Judge stops Oyster Bay day laborer ordinance

A federal judge has issued a temporary restraining order stopping the Town of Oyster Bay from enforcing an ordinance that targets day laborers.

U.S. District Judge Denis R. Hurley said the ordinance, which restricts activity aimed at seeking work on public streets, is too broad and could ensnare people besides day laborers.

"This statute, and what it attempts to preclude, is not finely tailored to the situation," Hurley said at a hearing in federal court in Central Islip. "It raises constitutional concerns."

Corey Stoughton, an attorney representing two groups that mounted the lawsuit, said, "We're very pleased the court did the right thing."

Town Supervisor John Venditto said the town is weighing its options. In an interview, Venditto said he was "very disappointed with the outcome" but respected Hurley's decision.

The restraining order will be in effect at least until May 28, when a hearing on a preliminary injunction is set to take place.

The New York Civil Liberties Union filed the suit on Tuesday on behalf of Centro de la Comunidad Hispana of Locust Valley, a Latino advocacy group, and the Workplace Project, a Hempstead-based nonprofit.

It challenged an ordinance Oyster Bay's town board passed last September in response to complaints about traffic and safety in Locust Valley, where many of the town's day laborers look for work. The ordinance bans anyone using town streets to make themselves available to work.

Hurley agreed with the town's argument that the actions of day laborers looking for work fall under "commercial speech" - protected differently from regular speech - but said the law could have unintended consequences. "Its scope is considerably broader than necessary to achieve its intended goal," he said.