COSTA MESA : Ruling on Daywork Law to Be Appealed

The city will appeal an Orange County Superior Court decision that struck down a portion of its ordinance prohibiting dayworkers from going to certain areas of the city with the “intent” to solicit work.

The City Council voted 3 to 2 in closed session this week to appeal Commissioner Ronald L. Bauer’s ruling last month that the provision was “overly broad and vague and impinges on expression of speech.”

City Atty. Thomas Kathe said the appeal would be drawn up by Los Angeles attorney Michelle Vadon-Rivera, who represented the city against the lawsuit filed by the American Civil Liberties Union.

Councilwoman Sandra L. Genis estimated before the Monday night meeting that the city has spent close to $100,000 defending the policy, and predicted it would not win an appeal. She said she would be against further court action in the matter.

The vote was taken in closed session. The results were announced after council members emerged, but who supported and who opposed the legal move was not disclosed.

Costa Mesa last year identified three areas that draw the heaviest concentrations of dayworkers and added a clause to its existing anti-solicitation ordinance prohibiting people from being within 300 feet of those sites with the “intent” to solicit employment from the occupant of a motor vehicle.

The ACLU sued the city to stop enforcement of the provision, arguing

that it is vague and violates freedoms of speech and assembly guaranteed under the First Amendment.