Comite De Jornaleros De Redondo Beach v. City of Redondo Beach

ORDER RE: PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT; PERMANENT INJUNCTION

The matters before the Court are the parties’ cross-motions for summary judgment.

JURISDICTION

The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 .

FACTUAL AND PROCEDURAL BACKGROUND

This case involves a facial First Amendment challenge to Redondo Beach Municipal Code § 3-7.1601 (hereinaftér “the Ordinance”), which provides, in full:

Redondo Beach Municipal Code § 3-7.1601(a)-(b).

The City of Redondo Beach (hereinafter “the City”) enacted the Ordinance into law on May 7, 1987. On February 16, 1989, it was amended to add subdivision (b). Violators have been punished through the imposition of fines, probation or both.

In October 2004, the City and its affiliated police department began to enforce the Ordinance aggressively at the intersections of Artesia Boulevard and Felton Lane and Manhattan Beach Boulevard and Inglewood Avenue, where individuals seeking temporary employment (i.e., “day laborers”) frequently congregate. They dubbed this increased enforcement effort the “Day Labor Enforcement Project.” The police force staged undercover sting operations in which officers,…