Repost:

Police in O.C. Arrest Latino Laborers

Eight are taken from a Home Depot store to an immigration checkpoint by officers in Orange, who say the men broke work solicitation laws.

By Jennifer Delson, Times Staff Writer

February 25 2006

Eight Latino laborers without proof of legal U.S. residency were arrested Friday morning in front of the Home Depot in Orange and taken to an immigration checkpoint, from which they could be deported.

Orange police said the men were soliciting work outside the store and were cited for violating a city law that prohibits it.

A police spokesman said the arrests were made at the request of Home Depot and its customers. Company spokeswoman Kathryn Gallagher said store officials did not call police and were unaware that arrests were to happen.

The arrests drew applause from opponents of illegal immigration and raised concerns among immigrant advocates.

Both groups, however, agreed that the arrests were uncommon, despite the large number of day laborers who solicit work at Home Depot stores and elsewhere throughout Southern California.

"It is unusual, but I think it's wonderful. These people are criminals in violation of federal immigration law," said Barbara Coe of Huntington Beach, chairwoman of the California Coalition for Immigration Reform.

The arrests alarmed immigrant activists, including Nativo Lopez of Santa Ana, national president of the immigrant advocacy organization Hermandad Mexicana, who wants to work to overturn the local law.

Lopez said he believed that police violated the workers' due-process rights because the workers did not have a chance to challenge what could have been an improper arrest.

Cities with similar laws have faced legal challenges. In May, a federal judge struck down a Glendale law that barred day laborers from soliciting work at curbsides, arguing that the law violated the workers' free speech rights.

Orange Councilman Steven F. Ambriz said he was unaware that police were targeting the workers, and said he would request a report from the Police Department.

Eight of nine men arrested did not have proper identification and were taken to a Border Patrol checkpoint in Dana Point, said Orange Police Sgt. Fred Lopez.

Another man who did have identification was cited and released.

The citation carries a fine that must be determined in Orange County Superior Court, said the sergeant.

"These are not immigration sweeps," said Fred Lopez. "We are arresting people who are violating our laws." He said the solicitors had violated city code, and police chose to enforce the law Friday because workers were soliciting work on property where signs in English and Spanish prohibiting it have long been posted.

The Home Depot is in an area of the city in which the code prohibits soliciting work during certain hours on public or private property from a person in a vehicle.

Leo Donati, 31, of Orange was arrested and released because he had an identification card, he said later. He said that about 7:30 a.m. Friday, a motorist in a van asked him and others if they were looking for work. When they approached, police arrived in a second van.

"There are people out there all the time," he said.

"Nothing like this has ever happened."

Comment:

"Orange police said the men were soliciting work outside the store and were cited for violating a city law that prohibits it."

#1. If the above is true then shouldn't they be cited for trying to solicit work rather than being taken to a border checkpoint!?

#2. Why didn't the police just tell the 9 men to leave instead of harassing them and citing them with the violation!?

#3. Is soliciting work such a devastating crime to the community that you can take tax payer dollars to escort 8 men all the way to Dana Point while ignoring other crimes in the area such as rapes or robberies!?

If you are as upset about this as I am please e-mail or call:

Orange Mayor:

Mark Murphy

mayormurphy@markamurphy.com

Orange City Council Members:

City Council

(714) 744-2211

Steve Ambriz, John Dumitru, Teresa Smith,

citycouncil@cityoforange.org

Orange P.D. Chief Robert Gustafson (714) 744-7301 rgustafson@orangepd.org

Thank You for voicing your opinion against racial profiling and racist policy.

If you mean the car that was pulled over today, it didn't look like it was related to the day labor workers. The car didn't reach the protest area and was ordered by an officer, with an announcement speaker from his car, to pull over. The car happened to go into the liquor store parking lot.

I didn't see anyone else get ticketed for anything and the police were hardly there today.

So it looks like employers are still free to hire day labor workers in Lake Forest. I would suggest avoiding Saturday mornings of course. Come back the next day.

police are arresting Mon - Friday.

I know the police got the day labor workers to clear away at least once. I understand on the grounds of loitering(which increases the need for a day labor center in LF). Okay then, I suggest the workers not wait there. There are other waiting spots in LF, but I won't post all of them here of course.

I know where some get dropped off, but I'm hush on that one hehe.

http://municipalcodes.lexisnexis.com/codes/orange/

Title 9 PUBLIC PEACE, MORALS AND WELFARE

Chapter 9.37 SOLICITATION OF EMPLOYMENT

9.37.010 Purpose of Chapter.

9.37.020 Definitions.

9.37.030 Prohibition of Solicitation for and of Employment.

9.37.040 Posting of Non-Residential Parking Areas.

9.37.050 Penalty.



9.37.010 Purpose of Chapter.

A restriction on the usage of non-residential parking areas for the purpose of engaging in the solicitation for and of employment is reasonable and necessary to protect the public’s health and safety in using such areas.

It is not intended by this chapter to repeal, abrogate, or annul in any way or impair or interfere with the existing provisions of other laws or ordinances placed upon non-residential parking areas, but to strictly prohibit an activity when it is incompatible and adverse to the intended use of such areas. (Ord. 21-89)



9.37.020 Definitions.

For the purposes of this chapter, the words defined in this section shall have the meanings as follows:

“NON-RESIDENTIAL PARKING AREA” shall mean and include:

All private property comprising the parking area adjoining non-residential premises including but not limited to driveways, setbacks and portions that are landscaped.

“PERSON” shall mean and includes any person, firm, partnership, association, corporation, company or organization of any kind.

“VEHICLE” shall mean a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended.

“SOLICITATION FOR AND OF EMPLOYMENT” shall mean and include the following:

(a) The act of soliciting, requesting, or announcing by any means including without limitation by act or gesture the availability for and of employment.

(b) A solicitation as defined herein shall be deemed complete when made whether or not actual employment relationship is created.

“EMPLOYMENT” shall mean the service, industry, or labor performed by a person for wages or other compensation or under any contract of hire, written, oral express or implied. (Ord. 21-89)



9.37.030 Prohibition of Solicitation for and of Employment.

No person shall engage in the solicitation for or of employment on any non-residential parking area other than to perform the employment on or for owner or occupants of the adjoining premises. (Ord. 21-89)



9.37.040 Posting of Non-Residential Parking Areas.

(a) This chapter shall not be operative unless the owner, owner’s agent, or the person in lawful possession of the non-residential parking area has caused a notice to be posted in a conspicuous place at each entrance to such non-residential parking areas not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. Content of such notice shall be in substantially the following form:



“It is a misdemeanor to engage in the solicitation for and of employment other than to perform the employment on or for the owner or occupants of the premises”.



(Ord. 21-89)



9.37.050 Penalty.

Any person or vehicle occupant violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail of Orange for a term not exceeding six months or both such fine and imprisonment. Such person or occupant shall be deemed guilty of separate offense for each and every day a violation of this chapter is committed or continued by such person and shall be punishable as herein provided. (Ord. 21-89)

--

Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES



Chapter 12.65 SOLICITATION OF EMPLOYMENT

12.65.010 Purpose of Chapter.

12.65.020 Application of Chapter.

12.65.030 Definitions.

12.65.040 Solicitation for and of employment prohibited.

12.65.050 Penalty.



12.65.010 Purpose of Chapter.

The purpose of this chapter is to regulate the time and place and manner of the solicitation of employment from pedestrians to occupants of vehicles and from occupants of vehicles to persons on the public right-of-way. These regulations are content neutral and do not restrict the right of free speech or alternative channels of communication, but do ensure the protection of the public health and safety. (Ord. 22-89)



12.65.020 Application of Chapter.

A. This chapter shall only apply within the City of Orange to the streets, roadways, sidewalks, parkways and alleys of the district bordered by:

The West Right of Way Line of Tustin Street, the North Right of Way Line of Collins Avenue, the East Right of Way Line of Rancho Santiago Boulevard and the South Right of Way Line of Fairhaven Avenue.

Said district is more particularly described in Map Attachment “A” to this chapter.

The South Right of Way of Line of Katella Avenue,

The West Right of Way line of Batavia Avenue,

The North Right of Way line of Fletcher Avenue,

The East Right of Way Line of Shaffer Street.

Said district is more particularly described in Map Attachment “B” to this chapter.

B. This chapter shall only apply to the district described herein between the hours of 6:00 AM on any day to 12:00 PM noon of the same day. (Ord. 22-89)



12.65.030 Definitions.

For the purpose of this chapter, the words defined in this section shall have the meanings as follows:

“SOLICITATION FOR OR OF EMPLOYMENT” shall mean and include the following:

A. The act of soliciting, requesting, or announcing by any means including without limitation by act or gesture the availability for or of employment.

B. A solicitation as defined herein shall be deemed completed when made whether or not actual employment relationship is created.

“EMPLOYMENT” means the service, industry, or labor performed by a person for wages or other compensation, or under any contract of hire, written or oral, expressed or implied.

“STREET” shall mean a way or place of whatever nature public maintained and open to the use of the public for purposes of vehicular travel. Street includes highway.

“ROADWAY” shall mean that portion of street improved, designed or ordinarily used for vehicular travel.

“SIDEWALK” shall mean that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

“PARKWAY” means that portion of street or highway other than roadway or the sidewalk or traffic islands.

“ALLEY” shall mean any highway or street not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property.

“VEHICLE” means a vehicle as defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended.

“PERSON” means any individual, company, corporation, association, business or other legal entity.

“OCCUPANT” means a person who occupies a vehicle. (Ord. 22-89)



12.65.040 Solicitation for and of employment prohibited.

A. It shall be unlawful for a person to engage in the solicitation for employment from the occupant of any vehicle between the hours of 6:00 AM and 12:00 PM noon of the same day on the streets, sidewalks, roadways, parkways and alleys in the district described in Section 12.65.020 of this chapter.

B. It shall be unlawful for the occupant of any vehicle to engage in the solicitation of employment to a person on the street, sidewalk, roadway, parkway, between the hours of 6:00 AM any day to 12:00 PM noon of the same day in the district described in Section 12.65.020 of this chapter. (Ord. 22-89)



12.65.050 Penalty.

Any person or vehicle occupant violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail of Orange for a term not exceeding six months, or both such fine and imprisonment. Such person or occupant shall be deemed guilty of separate offense for each and every day a violation of this chapter is committed or continued by such person and shall be punishable as herein provided. (Ord. 22-89)

Imagine getting busted for a misdemeanor, and you don't have ID, to prove you are legals, and so the cops take you to the ICE, and then ICE say you will be deported. Talk about a day going from Bad to worse. It reminds me of Cheech Marin's "Born in East L.A."

:)

BR

>>>Imagine getting busted for a misdemeanor, and you don't have ID, to prove you are legals, and so the cops take you to the ICE, and then ICE say you will be deported. Talk about a day going from Bad to worse. It reminds me of Cheech Marin's "Born in East L.A."

In that movie, Cheech's character was a citizen.

We all know that the most logical correct way that these officers should have responded to the situation is by telling the men at the Home Depot to leave or else they would be arrested. End of story. Instead these officers act like a couple of dicks and take these guys to the INS, WTF! And then the police wonder why people in the community, esp. blacks and latinos, don't like cops. Give me a break.

California's Penal code sections 13510-13519.14, were written, to force the police to focus, on actions and behaviors, not appearances.

The act of a group of 50-100 men standing along the sidewalk, the act of one man waving his hand to beckon to a vehicle driver to pull off the road, the behavior of 9 men approaching the vehicle to negotiate employment. Those are actions.

Cities have a responsibility to protect the people. If a large number of illegal immigrants are loitering in the public, this draws the attention and concern of the people and eventually the city government.

Read my previous post and pay attention to the title.

Border Raven aka Minutewoman aka OC aka Gerry never felt police harassment becasue he has been a lapdog to the power elite.

We all need to get in the habit of carrying our ID cards with us, when we leve the house. It should be an automatic deal, something you do without thought. If you have a driver's license (yours not someone who looks like you) BRING IT; if you have a valid Social Security card, BRING IT; and when the National ID card comes for you and your children, you best make sure you and them, DON'T LEAVE HOME WITHOUT IT!

oc