Oyster Bay sued over day laborer ordinance

A Town of Oyster Bay ordinance targeting those who solicit work on local streets faces a federal court challenge by two groups that say it violates free-speech protections and singles out Latinos.

The New York Civil Liberties Union filed the suit Tuesday in federal court in Brooklyn on behalf of Centro de la Comunidad Hispana of Locust Valley, and the Workplace Project. The suit, which follows weeks of failed negotiations toward a compromise, accuses Oyster Bay and Town Supervisor John Venditto of unfairly caving to complaints from residents about day laborers. The plaintiffs are asking the court to declare the law unconstitutional.

The town board last September approved the ordinance, which imposes a $250 fine on day laborers waiting for work or employers looking to pick them up.

A preliminary hearing on the lawsuit is expected this afternoon.

Advocates say day laborers, many of whom live in Locust Valley, have no other way of supporting their families. But some residents have complained that laborers standing on the side of the road pose a safety risk and also give visitors a bad impression.

The law prohibits any behavior that announces someone is available to work, including "waving arms, making hand signals, shouting to someone in a vehicle, jumping up and down" and "waving signs."

So far, the town has used the law to target employers and not workers. It has given out 30 notices to employers, but no citations, which would be issued only to repeat offenders.

Luz Torres, of the Centro de la Comunidad Hispana de Locust Valley, said the ordinance "is breaking the liberty of day laborers to be able to work, to send children to school with the right nutrition, to pay rent."

But Venditto, who is also named in the suit, has defended the law as necessary to protect public safety and control traffic. He said it helps both residents and workers. "They're being exploited by overreaching employers, who are putting them in unsafe working conditions," he said.

Both sides agree on the need for a hiring hall where day laborers can wait for work. But they disagree on whether a hall in Oyster Bay should immediately also offer English-language classes and other services. Venditto also said he would agree to a hiring hall if it serves only U.S. citizens or immigrants "on a pathway to citizenship," though he said the town could apply that term broadly to anyone seeking information on how to become a citizen.