Easy to pass when it's not your corner getting pissed on . . .

In a decision that could have a wide-ranging effect on other cities with similar laws, a federal appeals court ruled that a Redondo Beach ordinance aimed at cracking down on day laborers is an unconstitutional restriction on free speech.

The ordinance, which Redondo Beach officials said was needed to regulate traffic safety at two major intersections, barred standing on a street or highway and soliciting "employment, business or contributions from an occupant of any motor vehicle."

If you don't live in a border state, you may not know about the congregation of day laborers.  Permit me to explain.  Day laborers are largely, if not exclusively, Mexican males who congregate on street corners or in the entrance to parking lots of stores such as Home Depot and Lowes, looking to be hired for the day.  Let's say you've got a project and you need just brute labor to finish it, say a demo job.  Drive up in your pickup, hold up the number of fingers for the number of guys you need, or point to those you want (after all, if there is some young guy available, who wants the older veterano). 

While it is an easy way for the DIYer to hire Serfs For a Day, it comes with problems.  The guys are there all day - so that means they will block passage on the sidewalk or entrance, urinate and defecate in the area, and leave food waste and garbage, since facilities are rarely available (some communities in California, like Laguna Beach, have a designated day laborer hiring site, with a Port-a-Potty and trashcans maintained by the city with tax dollars).  I know from experience, driving into the parking lot of Home Depot on Edinger Avenue in Santa Ana, or the U-Haul place on El Camino Real in Tustin, I've had to wave away workers who immediately rush my car as I turn into the parking lot.  When I have my kids in the car, I get nervous and pissed when this happens.  To be fair, I don't like over-eager-to-serve saleswomen when I go clothes shopping, either.  The complaints in Redondo Beach also include comments and harassment by the men of any women walking by. 

Chief Judge Alex Kozinski mentions all this is his dissent:

But in a strongly worded dissent, Chief Judge Alex Kozinski called the decision "folly."

"The majority," Kozinski wrote, "is demonstrably, egregiously, recklessly wrong. If I could dissent twice, I would." He was joined in his dissent by Judge Carlos T. Bea.

Kozinski said the city appropriately tried to control a real problem that he said includes groups of men who "litter, vandalize, urinate, block the sidewalk, harass females and damage property."

"Nothing in the First Amendment prevents government from ensuring that sidewalks are reserved for walking rather than loitering; streets are used as thoroughfares rather than open air hiring halls; and bushes serve as adornment rather than latrines," he wrote.

Indeed.  Consider this:  when a group or individual wants to have a parade, demonstration, or march, oftentimes they are required by law to go and obtain a permit from City Hall.  Sometimes they are even required to pay a bond for city services, since it may require extra security, trash removal, etc.  This is constitutional.  Then how is it that the day laborers - and it is not unreasonable to presume that among them there will be those in the country illegally - have free rein with the First Amendment?

Assuming this is activity that is protected by the First Amendment.  Does it fall under business speech?  Because Los Angeles (Redondo Beach is a suburb of Los Angeles, fyi) is also trying to restrict giant billboards on the sides of buildings, calling them distractions and eyesores.  Really?  A pissing migrant is much more than that - it is a health risk.

Of course, Redondo Beach has codes against things like public urination (which is protected by the 1st Amendment if it's in a jar containing a Crucifix, it seems), or harassment of a sexual nature, but the problem is enforcing them - unless a cp sees it happen live and in living color, there is little that can be done.

So, what to do?  I agree with Andrew Breitbart - this is the age of the citizen-journalist.  Chances are your phone has a camera that shoots video or stills - use it.  Blogs like mine and all over the Internet are forums for information that the mainstream media does not report, whether intentionally or simply because they cannot be everywhere.  Report it, file complaints, be proactive.  And I offer this:  if you are uncomfortable having a public face, send them to me and I will post them here, or via my YouTube account, with your anonymity secure.