Media organizations seek to join day labor employer suit
By: CRAIG TENBROECK - Staff Writer | ∞
VISTA ---- Several press organizations have asked to join a legal fight over whether the city of Vista should release the names of private individuals who have registered to hire day laborers.
The media groups ---- including the North County Times, Copley Press, the Los Angeles Times and the California Newspaper Publishers Association ---- are opposing a lawsuit filed last week by the American Civil Liberties Union of San Diego and Imperial counties that seeks to keep the employers' information out of the public record.
Los Angeles-based attorney Alonzo Wickers said he filed a joint application in Superior Court on Friday on behalf of three of the news agencies. The North County Times will add its name to the application Monday, according to Dan McSwain, the paper's acting editor.
Wickers said the lawsuit threatens to erode the public's right to government records.
"While the ACLU may have good intentions here, I believe the way they chosen to pursue them is antithetical to the public's right to access," he said.
The ACLU, representing four anonymous employers, filed its lawsuit against the city after the leader of a local anti-illegal immigration group requested employer information under the California Public Records Act. The ACLU's legal director, David Blair-Loy, has said private employers could be discouraged from hiring if their personal information was posted on the Internet or used for harassment.
Anti-illegal immigration activists sometimes protest against the hiring of day laborers at a shopping center in central Vista where several men gather waiting for work. They have alleged that many of the mostly Latino workers are in the country illegally.
On Monday, Superior Court Judge Michael Orfield issued a restraining order to temporarily prevent the city from releasing the information. He said the court would have to sort out a conflict between the right to privacy and the public's right to know.
City Attorney Darold Pieper has said Vista will take its direction from the court.
The next hearing in the case is set for July 26.
Vista adopted its controversial hiring law last summer, requiring people who hire temporary workers off the street to register with the city, display permits in their car windows and present workers with written terms of employment.
More than 110 individuals have registered since then, officials have said.
Blair-Loy, the ACLU attorney, said Friday that he would take no pleasure in opposing the press if the judge grants their request to join the lawsuit. However, he added, "if the constitutional right to privacy means anything, then it applies here."
"I have spent much of my career litigating for the right of open government and public disclosure, and I think that, most of the time, the ACLU does line up with the press on public disclosure issues," Blair-Loy said. "But on occasion, we believe that the public interest in upholding the constitutional right to privacy clearly outweighs the public's interest in getting the private, personal information of private individuals."
Wickers said he doesn't believe the privacy argument is valid.
"The city has licensed certain people to employ day laborers," Wickers said. "The public has a right to know who those individuals are."
The mere fact that it may cause somebody embarrassment is not enough to defeat the public's right of access, he added.
Media organizations are not the only parties that have expressed interest in joining the lawsuit.
Joseph Turner, a representative for the Washington, D.C.-based Federation for American Immigration Reform, said in an e-mail to the North County Times on Friday afternoon that his organization would file an application next week to intervene on behalf of Michael Spencer, the activist who filed the records request.
Over the last year, the city has received ---- and granted ---- five formal public records requests for the employer information, Pieper has said. They were submitted by media organizations, as well as Spencer and the ACLU.
Vista officials have also granted informal requests for the information by the North County Times.
Contact staff writer Craig TenBroeck at (760) 631-6621 or ctenbroeck@nctimes.com.
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Concerned-1 wrote on Jul 13, 2007 10:59 PM:Why does the public have a right to know who employs who. This rationale would open all employment records to the public. The state would have to disclose every employee of every employer in California.
AW4cryinoutloud wrote on Jul 13, 2007 11:00 PM:THe Minutemen want this information so they can harass and vandalize hte homes of private citizens, just like they have in the past.
Leon wrote on Jul 13, 2007 11:29 PM:I am very pleased that the North County Times is joining in this legal effort, and that it is doing so on the side of open government and the public's right to know. Sunshine is ALWAYS the best disinfectant.
Can't wait for the list!! wrote on Jul 14, 2007 12:21 AM:Be prepared to see some familiar names. There's no need to post addresses, just names and cities they reside in. This is justice for those outsiders that just want to cause problems and bleeding hearts that don't care how much illegals cost the taxpayer!!
The ACLU is so transparent!! wrote on Jul 14, 2007 1:04 AM:The ACLU (Mr. Blair- Loy) seems to only get involved in issues that meet their agenda! These records are a matter of public record. Where is the ACLU in the matter of segregrated classrooms for Islamic girls. In these segregrated classrooms at Carver elementary, the girls take an hour of the school day to pray. I can guarantee that the ACLU would immediately step in to stop prayer during the school day (in a classroom) if the kids where Christian or Jewish. Yes the ACLU has a definite agenda which is extremely transparent!!! I'm glad to see the papers taking the correct stand...
The ACLU gets a clue wrote on Jul 14, 2007 4:29 AM:Let's take this to every higher level. It would be very informative to know the identities of employers of illegals from private individuals on up to the huge corporations. Do I detect a change in the politics of the NCT? YES!!! Let's open this up wide; what is there to hide???
Surprised but Pleased wrote on Jul 14, 2007 6:36 AM:Any business license is public information. From the person that owns the adult bookstore to this. Their are no exceptions. This is one case the ACLU will lose.
Suspicious wrote on Jul 14, 2007 6:36 AM:If they can publish the names of Johns who hire hookers why not employers intending to engage in the illegal act of circumventing a host of laws that other employers are forced to follow? See if the same employers are registered at Labor Ready or [Web site]
Who is Illegal? wrote on Jul 14, 2007 7:26 AM:Do these employers withhold taxes and social security, provide workers comp insurance, and comply with State employment law?
Bob the American wrote on Jul 14, 2007 8:25 AM:The ACLU always seems to be against what the good people of this country are for. It is a communistic organization. It operates with impunity amongst an uninformed populace.
question wrote on Jul 14, 2007 9:05 AM:Can't the city release the names without releasing any other personal info? I see how this should be public record. It is not just an employment record, but a license obtained from the city, just like a business license or marriage license. Those are public.
never thought wrote on Jul 14, 2007 9:07 AM:I never thought I'd see the NCT team up with the Minutemen. But the ACLU, no matter how you feel about their politics, is wrong on this one. If the Minutemen do get this info, as they should, the cops should make it clear that any harrassment will be criminally prosecuted.
Estelle wrote on Jul 14, 2007 9:08 AM:This is a freedom of information issue. Who runs the government and how is it run? How are we to decide that it is being run well? By having access to information to run a democracy the right way, that is how. What the ACLU has really done on their stance on this issue, is shown that they are not for the kind of freedom that founded this country. They are for the kind of suppression that Stalin and Mao would have agreed dwith.
Yes and No wrote on Jul 14, 2007 9:33 AM:I believe in public access to information, so I half way disagree with the ACLU on this one. The underlying principles of "right to know are important and need to be protected. However there are extenuating circumstances to be considered. In Nazi Germany there was a law that required people of the Jewish faith to wear a yellow star on their clothing so they could be identified. The disclosure was so they could be persecuted. The Minutemen's request has a similar intent and facilitate their harassment and possible criminal actions against the names they obtain. I hope the judge is very "judicious" in deciding this case.
To ACLU is so transparent wrote on Jul 14, 2007 10:26 AM:You are absolutely right with this post. Why is the ACLU and the papers letting the Muslims get away with prayer in school? Hum, I think I will talk to my son's school and see if they can start praying in their school. Oh no, but they are Chistians.
Funny wrote on Jul 14, 2007 10:39 AM:Its funny that the same people who complain, rightly, about the government not being open enough (via Bush, etc.) are the same ones who now say that the government should be less open. Its great when obvious biases become exposed.
Laughing at you all wrote on Jul 14, 2007 10:57 AM:Whatever the ACLU's position on this is, they aren't the ones deciding the issue, and they provide a valuable service forcing the testing of laws by the courts. Now get a grip.
Christina wrote on Jul 14, 2007 11:37 AM:To the NCT: Why would a newspaper who is suppose to report the news get involved in the politics of the news? Report this to the minute men, stop calling all the migrant workers Hispanics, most of them are from South America!!!!
zeezil wrote on Jul 14, 2007 12:10 PM:Correct me if I'm wrong...but when has the ACLU ever had "good intentions" in respect to the good of this country and the American worker and the American citizen?
dragons5 wrote on Jul 14, 2007 12:12 PM:That doesn't sound like trying to protect privacy, it sounds like trying to protect hiring of illegal aliens, a federal offense.
JK wrote on Jul 14, 2007 12:12 PM:As usual employers are trying to do just enough to get that cheapest labor but don't want the public to know how they are doing it. These businessmen chose to register so they could hire day labor off the streets. They are also licensed by the local government to do business which is a matter of public record and gives a feeling of accountability for any who use their services. They should not have the right to hide how they hire the employess that come into our houses and perform work for them. It is the publics right have this information so they may choose who they let into their homes when hiring a service provider.
Beckyal wrote on Jul 14, 2007 12:16 PM:The employers are committing criminal acts by hiring illegals. Why should it not be released unless the employers are worried that the community is going to be unhappy and not hire them anymore. We release the name of criminals all the time.
Thanks NCT wrote on Jul 14, 2007 12:22 PM:Thank you NCTimes! It's good to see you on the proper side of this debate. And shame on the ACLU for trying to withhold public records. If it turns out the information is used in a sinister and illegal way, then that is another issue to be dealt with at that time.
media hype wrote on Jul 14, 2007 12:31 PM:Next hearing in this matter before the court will be July 26. I hope the news networks show up for the live feed of this interesting legal event. I hope all you bloggers join me there. The people have vested interest in transparent government in my not so humble opinion.
Power To The People!!! wrote on Jul 14, 2007 4:05 PM:Take that ACLU!!
NCT Rocks! wrote on Jul 14, 2007 5:44 PM:Way to go NCT! Thanks for standing up to the Alien Civil Liberties Union. Hey ACLU, why don't you join Teddy Pinnock and start practicing "law" outside of the US.
The actual law wrote on Jul 14, 2007 9:25 PM:Hiring day labor without checking papers and without withholding taxes is VERY LEGAL. learn the law before you chime in
American Mike wrote on Jul 15, 2007 11:05 PM:Wow! Thanks for joining in the never-ending battle to maintain American rights, NCT. I'll pay for my dad's subscription he cancelled a while back. Boy, this is going to be great new for him. He sure misses his morning paper! Thanks again!
Miguel wrote on Jul 20, 2007 2:55 PM:To Christina....Hispanics are all "Spanish Speaking" cultures. Do you have some other definition that "Websters" should know about?
Worker wrote on May 18, 2008 7:23 AM:It's obvious the MM only want names so they can start trouble. I hope if any information is released the people that did hire laborers stockup with fire-arms so they can protect themselves from the MM. The MM do not need this information for any purpose at all! The least the MM can do is stand at the labor sites and volunteer to do the work themselves.It would be great if the MM actually did volunteer labor on a daily basis.The same goes for anyone who is anti-illegal immigration. GET A SECOND JOB AND/OR VOLUNTEER TO DO WORK INSTEAD OF JUST COMPLAINING AND PROTESTING!
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