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Laguna can keep funding labor site

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The city of Laguna Beach can keep funding its Day Labor Site.

Superior Court Judge Gregory Munoz on Monday ruled against plaintiffs Eileen Garcia and George Riviere in their lawsuit to stop city funding of the facility on Laguna Canyon Road.

The suit, filed Oct. 3, 2006, aimed to stop the city’s funding of the center, claiming it was both a waste of taxpayer funds and illegal for serving undocumented workers.

Munoz’s ruling says there is no evidence to support either claim.

The site was established by the Laguna Beach City Council in 1993 and allows day workers to solicit work from contractors. The city took the action to stop nuisances caused when workers looked for work on North Laguna streets.

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The ruling says because those nuisances have stopped since the center was opened, there was no waste of tax money.

“There is ample evidence that a public benefit was provided,” the ruling reads.

The ruling also states the plaintiffs failed to provide evidence of the city doing anything illegal by funding the South County Crosscultural Council, which runs the center. The city provides an average of about $22,000 to the council.

The operators of the center do not require those seeking work to prove they are legally entitled to work in this country.

Judicial Watch, the conservative law group that took up the case on behalf of Garcia and Riviere, argued Laguna Beach violated federal immigration laws by providing services to illegal immigrants.

Munoz ruled the city does not have constructive knowledge of aiding illegal immigrants.

Attorneys filed written arguments and counter arguments. They gave oral arguments in front of Munoz Nov. 16.

Attorney Bob Owen, who represented Laguna Beach in the case, said he wasn’t surprised by the ruling after he saw Munoz’s reaction to the oral arguments in court.

“I’m happy about it,” Owen said. “But I wasn’t especially surprised.”

The ruling doesn’t spell an end to Garcia’s suit, however.

Attorneys from Judicial Watch have indicated they plan to appeal the verdict.

Garcia is of two minds about the decision.

“It would have been nice if this judge had ruled in our favor, but all along we have been expecting to go to the next higher court,” Garcia said.

The higher the case goes in court, the more exposure it will bring to the issue of illegal immigration, which would be positive for Judicial Watch, Garcia said.

“I’m excited because the higher the court, the bigger the decision, the more it affects the issue,” Garcia said.


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