Antonovich Seeks Curbside Ban on Job-Seekers in County Areas : Laborers: The proposal is modeled after an Agoura Hills law. L.A. Dist. Atty. Gil Garcetti says he will not enforce it.

Buoyed by the success of an Agoura Hills law banning curbside job solicitation, Los Angeles County Supervisor Mike Antonovich wants to make it illegal for day laborers in unincorporated areas to seek work from passing motorists.

The proposed law is modeled after the Agoura Hills ordinance, which survived a legal challenge by the American Civil Liberties Union and a coalition of immigrants-rights groups last month. It would make curbside job-seeking a misdemeanor punishable by up to six months in jail and/or a $1,000 fine.

But before Antonovich has even taken his proposal to the Board of Supervisors, the county’s top prosecutor said he will not enforce such a law--for two reasons.

“We have limited resources,” Dist. Atty. Gil Garcetti said. “Not only that, but it would be difficult for me to prosecute someone for simply trying to get a job.”

Garcetti added that his office will continue to prosecute day laborers who violate existing laws, such as urinating in public.

Garcetti’s opposition to Antonovich’s proposal may dissuade one key supervisor, Chairwoman Yvonne Brathwaite Burke, from supporting the measure when it comes before the board Tuesday.

But Burke, who probably will be the swing vote, is also under strong pressure to adopt the law from homeowners in one part of her district: the Ladera Heights neighborhood north of Inglewood. Two years ago, those homeowners helped Burke win a narrow victory over state Sen. Diane Watson.

“She better not vote against it,” said Ronnie Cooper, president of the Ladera Heights Civic Assn., “or she’ll be sorry.”

Burke said she has not made up her mind about Antonovich’s proposal, but is leaning toward opposing it, partly because the ACLU has vowed to challenge it in court.

Supervisors Gloria Molina and Ed Edelman probably would vote against it, while Supervisor Deane Dana may support the prohibition, their spokesmen said.

“I support the concept, but I’d prefer to see it reach some sort of legal resolution first,” Burke said.

A spokeswoman for Antonovich said the April 28 appellate court ruling that upheld the Agoura Hills measure may help the supervisor’s ordinance overcome any new legal hurdles.

“It’s one of those things where there’s never a perfect time,” Lori Howard said. “So, why delay?”

The 2nd District Court of Appeal ruled that Agoura Hills has the right to regulate the activity of day laborers as it relates to local traffic safety standards. The city blamed a day laborer’s death on the traffic disruption caused by men rushing up to vehicles and contended that the law was necessary to prevent additional traffic accidents.

Antonovich’s motion lays out the same rationale for the county ordinance.

Residents in Ladera Heights and many other communities throughout the county regard the throngs of job seekers, many of whom are Latino immigrants, as dangerous and unsightly. In response to their concerns, Burke last year proposed a law similar to the Antonovich proposal and the Agoura Hills measure.

But the board ended up passing a much weaker measure in March, partly because the state appellate court had yet to rule in favor of Agoura Hills.

The county measure now in effect allows day laborers to continue soliciting work everywhere but commercial parking lots where owners have posted signs prohibiting the practice. The Ladera Heights homeowners had hoped that the parking lot owners would set aside specific areas of their property for the employment seekers, but so far none have even gone as far as posting signs prohibiting job solicitation anywhere.

“The ordinance hasn’t made any difference--in fact, more day laborers have come and their behavior has deteriorated because they’re not under the threat of a strong ordinance,” said Cooper of the Ladera Heights Civic Assn. “I’m with Antonovich--we need a stronger law.”

*

But the ACLU has vowed to challenge the law proposed by Antonovich in federal court if the supervisors adopt it, arguing that it would violate speech, assembly and travel rights guaranteed in the state and federal Constitutions. The group also is considering appealing the Agoura Hills case to the California Supreme Court.

“These laws completely ignore the rights of a group of people to express themselves in a way that’s necessary to their survival,” ACLU attorney Robin Toma said. “If we were talking about a group of white Americans who were recently laid off, things might have gone differently.”

But Cooper denied that race is a factor, saying that Ladera Heights is a multiracial neighborhood. And she dismissed Garcetti’s refusal to prosecute violators if the law passes.

“We don’t need him to prosecute it,” she said. “We need the clout of the law so the Sheriff’s Department can harass them and get them to leave.”