A court overturns Herndon’s anti-solicitation ordinance that requires that all hiring of day laborers be done at the official day laborer site in Herndon on a technicality, and John Steinbach of Mexicanos Sin Fronteras claims that this is a “huge victory“. I guess that’s why the practice of law is restricted to those who actually have some idea about what they’re talking about.
From the Washington Post:
Alden rejected Moseley’s “content” argument. The judge ruled the law was narrowly tailored to serve a significant community interest, passing two parts of a “three-prong test” governments face to justify restriction of speech in a public forum.
The third prong is where the town falls short, Alden said, noting that governments restricting public speech must “open ample alternative channels” for communication of the prohibited speech.
Alden said the Herndon Official Workers Center is not adequate because it is described in the ordinance as a temporary site. She also cited Reston Interfaith’s agreement with the town, which was based on a temporary permit.
The bar on solicitation described in the ordinance, however, is permanent.
If the Herndon Town Council provides a “permanent permit” to the day laborer site, which would apparently remove this objection, would Steinbach then bemoan a huge loss?
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