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Judicial Watch Files Amicus Curiae Brief in Support of Law Banning Illegal Aliens From Seeking Work on City Streets in Redondo Beach, California
| Source: Judicial Watch
WASHINGTON, DC--(Marketwire - July 11, 2007) - Judicial Watch, the public interest group
that investigates and prosecutes government corruption, announced today
that it has filed an amicus curiae brief in the 9th Circuit Court of
Appeals in California in support of a City of Redondo Beach, California
ordinance banning illegal aliens from seeking work on city streets. U.S.
District Court Judge Consuelo Marshall ruled in April 2006 that the
ordinance, first implemented in 1987, violated the illegal aliens' First
Amendment right to free speech and issued an injunction preventing police
from enforcing the law.
Judicial Watch contends the lower court misapplied the First Amendment in
its decision, failing to differentiate between commercial speech, which is
entitled to lesser protection under the First Amendment, and political or
expressive speech, which enjoys greater protection under the First
Amendment.
"Not unlike hot dog vendors or t-shirt sellers commonly seen on the streets
of busy cities across America, day laborers 'propose a commercial
transaction' to prospective employers by standing in certain locations,
like streets or sidewalks... no political message is conveyed. The only
message is 'hire me,'" Judicial Watch argued in its brief. "The District
Court erred in its review of the City's anti-solicitation ordinance by not
analyzing street-side solicitation of employment as commercial speech. By
doing so, the District Court failed to apply the appropriate First
Amendment analysis to the ordinance. Because of this fundamental error,
the District Court's ruling should be reversed."
Judicial Watch also pointed out that the District Court was wrong to
suggest there are no laws preventing undocumented workers from seeking
employment. It is unlawful for illegal aliens to work in the United States
and for anyone to aid and abet the violation of federal immigration laws.
According to a recent University of Illinois survey, at least seventy-five
percent (75%) of day laborers in the United States are illegal aliens.
"Most Americans would reject the notion that illegal aliens begging for
jobs in the streets should be protected under the First Amendment. We hope
the appeals court agrees that the U.S. Constitution does not protect this
illegal behavior," said Judicial Watch President Tom Fitton. "Redondo
Beach ought to be able to enforce its anti-solicitation law and to protect
its citizens."
Judicial Watch has launched a number of lawsuits and investigations across
the country in order to challenge local government actions and public
expenditures that violate and undermine immigration laws. To find out more
information about Judicial Watch's immigration programs, and to read
Judicial Watch's amicus curiae brief, please visit www.judicialwatch.org.