Vista says lawsuit won't deter regulation

By: CRAIG TENBROECK - Staff Writer | Wednesday, July 19, 2006 9:38 PM PDT

VISTA ---- City officials said Wednesday they won't be deterred by a lawsuit seeking to quash Vista's attempt to regulate the hiring of day laborers, and that employers can begin registering as early as Monday, before the law takes effect next week.

The controversial ordinance, adopted by the City Council on June 27, requires employers to register with the city before hiring day laborers from places they don't own or manage.

They also must display a certificate in their car windows and present written terms of employment to workers.

Assistant City Manager Rick Dudley said the city had been finalizing the registration forms, but hoped to have them ready so that employers can begin signing up Monday.

He said one person had asked to register so far.

On Monday, the American Civil Liberties Union of San Diego and Imperial Counties joined with California Rural Legal Assistance Inc. to file a federal lawsuit against the city.

The groups seek a temporary restraining order to prevent Vista from enforcing a law they allege is unconstitutional.

City Attorney Darold Pieper said he will file a response to the lawsuit by noon Friday, and that the plaintiffs have until 5 p.m. Monday to respond. Nothing has been scheduled beyond that, he said.

This week, Dudley said, bilingual code compliance officers will start visiting the city's most popular makeshift hiring site ---- a shopping center parking lot near Escondido and Santa Fe avenues ----- to distribute educational leaflets to day laborers, would-be employers and area business owners.

Employer registration forms may also be distributed with the leaflets, but the city does not plan to register anyone at the site, Pieper said.

Instead, Pieper said, those seeking to hire day laborers must first visit the code compliance office at City Hall, 600 Eucalyptus Ave. Registration takes about 15 minutes, and "part of that is simply waiting for the certificate to be printed," he said.

According to the ordinance, an employer will be asked to show a photo ID, and provide a name, address and telephone number. The application will ask for the names and addresses of anyone authorized to represent the employer for the purpose of hiring a day laborer, as well as "other information, if any, as deemed relevant."

Dudley said he did not know the current level of public awareness of the law.

"Hopefully, the people that are hiring day laborers are reading the paper and have a relatively high level of awareness, but who knows," Dudley said.

Upon registering, employers will receive information about the ordinance and samples of the term sheets they will be expected to provide day laborers, Pieper said. They will also receive supplemental materials about workers' compensation, insurance, minimum wage, and other employer obligations under state and federal law.

The ordinance takes effect July 28, but for the first three days, the city will simply issue informational materials, Pieper said. The next week, code compliance officers will issue notices of violation. After that, employers who have not registered can be hit with citations, he said.

Violations will be misdemeanors punishable by up to six months imprisonment or $1,000.

While code compliance officers will be in charge of enforcement, they will be, at least initially, supported by San Diego County Sheriff's Department deputies, Dudley said.

"We want to be sure that everything goes well and there's a decent period where everyone gets adjusted to it," Dudley said.

How much time they spend at hiring sites will depend on the need, Dudley said.

City officials have said the law is intended to prevent day laborers, predominantly Latino men, from being taken advantage of by unscrupulous employers. Opponents have countered that it will instead discourage hiring of day laborers in the city.

Contact staff writer Craig TenBroeck at (760) 631-6621 or ctenbroeck@nctimes.com.

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43 comment(s)[-]Go to Top

Dan ( Temecula ) wrote on Jul 19, 2006 11:26 PM: Pay some taxes! What is wrong with that. If your legal, and seeking work for low wage this will not effect you. If it slows the pace of people trying to save a buck oh well. Most people that hire day laborers have a pocket full of money, and because they are cheap, and don't mind not dishin out towards taxes. (which by the way is illegal). If this is your way of life,(day labor) and you are legal, why not work for labor ready? What are you hiding anyways? I say get rid of day labors all together. I know I'm a stupid gringo who has a pocket full of cash with no brain, but my little brain says no to illegal actions!!!!!!!!!

Dan ( Temecula ) wrote on Jul 19, 2006 11:33 PM: I haven't read anything that says the employers will be taxed. Is there anyone out there that knows more details to the guide lines of this ordinance?

Jefe wrote on Jul 20, 2006 12:14 AM:Hiring Illegals is Illegal (the vast majority of day workers are illegal). Hiring day workers in Vista without a permit? Ouch! Big fine! Guess that cheap slave illegal labor ain't so cheap anymore.... Employers, start hiring Americans, legal workers, or HirePatriots.com. Hire your manual labor from Labor Ready on Main St. Illegal Aliens, go home! You've worn out your welcome here!

Bitten by reality wrote on Jul 20, 2006 3:33 AM:Why is this ordinance not fair? You should ask the Smart family what their opinion is about hiring random people to work in their homes or yards. Many years ago in upstate N.Y., I was having work done on my home. The contracter brought extra help for some 'grunt' work. I was told after the fact that the dude had just been released from prison. He was 'lily white;' different race, same issue. When you hire these people you have no clue who they are. I wish Escondido had chosen this as our hot-button issue. You get what you pay for.

El Guero wrote on Jul 20, 2006 7:02 AM:Thanks to Vista officials for applying a First World solution to a Third World problem. Viva regulacion!

Cherie wrote on Jul 20, 2006 7:03 AM:Finally someone get's it! This city is taking back our Country! If every city did this, they would leave. As far as the ACLU and the other traitors. They are the reason this country is in the mess it is in. I cant wait to help unravail the wicked evil ACLU that is hurting our country. Anyone that helps illegals work or live in this country is a traitor.

Frank Dare wrote on Jul 20, 2006 7:48 AM:Fantastic! Another city council with guts. Congratulations to all of the Real Americans, (vs. those who only call themselves Americans, but aren't willing to stand for our laws and freedoms), who support our laws and take action when they are disregarded. Now if the Congress and President Bush will raise themselves above the smell of money and corruption we'll have our United States of American return. Keep up the great work.

enough sheriffs wrote on Jul 20, 2006 9:03 AM:Ok now that Dudley mentions the ‘sheriffs’ everything is going down the shhh-shut must he city of Vista and the School district hide under the sheriffs all the time? They are like little girls hiding behind their pit bulls.

makes sense wrote on Jul 20, 2006 9:06 AM: The city is taking along with the code compliance officers, the sheriff and their Minutemen who are the day labors taking with them? Jillings and the ACLU..

To all wrote on Jul 20, 2006 9:08 AM:Oceanside, San Marcos, Escondido and Encinitas are you listening? Why don't you follow in Vista's footsteps and do the right thing for your city? Step up and take your streets back, it's the right thing to do.

Mark wrote on Jul 20, 2006 9:35 AM:Three cheers for Vista!!!

TO ALL wrote on Jul 20, 2006 9:56 AM:PEACE AND LOVE!!! YOU ALL NEED JESUS! GET A LIFE!!! IS THERE A REAL CHRISTIAN AROUND HERE? HYPOCRITES!!!!!!!!!!!

To To All wrote on Jul 20, 2006 10:21 AM:What would a real Christian do? Name calling? Are you a real Christian as a real Christian does not flaunt it and call names. I see you as the rest no better but maybe worse for using Jesus name and yes I try to live a Christian life and only God can judge me!!

to: all wrote on Jul 20, 2006 11:06 AM: Nope I'm not a Christian. I'm atheist does that make me a bad person? Does that make the issue at hand go away? I do have peace and love in my life, and I will not rest intill are laws are enforced. So you are a christian? How is it you defend illegal activties? What about the illegal immigrants that kill, rape, molest, sell drugs, smuggle drugs? Are they invited to your house too? Throwing religion out there is the same as the race card. Its because you have nothing else better to support illegal immigration. Go read the bible some more, and you will probably learn that your god will not judge you for understanding the problem at hand!!!!

GFN wrote on Jul 20, 2006 11:17 AM:To "To All": J. C. said, "Give to Caesar what is Caesar's; give to God what is God's." That means follow the law of the land in which you live and follow God’s law while you are doing it. This is a good thing, nothing hypocritical about it. Get the illegals to follow what J. C. said, and the problem goes away.

American woman wrote on Jul 20, 2006 11:20 AM:God Bless Vista! God bless America! We are getting there, one baby step at a time! Does this mean anything to those of you out there who constantly lament that there's nothing we can do??? You bet your #&*$! there is! Now, let's see some action from other California cities!

Alicia wrote on Jul 20, 2006 11:24 AM:I fail to realize why the ACLU has a problem with this. How does this violate the so-called rights of the illegals? It sounds like it makes the employer liable for the welfare of the illegal while on the job. It sounds like it doesn't do anything to actually curtail the hiring of illegals at all.

Jorge wrote on Jul 20, 2006 11:25 AM:It seems that "TO ALL" (9:56 am comment) is a bit freaked-out. Methinks he doth protest too much! In all that I say and do, I count on my Lord Jesus Christ and He believes in me! He also believes in the rule of law, and it's place among men who so easily go astray!

All wrote on Jul 20, 2006 11:29 AM:Be obedient, no matter how much the Master's plan doesn't make sense to you. Love your neighbor as yourself. Give to those less fortunate. Don't be afraid. He said He would never leave us or forsake us! Pray. Be obedient, no matter how much the Master's plan doesn't make sense to you. Love your neighbor as yourself. Give to those less fortunate. Be generous. Don't be afraid. He said He would never leave us or forsake us! Whatever your lot in life, remember God is in control Remember, you were divinely created with a purpose Others were too, Even if they seem way different from you! Relax and let God drive. Enjoy the ride!

To Jorge from to ALL wrote on Jul 20, 2006 11:35 AM:AMEN!!!! YOU CAN'T BE AFRAID WHEN GOD'S WITH YOU! ;D

Federal Corruption wrote on Jul 20, 2006 11:41 AM:The employers of illegal immigration have corrupted President Bush and AG Alberto Gonzales into ignoring Federal criminal laws on illegal immigration. The illegal immigrants, once made citizens, love big government programs that tax the 'rich' and give to the 'poor'. This empowers the liberals thus convincing them to turn a blind eye, and even rewarding, persons that immigrate illegally, which is a criminal action.

McD wrote on Jul 20, 2006 11:49 AM:TO ALL-- Try reading your bible, Romans 13- 1 through 7, It begins, (1)" Let every soul be subject to the authorities. For there is no authority accept from God. (4)"But if you do evil,be afraid, for he does not bear the sword in vain." etc. If you do the crime, then you do the time

Just curious... wrote on Jul 20, 2006 12:33 PM:Why does everyone that posts a comment has to make a racist statement or a religious one??

Alicia wrote on Jul 20, 2006 1:02 PM:To Just Curious: I think you read into things that aren't there. My comment plus several others on this subject state nothing racist or religious. I guess you like to think everyone here as one of the same? You seemed more quick-to-judge as some of the other characters here are.

C.A. Jones wrote on Jul 20, 2006 1:02 PM: To Just curious: Because those two item are important to most everyone. Imagine a world without those two items. What a boring world it would be for even you - to wit - you seem to get some traffic out of them. Enjoy.

Tax Payer wrote on Jul 20, 2006 1:48 PM:Leave all the Jesus BS out of this - the illegals are getting just what they asked for, after their little demonstrations and flag burnings - pound sand and go home!!!

Shirley wrote on Jul 20, 2006 2:21 PM:"Leave all the Jesus BS out of this" You should get out of this! "Why does everyone that posts a comment has to make a racist statement or a religious one??" SO TRUE!!!!

To ALL wrote on Jul 20, 2006 2:28 PM:Jesus came to teach us how to live and respect each other here on earth, that's why he wanted us to follow laws and commandments. RACISTS are not following neither of these.

Prop 187 - Where are you? wrote on Jul 20, 2006 2:46 PM:Prop 187 would have resolved many many of these issues as well as many tax issues for citizens. The ACLU screwed that up too! It was passed in California by 59% of the vote. The "1994 ballot initiative designed to deny illegal immigrants social services, health care, and public education..."

PROGRESS wrote on Jul 20, 2006 2:58 PM:It's about time we quit kitty-footing around and started enforcing our laws which, by the way, are there for a reason. Why should someone be rewarded for coming into this country illegally, by 1) being paid a very good wage -- yes these people do make good money -- without paying any taxes whatsoever 2) benefit from the things that we pay our taxes for -- infrastructure maintenance, services, welfare, health benefits (their trips to the emergency room are free whereas we pay high prices for our visits mostly due to their free visits)...etc etc..and....their children become citizens when born here!!! What kind of a crock is this and why should we have to subsidize all of this reward for people doing something illegal? Race is not an issue! Religion is not the issue either! It's about fairness to those paying for the system. Go Vista!

Paul wrote on Jul 20, 2006 3:44 PM:Visit the San Diego County Sheriff's web site for the 10 most wanted. www.sdsheriff.net/tmw/. It will clarify where the crime element is coming from.

To Paul- wrote on Jul 20, 2006 4:22 PM:Also look into the list of the Megan's Law List- Most are Caucasian, and yet, we can't say ALL Caucasians are child molesters. oh, it might be okay with YOU because they are not immigrants.

To GFN wrote on Jul 20, 2006 5:17 PM:Why don't you follow what J.C. said and then I think the problem will go away. Love your neighbor as yourself.

To Paul wrote on Jul 20, 2006 5:28 PM:Good job!!! Thank you for pointing out the obvious some people are so stupid. Which brings me to my next point. The way I see it the ordinance is a good thing. I am going to register and go without guilt and hire day laborers. I will no longer listen to the minutemen and their lies about hiring the day laborers. The ordiance says I can hire day labor it does not say anywhere I have to hire one who is documented. So really the whole it is "illegal to hire an illegal" is no longer valid thanks to this ordinance. I think July 28, should be HIRE A DAY LABORER DAY!!! Thank you to the brilliant City Attorney who wrote this ordinance and left loop hole after loop hole. I would advise you of all the others but I love surprises don't you? I will keep you posted.

To all the religious fanatics wrote on Jul 20, 2006 5:34 PM:Most of you quote scriptures out of context to try to suit your purpose. First, of all the moment you begin to use scriptures as a weapon against someone the power of those words is gone. As far a who can judge...There is only one judge and that is Jesus Christ, so please stop judging these immigrants. If Jesus were here he would call all of you the same thing he called the Pharisees and Sadducees hyprocrites and vipers. God is all about love. So keep your hate all to yourselves and stop using the words of God to hurt others. Oh yes one thing more Jesus did get mad one day and went around over turning tables and telling people what he thought about them. Keep your eyes open folks because Jesus is tired of false representation.

UR Right, Paul wrote on Jul 20, 2006 5:36 PM:Yes, 8 of the county’s 10 most wanted criminals are Latino per the SD Sheriff web site. For those of you who look there and still deny a vast illegal criminal element, go to: http://www.immigrationshumancost.org/text/crimevictims.html for further confirmation.

to paul From Dan (Temecula) wrote on Jul 20, 2006 5:50 PM: Hey Paul you should leave are country too. You are unamerican in my eyes, as you should not try to look for a loop hole in evrey system we create. By the way we should make an ordinance for non tax paying smucks like Paul to forfeit anything they own, and put into auction to help pay back the honest taxpayer. Paul people like you fire me up more than illegals. You should be punished and kicked out of our beautiful country as people like you are willing to ugly it to save a buck.

GFN wrote on Jul 20, 2006 10:22 PM:I do follow what J. C. said; don't you get it yet? I do love my neighbor. However, I cannot condone my neighbor driving drunk or stealing from others, nor do I condone them coming into the sovereign United States illegally. Come on now, show some sense.

leslieintexas wrote on Jul 21, 2006 12:22 AM:I applaud the City of Vista for this great first step, and the San Diego MM for all of their vigilance! You inspire me to work hard here in Texas, too! Now, if the City would just require the laborers to complete an I9 form, like a regular old American citizen has to do. I agree, Day Labor Centers need to go away completely. Everyone knows what they are about, to heck with the A.C.L.U. and the Southern Poverty Law Center, etc, ad nauseum.

TO ALL wrote on Jul 21, 2006 10:58 AM: Did God create evil? >> >> A University professor at a well-known institution of higher learning >> challenged his students with this question. "Did God create >> everything that exists?" >> >> A student bravely replied, "Yes he did!" >> >> "God created everything?" The professor asked. >> >> "Yes sir, he certainly did," the student replied. >> >> The professor answered, "If God created everything; then God created >> evil. >> And, since evil exists, and according to the principal that our works >> define who we are, then we can assume God is evil." >> >> The student became quiet and did not answer the professor's >> hypothetical definition. The professor, quite pleased with himself, >> boasted to the students that he had proven once more that the >> Christian faith was a myth. >> >> Another student raised his hand and said, "May I ask you a question, >> professor?" >> >> "Of course", replied the professor. >> >> The student stood up and asked, "Professor does cold exist?" >> >> "What kind of question is this? Of course it exists. Have you never >> been cold?" >> >> The other students snickered at the young man's question. >> >> The young man replied, "In fact sir, cold does not exist. According >> to the laws of physics, what we consider cold is in reality the >> absence of heat. >> Every >> body or object is susceptible to study when it has or transmits >> energy, and heat is what makes a body or matter have or transmit >> energy. >> >> Absolute zero (-460F) is the total absence of heat; and all matter >> becomes inert and incapable of reaction at that temperature. Cold >> does not exist. We have created this word to describe how we feel if >> we have no heat." >> >> The student continued, "Professor, does darkness exist?" >> >> The professor responded, "Of course it does." >> >> The student replied, "Once again you are wrong sir, darkness does not >> exist either. Darkness is in reality the absence of light. Light we >> can study, but not darkness. In fact, we can use Newton's prism to >> break white light into many colors and study the various wavelengths >> of each color. You cannot measure darkness. A simple ray of light can >> break into a world of darkness and illuminate it. How can you know >> how dark a certain space is? You measure the amount of light present. >> Isn't this correct? Darkness is a term used by man to describe what >> happens when there is no light present." >> >> Finally the young man asked the professor, "Sir, does evil exist?" >> >> Now uncertain, the professor responded, "Of course, as I have already >> said. >> We see it everyday. It is in the daily examples of man's inhumanity >> to man. It is in the multitude of crime and violence everywh ere in >> the world. These manifestations are nothing else but evil. >> >> To this the student replied, "Evil does not exist, sir, or at least >> it does not exist unto itself. Evil is simply the absence of God. It >> is just like darkness and cold, a word that man has created to >> describe the absence of God. God did not create evil. Evil is the >> result of what happens when man does not have God's love present in >> his heart. It's like the cold that comes when there is no heat, or >> the darkness that comes when there is no light." >> >> The professor sat down. >> >> The young man's name -- Albert Einstein

to :to all Dan (Temecula) wrote on Jul 21, 2006 6:34 PM: Your point is? What, let me guess open are borders thus let thy light into the dark so my child can possibly be hurt by a person of the unknown. Giberish mumbo jumbo at the matter at hand. Its fine that you look at life in the way that you do, but your greatest rival is on your side ,as latino's in general(but not excluding other races) have strong faith in God but still commit the same unGod like crimes as evil. So spear us, or me the homework you did today that made as much sense as your earlier comment did. A plus for effort as I did make it through that long but very interesting story. The real deal is that we must know who you are before you get here. And I'm also interested in knowing your take on 911, and how you would feel if something like this happened, and it was a mexican smuggler that brought them in? So basically if you pray real hard does God tell you that is not possible? Because he tells me that it can. We are not a third world country and those that are would love to do us harm. (Mexico is a third world country get it!)

Peter to Paul wrote on Jul 26, 2006 2:16 PM:Publish the name of your company and I'll ensure the IRS is informed you hire illegals and don't pay payroll taxes... Did you know that people who pass on info to the IRS are intitled to a reward! I bet lots of citizens would be willing to provide the name of your company to the IRS for their pieces of silver...

To: to all who wrote wrote on Jul 27, 2006 7:34 AM:You profess to being an atheist. Even atheist believe in something, wether it is their own narcissitic person or money. I think you belive in pure stupidity.

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