The Cupertino Courier

News

'Day labor' still finds work in Cupertino

No restrictions on trying to find employment, city says

By HUGH BIGGAR

Migrants--legal and otherwise--and others can continue to hang out along the Cupertino/San Jose border in search of a day job. At the moment, such day workers gather at the Home Depot on the border of Cupertino. There they chiefly congregate along the sidewalk on De Anza Boulevard in San Jose. A few also gather on the Cupertino side of Bollinger Road.

"We do have a [draft] ordinance that restricts day laborers from congregating in public rights of way, but the legislation has not been enabled," City Manager Dave Knapp said. If enacted, the ordinance would affect areas with public safety concerns and would have required posting.

"We have had a few complaints," said Jeff Trybus, Cupertino's code enforcement officer, "but they mostly involve the Home Depot in San Jose." In the past the complaints have included theft of equipment from trucks in the Home Depot parking lot and blocking of traffic in Cupertino.

A recent federal court ruling lifted such restrictions on day laborer solicitations nationwide.

According to the new ruling by U.S. District Judge Consuelo Marshall, municipal bans on day workers soliciting jobs violates the workers' freedom of speech. As a part of her argument, Marshall said laborers' immigration status was irrelevant because free speech does not take into account immigration status. The city of Redondo Beach is appealing Marshall's decision.

Knapp said Cupertino has no such restrictions on day workers looking for employment. So long as the workers don't affect traffic and public rights of way, they can look for work in Cupertino, he said.

Mountain View has a nonprofit center for day workers that helps coordinate their services and provides education and job training. The center is at 1880 California St. For more information call, 650.903.4102.