A Constitutional Dilemma for Cities Seeking to Regulate Day Labor Solicitation

Authors

Monica Smith

Abstract

In 2011, the Ninth Circuit invalidated a Redondo Beach municipal ordinance that prohibited individuals from standing on streets or sidewalks and soliciting work, business, or contributions from passing vehicles. The court determined that the law was a facial restriction of speech that did not advance the achievement of the city's stated interest.

This note examines the unsettling gaps in the law as a result of the decision. Although undoubtedly a victory for day laborers, the court's holding potentially precludes any future statute seeking to legitimately regulate such day labor solicitation. Unless crafted with tremendous care, there is a strong likelihood that new legislation will fall victim to the First Amendment's overbreadth doctrine or the Equal Protection Clause.

Recommended Citation

Monica Smith, A Constitutional Dilemma for Cities Seeking to Regulate Day Labor Solicitation, 40 Hastings Const. L.Q. 119 (2012).
Available at: https://repository.uclawsf.edu/hastings_constitutional_law_quaterly/vol40/iss1/3