Wednesday, October 12, 2011

Seeking work as free speech

A small mercy: the Ninth Circuit upheld day labor corners, and much other sidewalk activity, last month in Comite de Jornaleros v. City of Redondo Beach. The Bay Area's top legal writer, Bob Egelko, explained the case here.

Specifically, the court threw out the SoCal beach town's ordinance against soliciting work or anything else from vehicles -- an ordinance that, naturally, existed purely to protect the flow of traffic. It's a pity to see that Alex Kozinski, often a no-bullshit libertarian, dissented.

Be interesting, very, to see if this affects the more carefully drafted if more florid phrasing of San Francisco's "aggressive solicitation" statute, Municipal Police Code 120-2, passed by the Prop M ballot measure in 2003. (Findable here in the section marked "Disorderly Conduct".)

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