Day laborers hold press conference to announce a lawsuit against the city, Feb. 2, 2010.

Day laborers in Costa Mesa are suing the city to repeal its anti-solicitation ordinance because they say it is unconstitutional and violates their First and Fourteenth Amendment rights. For years day laborers in the city have alleged that police have harassed them as they looked for work on public sidewalks, falsely telling them that they had no right to be there. The city’s ordinance does not ban looking for work on public sidewalks, but places tight restrictions on solicitations for work, business or charity that even the city acknowledges it would not apply to protesters. Police records and interviews by the OC Voice reveal that besides the questionable constitutionality of the ordinance, the city has enforced the ordinance unequally, applying it almost exclusively to day laborers while ignoring violations by numerous other workers who twirl signs and make other motions on city sidewalks in order to attract customers to local businesses. The OC Voice was the first to break the story of alleged police harassment under the ordinance and the possibility that a lawsuit would be filed by the ACLU on behalf of the day laborers in October, 2007. This is the fourth of five parts in video. This segment shows the English version of the press conference held on Feb. 2, 2010 in front of Costa Mesa’s city hall. The lawsuit was filed on behalf of the day laborers by the ACLU, MALDEF and ENDLON.