No ruling yet in day labor case

Judge Gregory Munoz heard oral arguments Nov. 16 in anti-illegal immigration activist Eileen Garcia’s lawsuit seeking to force the city out of the day labor business, and he is expected to hand down a ruling by early next week. The ruling, however doesn’t necessarily mean the suit will be finished any time soon.

Both sides have indicated an appeal is possible if the ruling doesn’t come down in their favor.

The suit, filed by conservative law group Judicial Watch on behalf of plaintiffs Garcia and husband George Riviere, aims to stop city funding of the Laguna Day Worker Center. The suit contends that municipal spending on the site illegally aids and abets illegal immigrants and is a waste of taxpayer funds.

“The city of Laguna Beach has an obligation to its taxpayers to not foster illegal immigration,” Candice Jackson, the Judicial Watch attorney, said.

The city’s attorney, Bob Owen, argued that the city only provides grants to a nonprofit organization — the South County Crosscultural Council which in turn manages the site. He also said the center is a public amenity open to anyone, not specifically designed to benefit illegal immigrants.

Parties on both sides of the suit came away from the hearing feeling hopeful they will prevail.

City Manager Ken Frank said indications he was getting from the legal team representing the city are positive. Jackson said she too feels confident in her side’s ability to win the case.

Jackson argued the Day Worker Center had no legitimate benefit to Laguna Beach and was therefore a waste of public funds. During the hearing, Munoz was less convinced of this line of reasoning, citing statements and stipulated facts filed by the attorneys that indicate otherwise. He did, however, have numerous questions pertaining to whether the city’s funding is legal on all fronts.

“I think it was a big victory for us that he will consider illegality,” Jackson said.

The ruling was scheduled to be made within a week of the hearing, but Jackson expects it to be closer to the early part of next week because of the Thanksgiving holiday.

Attorney Sterling Norris of Judicial Watch said he isn’t surprised Munoz is taking his time in considering a ruling. Munoz is a former president of the Hispanic Bar Association of Orange County, and Sterling said it may be embarrassing for him if his ruling is overturned in appellate court.

“I think they know we have the resources to appeal,” Norris said.

Frank said city officials aren’t sure if they would appeal the decision if it turns out in favor of Judicial Watch.

“We’d have to evaluate the decision and see what it said,” Frank said.

He said there are other avenues to pursue if the decision is against the city.

If an appeal seemed unlikely, the City Council could rescind the ordinance that disallowed day workers to solicit work elsewhere in town, which would put the city back at square one. That option would anger many residents, Frank said.

“The people here know what it was like before, and they don’t want to go back,” Frank said.

The city could also simply stop funding the site and walk away from it, allowing it to run without guidance.

“We could just walk away and let people just gather there. It would be a dirty place where people would pee in the bushes and do whatever they do,” Frank said.

Anti-illegal immigration activists see the case as a crucial battleground for stopping day labor centers nationwide.

“If we can prevail here we’re going to be able to shut them all down,” said Larry Culbertson, who was among the Garcia supporters who attended the hearing.

Garcia said she is confident of winning the case and that she sees more support from Laguna Beach residents.