Escondido upbeat about possible day-labor restrictions

By: DAVID GARRICK - Staff Writer
But City of Orange laws might not work well locally | Wednesday, February 20, 2008 12:25 AM PST

Day laborers wait along Quince Street Tuesday afternoon.
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ESCONDIDO -- City officials said Tuesday they have been impressed by the early success of new day-laborer restrictions in the city of Orange, but they also warned that those laws might not be a perfect fit in Escondido if the city decides to adopt similar legislation.

An advocate for immigrant rights reiterated his opposition Tuesday to Escondido's plans to make it illegal for day laborers to solicit motorists from public sidewalks, saying that cities should not be enacting laws to address federal problems such as illegal immigration.

"These attempts by cities underscore the need for comprehensive immigration reform legislation," said Bill Flores, a spokesman for El Grupo, an umbrella group of civil rights organizations. "Without such legislation, cities have been left to their own devices."

Flores also criticized the Escondido City Council majority for repeatedly proposing legislation that attacks illegal immigrants in a "misguided" and "divisive" way.

City Attorney Jeff Epp said that he and his staff have spent two months studying the laws passed by Orange, which is about 30 miles southeast of Los Angeles. They began that research at the request of Councilman Ed Gallo, who contends that Escondido should adopt similar laws.

Gallo said the laws would help make the city safer and more orderly, and the rest of the council has agreed that the city has a problem with day laborers.

Epp said it is a good sign that no one has legally challenged the Orange restrictions since they went into effect Jan. 11, and city officials from Orange said the new laws had dramatically reduced the number of day laborers soliciting work on public streets.

But Epp said the Orange laws would probably not work well on Quince Street, where most of Escondido's day laborers congregate, because parking is allowed on some portions of the street. Parking would have to be prohibited along the entire street, Epp said, so that drivers who pull over to pick up laborers could not say, convincingly, that they were simply trying to park.

Escondido might also be more susceptible to lawsuits than Orange, Epp said, because the records Escondido has kept of its problems with day-laborer solicitation are far less extensive and complete than those kept by Orange.

"An extensive record of the problem is helpful when the court evaluates how closely a city's legislation meets the problem they are trying to address," said Epp.

On the other hand, Escondido's day-laborer hiring hall at Quince Street and Washington Avenue would help against any court challenges, Epp said, because it shows that the city has made concerted attempts to solve the problem before passing any laws.

For cities to successfully control day-laborer activity, they must devote significant police resources to enforcing any laws they pass, said David DeBerry, city attorney for Orange.

"(Our new laws) have gone very well so far, but the question always boils down to how much effort the city is willing to make in enforcement," DeBerry said Tuesday. "We've seen a drop from about 150 to 200 laborers down to 20 or 25 at our most problematic intersection. But the problem will ebb and flow based on enforcement."

DeBerry said "a few dozen" citations have been issued during the six weeks since the new laws took effect, but he said the city's success has been based less on the citations and more on an expanded police presence at day-laborer hiring spots and an aggressive education campaign that preceded the new laws.

Day laborers in Orange face fines of $250 for a first offense, $500 for a second violation and $1,000 for a third incident. DeBerry said the actual amounts paid are a bit higher because the court charges extra fees for processing misdemeanors.

The Orange laws are carefully crafted to target aggressive solicitation, said DeBerry. Sign twirlers are not illegal because they are not soliciting someone to hire them, and Girl Scouts can wave people into car washes if they have permission from the owner of the car wash facility, he said. The laws do apply to people selling roses or fruit along the street, he said.

Cities across California have wrestled for many years with problems created by day laborers. Vista adopted an ordinance in 2006 that forces people who hire day laborers to register with the city.

Epp said the city has closely watched the legal challenges to Vista's law and also studied laws passed by Glendale and some cities in Arizona. But he said the Orange laws appear to have the most potential for Escondido.

Several groups have threatened to sue Orange over its new laws, but no one has filed any lawsuits so far, said DeBerry.

Gallo said Tuesday that the lack of legal challenges has bolstered his confidence that the Orange laws can work in Escondido.

"The crucial thing is to craft an ordinance that is lawsuit-proof," said Gallo. "And it looks like we are getting close."

Epp said it would be several months before the council is presented with any day-laborer ordinances because his staff has been focused more on overnight parking restrictions the council wants to enact.

-- Contact staff writer David Garrick at (760) 740-5468 or dgarrick@nctimes.com.

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41 comment(s)[-]Go to Top

Tim wrote on Feb 19, 2008 10:08 PM:Get any and all laws to rid the city of these illegals from soliciting work, the illegals should not be in this country and are taking away work from people that came here the legal way. Why should we respect their "human rights" when they don't even respect our laws and our human rights. I still see ladies of the evening getting tickets and hauled off to jail for soliciting for work, heck they even have sting operations for them. What's not legal for one group, is not legal for another. There should be no favoritism and especially not for anything illegal. What part of ILLEGAL do these groups not understand. Go down to mexico and stand up for their human right down there!

anotherview wrote on Feb 19, 2008 10:13 PM:Another band-aid. If truly serious about ending the presence of illegal aliens who affect public safety, then the elected city officials would mandate the cooperation of city police officers with federal authorities, to identify and detain illegal aliens for their due deportation. After all, illegal aliens have no right to live and work in America. By enforcement of the law, America can free itself of illegal aliens, and will prosper all the more.

Human wrote on Feb 19, 2008 10:41 PM:First, if the Feds have failed (which they have) why not have local govt take on the fight.

Second, there is no good reason why the Border Patrol isn't rounding these folks up daily and deporting them. That would be a much better use of resources than simply standing in the middle of I-15 and I-5 and waiting for the stupid one's to actually try to go by when the post is being staffed vs. waiting until it's closed - which is at least 50% of the time. Be proactive about it. Period, end of story!

Dennis wrote on Feb 19, 2008 11:24 PM:About time. Don't say we got to make Changes to fit Escondido. If it works in ARZ. If it works in Orange, it will work here too!! Don't cave into terror by them. The little piture is cute, try the other side of the street, from Starbuck's thru out the swapmeet alot of dirty stuff goes on, that they make bathrooms for. I,ve been cussed and hooted at, but I do it right back. I'm a bad boy I don't reccomed my method for anyone. I fight terror with terror. Please don't cut my post because you haven't had to walk in that area around 7:00 to 10:00 am.

Escondodo wrote on Feb 20, 2008 3:24 AM:If we are serious about comprehensive immmigration reform, we need to impress that on those who aspire to replace 'open-borders Bush.' After this attempt fails again, we locals will have to stay the course and continue to work on the problem in any way that we legally can.

equal wrote on Feb 20, 2008 6:07 AM:I hope this includes those bums on the freeway offramp begging for money.

Jaque wrote on Feb 20, 2008 6:15 AM:Quince street? Has anyone been the Home Depot on Easy Valley lately? Explain that to your kids as I had to last Monday. If they can "solicit" work, why can't any and all people go out and beg for your mercy (and your money)? Skid row? Tijuana?

I support ANY law wrote on Feb 20, 2008 6:58 AM:that will get rid of these leering men standing around our streets in Escondido. I can't even drive into the Starbucks on Mission and Quince without being approached. It is DISGUSTING!

Concerned-1 wrote on Feb 20, 2008 8:23 AM:Here's an idea: don't hire day laborers unless they prove they are legal. But, I guess for some that is like just saying no to drugs.

Bullet Proof wrote on Feb 20, 2008 9:38 AM:The majority of tax paying citizens want to see cities enact their own laws to provide public safety where illegals soliciting along dangerous streets is concerned. The federal government hasn't been interested in addressing the issue, so cities, counties, and states are forced to by the feds inability and failure to deal with the problems illegal day laborers soliciting for work causes. If the Orange laws are bullet proof, we should enact them in Mexcondido. It is a public safety issue as much as it is a violation of the law.

RG wrote on Feb 20, 2008 9:58 AM:You can always depend on Bill F. to stand in the way of cleaning up this city by getting rid of illegals. He and others like him that say something like "leave immigration problems to the feds" knowing full well the feds are doing nothing and that of course, is what these "immigrant rights" people want. Was he really in law enforcement??? Hard to believe.

To I support ANY law wrote on Feb 20, 2008 10:16 AM:I'm a woman who drives into Starbucks with my kids, and no one has apporached me. They look over, I keep going and that's it. They don't actually "bother" me, but I'm NOT condoning the illegal behavior that got them into the country. Being from the NYC, I've never seen people standing out on our city streets looking for work. I've seen people out in the streets of NY, begging for money, stealing, urinating, deficating, having sex, sleeping, etc, but never begging for work. I'm not saying that ANY of it is ok, but I just wanted to say that not everyone looking for jobs approach in a manner that the poster previously seemed to imply AND that it's much better that they are actually looking for something do to earn money rather than like back in NYC where people (citizens) will rob you blind or kill you for you money, jewelry, clothes or just because you looked at someone wrong. I'll repeat, I'm not saying being illegal is ok, nor am I saying the Escondido should become like NY, rather I think the poster was exaggerating a perceived threat.

RE: CITIES SHOULD NOT BE ENACTING LAWS TO ADDRESS FEDERAL PROBLEMS SUCH AS ILLEGAL IMMIGRATION. wrote on Feb 20, 2008 10:24 AM:This is the only argument these illegal invader advocates ever use, oh besides the race card. I guess since it's supposedly a federal issue, states should be expected to just ignore the problem until the invasion is complete and there's nothing left to fight for.

Bank robbery is also a federal crime, but I don't suspect the local police would be asked to stand idly and let a federal thief escape into the cover of darkness.

Hombre Viejo wrote on Feb 20, 2008 11:18 AM:You don't want to believe this but I will warn you anyway. If you do not put a stop to the day laborer loitering and solicitations now, it will become more forceful as time moves ahead. One day you will need to be armed to defend yourself citizen.
Your Federal Government has no resources to defend you locally against the hordes of needy people invading you from the south. Your defense and the quality of life is your responsibility...

Skip wrote on Feb 20, 2008 11:23 AM:OK, just for a moment, let's say that the State of California decided to give driver's licenses to Illegal Aliens. Now, what insurance company in their right minds would sell insurance to them, and if they did at what price? Does anyone actually think that Illegal Aliens would qualify for insurance at a price as low as Americans? Then you have another problem. Since uneducated and underemployed people make less money, how would they ever be able to afford to buy insurance, and will they check the box on the form that says "ILLEGAL ALIEN"?
Keep up the check points. It does not matter how many cars are impounded, the unlicensed drivers will eventually get the message. If we cave now, then we might as well give up. Remember this is about public safety and the uninsured.
A person’s race or legal status is not at issue here. NO LICENSE AND NO INSURANCE EQUALS NO DRIVING A MOTOR VEHICLE. Period, End of Story.

Here's the solution!! wrote on Feb 20, 2008 11:32 AM:Mr. Flores, I continually read about your support of illegal aliens in our community along with the claim that these mens are harmless etc.

So... here is the solution. Invite the men to stand in your front yard and of course allow them to use your restroom, so they won't be using your bushes like they do when they are standing on the street.

Problem solved- Are you in?!!

Caltrans says wrote on Feb 20, 2008 11:37 AM:That it has safety concerns over MM picking up trash on the Freeway. Well, I do believe it is a HUGE safety problem to have these day laborers waiting around at curb sites. I can't count how many times I have seen drivers make sudden stops on Busy roads to pick up these laborers and the laborers are always running out into the streets and jay walking. It is a huge safety issue to have DL out on our streets. Not to mention the fact that we are finding out that some day laborers have some criminal back ground issues that we never experienced in the past.

Concerned-1 wrote on Feb 20, 2008 12:08 PM:People have sex in the streets of New York City? No wonder they call it The Big Apple!

AResident wrote on Feb 20, 2008 12:21 PM:There is one very interesting point that we should bring up.
I'm not for illegals, but where are all the White, Black and Chineese workers gathering?

Do we only have Mexican's that are looking for work?

Are the Whites gathering some where else?

Are the Mexicans the only un-employed people in Escondido?

Very interesting.

Blah Blah Blah wrote on Feb 20, 2008 12:22 PM:Dear Tim- Just to let you know...Not all immigrants come from Mexico. There are some from other countries also. It's amazing that you generalize people into one category. Next time you should refer to them as immigrants, maybe even people. The last time I checked, "illegals" could describe lots of things not just undocumented individuals. Oh and the next time you go pick lettuce in a field for less than minimum wage, call me, I'd love to see it. You're a whiner and you know you would never do the jobs these individuals do. Good luck.

From Esco wrote on Feb 20, 2008 12:41 PM:Where do I begin? I agree, let's round them up and deport them. Immediately. I could leave it at there ... What is that a threat? I have absolutely no problem with people coming over from Mexico and becoming citizens; paying taxes, obtaining drivers licsences and paying for insurance JUST LIKE I DO. Ever heard the saying "EQUALITY; EXPECT NO MORE OR LESS" ?? Think about it. Why should illegals get special privelages?

PS I hear you on the Mission & Quince Starbucks - it is out of hand

Eh hem...Starbucks wrote on Feb 20, 2008 1:09 PM:to post 2/20 10:16am, The day laborers on Quince DO approach women coming out of the Starbucks driveway. I stopped going there after complaining to the management (just to let them know why) that it's happened more than a few times to me and another gal I work with. They don't just wave at you. I've had them come right up to the window and bang on it, while standing in the way of my view of oncoming traffic so I couldn't just pull out onto the street. Another time last summer, one guy tried to reach into my passenger window (it was opened just a crack) while motioning for me to roll it down. Whoever says they're soliciting work needs to realize that's not the only thing they're doing out there. How does a woman pulling out of the Starbucks drive-thru look like an invitation for a day laborer to approach?! They've got to GO!

Matt wrote on Feb 20, 2008 1:25 PM:This is insane, that so called rights activist is totally cookoo. He says illegal immigration is a federal problem ... it is not!!! He must be on drugs, he also says there should be laws to protect them, forget that, we should only make one law, they come illegally, they should be taken and thrown back. They want to migrate here, fine, but go through the legal channels, in a civilized manner. Not hop over the border and expect handouts. Escondido, enforce the law to the fullest, don't waste anytime, they don't deserve any rights, they have no rights if they are here illegally. Don't tip toe throught the tulips with these criminals. They are here to destroy our way of life, they just want to get back at us. They are abducting US citizens and stealing there money, if any citizen went there, they just end up dead.

color me surprised.... wrote on Feb 20, 2008 2:31 PM:I'm surprised that this article drew any comments. Wow

Jesse wrote on Feb 20, 2008 2:42 PM:I'd like to know why I can't rob a bank, as long as I don't physically hurt anyone and then have the cops just look the other way? Because it's illegal? I could use the excuse that I'm just trying to improve my living conditions...or feed my family. So why can't I?

To Bill Flores wrote on Feb 20, 2008 3:32 PM:

Bill Looks like you are the Lone Ranger on this blog!

MAX wrote on Feb 20, 2008 3:56 PM:You can bet your bottom dollar that the ACLU is monitoring this silly grandstanding by the little, local politcos. Escondido and Vista have been spanked before by the ACLU for illegally usurping Federal authority and both cities pulled in their horns and slipped away into the night. Now we have more of the same popping up. It won't work now any more than it did before. Mark my words.

Karl wrote on Feb 20, 2008 4:13 PM:Max, did you read the entire article? It says the City of Orange has not been legally challenged.

Do something! wrote on Feb 20, 2008 4:48 PM:Why don't some of you brilliant bloggers go out there and do something about the problem? What are you really doing about it? I feel that most americans are cowards that wait for the gov't to do nothing at at all, and then just cry about it on these comment boards. Get out there with signs and megaphones and scare them out of escondido. I for one at least educate alot of them on how to assimilate. Show us something people!

Karl wrote on Feb 20, 2008 6:17 PM:To "Do Something" I have a legal licensed citizen mowing my lawn. I also am a General Contractor who hires only legal citzens as far as I know.

PedroG wrote on Feb 20, 2008 6:41 PM:Legalize them all. If the problem is with illegals and there is no race issue at all, make them legal. Then thay could pay taxes and social security and get drivers licenses and insurance just like you. Make them legal and there will be no more problem.

To "color me" wrote on Feb 20, 2008 7:44 PM:Any article that has the words "illegal", "hispanic", or "day-labor" gets a ton of response here. It doesn't have to be "about" anything, as long as it incites conflict and brings in commentary - such as it is.

To blah blah blah wrote on Feb 20, 2008 8:02 PM:Immigrant is different from illegal alien, an immigrant is here legally. I would love for you to count just 5 illegal aliens from other countries combined who contnually loiter on the street for work, and also if they're supposed to be picking strawberries and lettuce why are they loiterring on the streets and not in the field working. It looks like there is a surplus of these workers, that means we don't need them here illegally.

rich wrote on Feb 20, 2008 11:39 PM:Funny, you can hire boni-fide day labor on the same block. Its called "labor ready". But its easier and cheaper for these guys hiring to pick up help without filling out paperwork, paying taxes and unemployment. As long as there is a demand for anything, legel or not, there will be a supply. ie drugs, hookers, workers, etc. Eliminate the the demand for illegal workers but not hiring them and they will disappear. Continue hiring them and and they will be there. No legislation will stop the suppkly of illegal workers if people continue to hire them. Period

MCC wrote on Feb 21, 2008 12:00 AM:We need to do something NOW. I live in north Escondido, I don't go into town unless absolutely necessary. I don't like driving when necessary down Quince and Washington. I feel uncomfortable and unsafe. I'm a legal citizen, why am I the one who feels like this! This is our country and we need to take it back. Do you all understand that what is south of the border is coming to our town?? If our President can't fix the problem then our local authorities need to do something NOW. Round them up and send them back, they are more than welcome to come here to work, hang out on the street corner AFTER they have become a citizen!! Why do we all keep talking about this?? And for the person who wants everyone here on this blog to do something, what the heck do you think we should do, gather them up and take them back?? We'd get arrested for breaking some stupid law or the advocates would stop us from doing so!! Escondido, this town is a mess, fix it!! I'm staying away!!!

Greg in Oceanside wrote on Feb 21, 2008 3:32 AM:I agree with RG and expected Bill Flores to stick his nose into this. I'm wondering where Enrique Morones is? Oh, I forgot, he's marching to inspire Latinos to get out and vote for the Democratic presidential candidate who will best serve their needs and who'll open the border and support immigration reform (aka amnesty). Let's hope the City of Escondido goes through with day-laborer restrictions and that other cities follow their lead. Sooner or later illegal aliens will get the message and self-deport themselves back to Mexico.

Scott wrote on Feb 21, 2008 7:21 AM:This is just another step. Remember people. The problem with illiegal immigration did not happen over night. It took a long time for it to escalate to where it is today. So solving the problem is not going to happen over night either. We need to keep chipping away. Weather it's putting new laws for day laborers, putting up a border fence, etc... They are all steps in the right direction and they are all things that need to happen before the problem of illiegal immigration can be solved. Just keeep chipping away and fighting the good fight.

Old Lady In Downtown Esc wrote on Feb 21, 2008 8:39 AM:My praise to Councilman Ed Gallo who continues to try and clean up Escondido and make it a safe place to live again. Most of the illegal aliens who are in Escondido are Mexicans. Some of the most violent criminals at large today are illegal aliens. Their large numbers in Escondido terrorize me and I no longer feel safe in my own home town. Hispanic advocates try to blur the distinction between a legal and an illegal resident by asserting that differentiating the two is an act of irrational bigotry. I am outraged by that lie. The non-enforcement of immigration laws in general has had a destructive effect on our city and decreased our property values. The illegal immigrant population has grown so large that some public officials are terrified of alienating it, even at the expense of ignoring the law and tolerating violence. Certainly fear of immigration officers is not in evidence among the illegal day laborers who hang out on our streets. I support Ed Gallo and the other city officials who continue to try to clean up our city and make it a safe place to live again.

sandiego wrote on Feb 21, 2008 9:49 AM:Is Interfaiht still doing the Day Labor Program? This could be on of the problems on Washington and Quince.

Educated alien wrote on Feb 22, 2008 12:34 PM:There i no worst blind than the one who does not want to see.

Perhaps American citizens should stop for a while to think about how they're lifestyle is directly responsible for poverty around the world; the reason why people is forced to come here" illegally". Only then they'll become humanized themselves and understand that "compassion" and "humanitarian help" are not enough.

Supporting dictatorships in the third world, just so they'll be friendly to US business so they can continue plunder our natural and other resources has its consequences, one of them is "illegal immigration.

Everything america enjoys had to come from somewhere, or do you believe it all fell from heaven??

Ignorance is not a blessing

to Educated alien wrote on Feb 25, 2008 8:05 AM:You just proved how bad our education system is. What pathetic high school gave you a diploma?

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