Peeking Behind Street Solicitation Bans
On August 15 the Atlana Journal Constitution ran a story about day laborers soliciting work on streets in metro Atlanta. The Atlanta suburb of Marietta bans solicitation of "temporary employment" or the hiring of day laborers on the streets, sidewalks, parking lots, public property or public rights of way in the city. Neighboring Cobb County considered doing the same thing, but then "backed off, citing a recent federal court decision that struck down laws the town of Hazleton, Pa., had adopted to crack down on illegal immigration."
On the face of it, this makes no sense. The Marietta ban on street solicitation and the Hazelton ordinance that was struck down are apples and oranges. The Hazelton ordinance imposed fines on landlords who rented to illegal aliens and denied business licenses to firms that employed them. The main problem with the city's ordinance according to the court was that it was pre-empted by federal immigration law. See http://www.aclupa.org/downloads/Hazletondecision.pdf
By contrast, the Marietta ban on street solicitation does not single out undocumented workers, latinos, or any other group. Street solicitation for temporary employment by anyone is banned from public space in Marietta. This ban may be invalid, say for violating rights to free speech. But it would be for completely different reasons than those used to overturn the Hazelton ordinance. Cobb County missed the point.
Or did it? Bans on street solicitation enacted in the past 15 years are more likely than not intended to exclude illegal aliens from communities. Mostly latino immigrant day laborers standing on street corners soliciting work have become a most conspicuous indication of the amount of immigration the U.S. has experience over the past decade or two. Frustrated with perceived inaction by the federal government, some have turned to their local governments to do something about illegal immigration. Immigration policy per se is the exclusive province of the federal government. But regulating land use is not. Deciding how city streets, sidewalks, and other property gets used is a power enjoyed by local government.
The power to regulate land use can be used for legitimate ends. Cities engage in zoning to separate smoke belching factories from leafy residential neighborhoods. They enact rules of the road to ensure that traffic continues to circulate in a safe, yet expeditious, manner.
Its been said that when you have a hammer, everything looks like a nail. In this case one might say, even if you know it's not a nail, you'll use a hammer anyway if that's all you have. Localities are trying to control illegal immigration with the tools at hand. Many have turned to their power to regulate land use by banning solicitation of temporary work on the street. When asked, cities justify this by talking disingenuously about "safety" and "relieving traffic congestion." Cobb County was transparent. County officials knew the reason for banning solicitation of temporary employment had nothing to with traffic circulation, and everything to do with trying to be perceived as doing something about illegal immigration. Seeing Hazleton get its hand slapped after acting with the same motivation, Cobb County backed down.
Let's thank Cobb County for giving us a peek at the legislative intent behind recent bans on street solicitation.