Judge: NY town's law banning day laborers from soliciting work on public sidewalks is unlawful

Government And Institutions Associated Press

A federal judge has struck down a suburban New York town's law banning day laborers from soliciting for work on public sidewalks, declaring its broad application could affect children selling lemonade in their driveway.

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U.S. District Court Judge Denis Hurley says Oyster Bay's law violates the First Amendment. He says day laborers are permitted to gather in public spaces to seek work.

Hurley also said Thursday that the state's vehicle and traffic laws can be enforced to protect motorists and pedestrians.

The town enacted the law in 2009. Several groups sued, including the New York Civil Liberties Union and an organization representing Hispanic day laborers.

Because of the ongoing litigation, the town never enforced the ordinance.

Oyster Bay Supervisor John Venditto says he is disappointed and considering whether to appeal.