Day laborers are claiming victory after the U.S. Supreme Court on Tuesday denied the city's request to reconsider a circuit court ruling that struck down its solicitation ordinance.
The law, which was overturned, made it illegal for day laborers to request work from motorists while standing on the sidewalk.
"We're very happy that the court has sided with workers, and sided with common sense," said Jorge-Mario Cabrera, director of communications at Coalition for Humane Immigrant Rights of Los Angeles. "The court rejected xenophobia and rejected arguments that have nothing to do with the very elemental task of looking for a job."
Thomas Saenz, President of the Mexican American Legal Defense and Educational Fund, reiterated those sentiments.
"We are very pleased," Saenz said. "We look forward to the many cities that have similar laws to repeal them as they are equally unconstitutional."
"It's disappointing, but not surprising," said Michael Webb, Redondo Beach city attorney. "Years ago they took 170 cases a year, now only about 70. … It's a numbers game."
Webb believes that the Supreme Court's decision to deny the case does not set any precedent, as they did not make any official ruling.
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"It's clearly not a situation that they're upholding it on its merits," Webb said. "You can't read into that."
Last December, Redondo Beach decided to appeal the 9th U.S. Circuit Court of Appeals' ruling, which stated that the law "regulates significantly more speech than is necessary to achieve the city's purpose of improving traffic safety."
Webb said that traffic was the main concern, adding that the law itself is in the city's traffic safety section.
"This really was a traffic and quality of life concern," Webb said. "It's a fairly benign law that we believe we enforced without infringing on someone's constitutional rights."
Cabrera disagrees.
"Redondo Beach will try to spin it to the way they want to," Cabrera said. "I can't recall a day when I've heard of someone being run over because they were looking for a job. Plus, they don't want to be run over by their potential boss."
The case began in 2004 when Redondo Beach arrested 60 day laborers (LINK TO THIS> http://www.nbclosangeles.com/news/local/City-Can-Enforce-Ban-on--96003659.html) in a sting operation.
Webb said that the city was merely assisting neighboring community Lawndale at their request and that no crackdown actually occurred.
"Those [reports] are just inaccurate," Webb said. "The city has been enforcing the law consistently since 1987."
After the arrests, the National Day Laborer Organizing Network and the Comite de Jornaleros de Redondo Beach (Redondo Beach Committee of Day Laborers) subsequently sued the city.
A U.S. district judge ruled against the Redondo Beach in 2004, but the decision was overturned in 2010 by a smaller panel of judges in the 9th U.S. Circuit Court of Appeals.
Ira Mehlman, spokesman for the Federation for American Immigration Reform, said that the decision to create such laws should be made by cities.
"Local communities should have control about what takes place on their streets," Mehlman said. "Our point of view is that the Supreme Court does need to resolve this."
As for what comes next for Redondo Beach, Webb said the city would take steps to repeal the law but still look at new options.
"We need to rescind that ordinance, and look at the next steps to address community complaints," Webb said.
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