ACLU tries to block release of day-labor employer data
By: CRAIG TENBROECK - Staff Writer | ∞
VISTA ---- The American Civil Liberties Union of San Diego and Imperial Counties will ask a judge to stop Vista from releasing the names, addresses and phone numbers of private individuals who have registered with the city as day-labor employers, an attorney with the group said Thursday.
The ACLU's legal director, David Blair-Loy, said he would file a class action complaint today in Superior Court on behalf of four anonymous employers to block the release of the information, which has been requested by a local anti-illegal immigration activist.
"This is just one of those cases where, I think, the right to privacy prevails over the right of public disclosure," Blair-Loy said.
The city was sent a copy of the complaint Thursday, Blair-Loy said.
City Attorney Darold Pieper said Thursday afternoon that the city will appear at a hearing about the matter ---- most likely to take place Monday. He declined to comment on what position the city will take.
Barring the court's intervention, however, Pieper said the city would have to release the list of employers by the end of business Monday.
This latest legal action was prompted by a public records request filed with the city on June 28 by Mike Spencer, the leader of an anti-illegal immigration group called the Vista Citizens Brigade.
Members of the brigade sometimes protest against the hiring of day laborers at a shopping center in central Vista where several men gather waiting for work. Spencer and his group have alleged that many of the mostly Latino workers are in the country illegally.
Spencer asked the city for the list of employers who have so far registered to hire day laborers, according to a preliminary copy of the ACLU's complaint. The list has 111 names on it, city officials have said.
Blair-Loy said he feared the personal information of registrants could be used as a tool for harassment by those who say that day-labor hiring promotes illegal immigration.
"Frankly, no matter who made this request, I'd be filing this case," Blair-Loy said. "But the fear of harassment just makes it more pressing."
Spencer said Thursday that posting the information on the Internet or using it to harass employers "was not my intent at all."
"I thought it would be interesting just to see if my request would set in motion any sort of action and see what the result would be," Spencer said.
The ACLU already has an extensive legal history with Vista's hiring law, which requires people who hire temporary workers off the street to register with the city, display permits in their car window and present workers with written terms of employment.
The ordinance also states that information submitted to the city by prospective employers will be available as public record.
Last year, the organization joined forces with California Rural Legal Assistance Inc. to sue the city in an attempt to stop the law from being enforced.
The parties reached a settlement in that case last month, which stipulated that the hiring law would remain in effect while Vista made some changes to the way it is enforced.
Among other things, the settlement stipulated that Vista would not immediately release the names and contact information of registered employers, but ---- if it received such a request ---- would wait 10 days to give the employer's attorney time to seek a court order.
Spencer said he was curious to see what actions the court and city would take.
"Does the city have a right to bargain away my rights to public information?" he asked.
Contact staff writer Craig TenBroeck at (760) 631-6621 or ctenbroeck@nctimes.com.
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ACLU Worthless wrote on Jul 5, 2007 11:37 PM:How low can the ACLU go?? They are fighting to supress the public's civil liberties to have access to public information. If some bozo registers with the city of Vista to hire illegal aliens, they will get what they deserve. I think that list should be turned over to ICE for investigation. If I was one of those 111, I would go de-register tomorrow! Everyone knows that 98% of those guys are illegal. If they were legal they would have real jobs. Time for an ICE sweep...!
Edgar wrote on Jul 5, 2007 11:46 PM:What the hell is the ACLU doing? It is public information. What is the ACLU afraid off? The truth!
borderraven wrote on Jul 6, 2007 12:21 AM:Should the city, comlpy with the ACLU's request to block release of public records, When public records could possibly contain incriminating evidence, that a set of felonies have occured? If so, then would the city be complacent in aiding and abetting of said felonies?
George Washington wrote on Jul 6, 2007 6:30 AM: Given the statistical fact that most day laborers are not in this country legally, and therefore can not legally be employed, it’s also a statistical fact that hiring them is statistically likely to be a violation of Federal law. I think that we can all rest easier knowing that the ACLU and California Rural Legal Assistance, with the aid of public funding from you and me, are hard at work making sure that probable Federal law breakers can conduct their illegal activities free from any possibility of annoying harassment. The citizens of Vista certainly owe these fine organizations a vote of thanks.
Typical ACLU wrote on Jul 6, 2007 6:40 AM:The issue hear is that it is against the law for businesses to hire illegals. If that isn't happening then there should be no problem releasing the list.
Anti Citizen Liars Union wrote on Jul 6, 2007 6:53 AM:Defund the jerks. What good have they done ANY American?
Cherie wrote on Jul 6, 2007 7:06 AM:Thanks Spenc! You my friend are doing the grunt work that needs to be addressed by ALL AMERICANS that are complaining about the illegals! I too have through the freedom of information act asked for information for a city in regard to there funding with public funds. 11 years worth. I got every piece I wanted. That in itself I felt was valuable because It HAD city employees working there with the sole purpose of getting grants for illegals! You know, all the stuff you and I pay for. Medical, classes, housing. Well, we did win in some respects we stopped funding of this LA RAZA SITE from 22o,ooo to 70,000. Im not done yet. NATIONAL things have gotten in the way. BUT, dont you think the sites are JUST A LITTLE RACIST?? I mean, why arnt they opened to all??? why arent the Black and white communitys that are poor invited in to get extra moneys?? Why shouldnt the employers have a choice to hire an AMERICAN or an illegal??? For that matter, what the heck is a city letting illegals hang around in the first place?? I SMELL RAT! WE WILL NOT LET THESE CRIMINAL CITY GOVERNMENTS TO USE OUR CITYS FOR ILLEGAL ACIVITY!!
Vista Legal Citizen wrote on Jul 6, 2007 7:41 AM:The city of Vista should tell the American Communists Liers Union (ACLU) to stuff it and just release the records. Why all the concern from the city?? Get some backbone Vista and release the PUBLIC records!!!
Concerned-1 wrote on Jul 6, 2007 8:28 AM:It would seem that law inforcement should be interested in who is hiring illegals. But then, that wouldn't be politically correct would it Mr. Blair Loy.
LAMESAJOE wrote on Jul 6, 2007 8:38 AM:GOV'T GOING THROUGH HOOPS TO FIND CREATIVE WAYS TO AVOID ENFORCING THE LAW. WHERE HAVE WE SEEN THAT BEFORE? IF GOV'T GETS TO DECIDE WHICH LAWS TO ENFORCE, DO I GET TO DECIDE WHICH LAWS TO OBEY? IT'S AMAZING THESE HACK POLITICIANS CAN STILL SAY, "WE'RE A NATION OF LAWS" WITH A STRAIGHT FACE!
human wrote on Jul 6, 2007 8:54 AM:Requesting this information is a ploy at intimidation, plain and simple. Intimidation. I suppose this is the American Way. How sad. You folks are nothing but bullies.
Peter wrote on Jul 6, 2007 9:07 AM:The records need to be released. I wonder what other public information the ACLU wants to keep secret.
curious wrote on Jul 6, 2007 9:22 AM:I would be interested in finding out who the members of the "Vista Citizen's Brigade" are, their addresses and phone numbers, where they meet, whether they advocate anything against the law, and Mike Spencer's biography going back to kindergarten. By tomorrow please.
To Human: wrote on Jul 6, 2007 9:56 AM:Bullies? Hm. Who ya gonna call when it's time to saddle up and fight for this country when we become weakened? The ACLU? They probably still think that you can "reason" with evil who would like nothing better than to butcher us all. Sharia law sound good to you? If it does, keep thinking that it's "bullying" to call the ACLU on ITS bullying "in the name of 'protecting' one's rights." The only rights they are interested in protecting are NOT Americans'.
Robin wrote on Jul 6, 2007 9:57 AM:Since when did the ACLU protest business? This is most odd. The business owner is the EXPLOITER of the poor worker YET the ACLU is stepping in to protect business? I guess the ACLU opposes anit-ILLEGAL immigrant activists so strongly that they will team with the fat cats - the employers.
Hey Human wrote on Jul 6, 2007 10:04 AM:If you want to see intimidation, drive thru Vista on May Day and see hordes of foreign flag wavers telling Americans to go back to Europe. Wake up human! Foreign invaders are trying to steal our land back for Mexico and you are asleep at the wheel. No wonder they call us stupid gringos! A few of us will stand and fight this illegal alien anarchy. We're taking America back with or without our government's assistance.
Brandon wrote on Jul 6, 2007 10:23 AM:What a waste of public time and money. Release the records and tell the ACLU to shove off. The ACLU makes so much money on their cases that they've become the injustice to the American people.
Greg in Oceanside wrote on Jul 6, 2007 10:43 AM:Just as with any business, they're required to file documents that are of public record. What the ACLU really wants to do is not protect the businesses as much as the illegal aliens that are hired by them. I certainly want to know who's hiring illegal aliens (aka 'day laborers') so I can make it a point to NOT do business with them or anyone associated with them. It's high-time we eliminate the 'reason' illegal aliens come here, namely jobs. Sooner or later they'll be forced to self-deport themselves. Even though these so-called 'day-laborers' work cheaply, we all pay in the long run. So, we might as well do ourselves a favor and focus on hiring only US citizens from now on.
AW4cryinoutloud wrote on Jul 6, 2007 12:28 PM:It is not illegal to hire day labor, get your facts straight
open mic wrote on Jul 6, 2007 1:26 PM:hoping the names of the companies will be read out loud on talk shows and listed in the paper- they are part of the problem -most of these folks would go back home if you folks didn't hire them for slave labor. Let's see who is taking advantage of poor people.
Sally wrote on Jul 6, 2007 2:56 PM:Hey Craig this is a half ... report you did not do your homework. Not surprised. Did you call any legal experts on First Amendment Rights? ...; the ACLU wants to protect rights by usurping rights how wonderful. You write sensational articles but do little research to add substance to your work.
Sally wrote on Jul 6, 2007 2:58 PM:Hey Craig this is a half ... report you did not do your homework. Not surprised. Did you call any legal experts on First Amendment Rights? ... the ACLU wants to protect rights by usurping rights how wonderful. You write sensational articles but do little research to add substance to your work. You are up there with the Rodrigues kid fom the Union Trib. good looks but no brain.
IRS wrote on Jul 6, 2007 3:00 PM:ACLU is a non profit someone should pay thier audits by the IRS a visit.
woodwork wrote on Jul 6, 2007 3:01 PM:looks like all the crazies are climbing out of the woodwork again. "Curious" has a good point. I don't care what side your on...what makes it ok to give this info to a bunch of bullies/terrorist. All i can see is threats being tossed around, but if you have the personal info are you going to start showing up at peoples houses,making prank phone calls? I think so!
Robert24 wrote on Jul 6, 2007 5:40 PM:I'm starting to take up a collection to send David Blair-Loy to Mexico to live. Anybody else wanna chip in?
Bravo ACLU! wrote on Jul 6, 2007 7:50 PM:Thank you for always protecting the rights of Americans and our civil liberties. These crazies don't care about our civil liberties as long as it doesn't affect them personally. They want to destroy our civil liberties at any cost for those they feel superior to. This Spencer guy is ridiculous by ASSUMING that because more day laborers are Latino that they are illegal. Get a job Spencer and quit harassing workers!
JIGSAW wrote on Jul 6, 2007 10:12 PM:Public information is released every day. Why is the ACLU blocking the release of this specific list? The list of businesses will eventually be known one way of another.
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