Editorial:

Costa Mesa City Hall made the right call last week in suspending a 5-year-old ordinance that prevents solicitors from aggressively courting motorists.

But the reasons for the moratorium appear to be more practical — a similar law in Redondo Beach is being tested in the 9th Circuit Court of Appeal — than they do philosophical. Regardless of what happens in Redondo, we hear that some on the Costa Mesa City Council want to review the merits of the law, and we hope they do.

For those who haven’t been keeping score, Costa Mesa’s controversial law faces a challenge in federal court from the Tonantzin Collective and the Assn. of Day Laborers of Costa Mesa, which have considerable legal muscle, the American Civil Liberties Union and the Mexican American Legal Defense and Education Fund, on their side.

But there is little reason for the city to spend more in legal fees defending its policy until the Redondo Beach case plays out. So suspending the law makes practical sense.

Our ultimate concern, however, is the spirit of the law itself. As written, the ordinance tap dances on a fine line between keeping the public safe and muzzling free speech.

The law states, “It shall be unlawful for any person to stand on a street and actively solicit employment, business or contributions from any person in a motor vehicle traveling along a street.” The key words are “actively solicit,” meaning the law bars those looking for work or customers from jumping up and down, waiving their arms, shouting or twirling signs in pursuit of employment — even on publicly owned sidewalks. The law can be enforced against laborers, homeless people and licensed business people alike.

Is what solicitors do distracting? It can be. Is it annoying? Sure. But should it be illegal? Not in our view. Free speech, whether it’s in pursuit of earning a living or earning votes, is the most sacred of American rights.

There is another side to all this, and it warrants careful and respectful consideration. City officials in support of the law have said the behavior of solicitors can be so distracting it poses a safety threat to drivers and pedestrians.

The goal of the law, in their view, is vehicular safety, and in this era of distracted driving, they have a point. But the California Vehicle Code and other state laws largely addresses those concerns by regulating driver and pedestrian behavior.

We want laws that keep roads safe, too, providing they do not run over the 1st Amendment.