Cloudy outlook for site

Day laborers seeking jobs could once again take to the streets if a court ruling prevents the city from using taxpayers’ money to fund the hiring center on Laguna Canyon Road, the Laguna Beach city manager said.

The national group Judicial Watch filed suit in October 2006 on behalf of Eileen Garcia and George Riviere, who seek to stop the use of city funds for the site, arguing the funds aid illegal immigrants in violation of federal immigration law. Oral arguments in the case are scheduled for today in Santa Ana Superior Court.

“The city’s use of taxpayer resources to operate the center brazenly ignores federal law proscribing the employment of illegal aliens,” the suit states.

If the suit succeeds, the city’s options are limited. They include appealing the decision, designating another site, or rescinding the city ordinance that stipulates the present location of the center in the canyon.

“If we rescind the ordinance, the day workers can congregate wherever they want on public property,” City Manager Ken Frank said. “Damn stupid.”

Complaints by North Laguna residents about the disturbance of neighborhood tranquillity by the job seekers and potential employers led to the city’s decision to provide the canyon site. The Crosscultural Council subsequently took over the operation, funded annually by a city grant and private donations.

“The courts have ruled that it is a 1st Amendment right to offer services for hire and contractors have the right to hire and can do it in public places.”

In fact, it might be possible for the present site to continue, but not as effectively or hygienically, Frank said.

“If we take away city funding and don’t provide the port-a-potties, you would just have the hiring site with no facilities, no organization and no regulation,” Frank said.

City Attorney Philip Kohn said Wednesday it would be premature for him to comment.

“This is about funding “” not about the site, which could continue with private funding,” said Laguna Beach attorney Eugene Gratz, who represented the Crosscultural Council for the purpose of taking depositions in this litigation. “I am sure there are a substantial number of residents, like me, that would come up with the minuscule amount of money that the city provides.”

The City Council approved in the 2007-08 budget a $22,000 Community Assistance Grant for the Cross Cultural Council, which had asked for a total of $24,000, $2,000 for its La Playa Center and $22,000 for the operation of the day labor center.