Hispanic Day Laborers Score Major Win in Federal Case Against Local Government Harassment
Borough of Freehold Officials Back Off on Anti-Day Laborer Policies

Trenton, NJ March 11, 2004 - Hispanic day laborers from Freehold today won a major victory in federal court when borough officials formally backed off from policies and practices they had implemented that unfairly targeted these workers. “We are excited to see that the American legal system continues to be the great leveler in this country and that the rights of these Hispanic day laborers was respected and upheld,” stated Cesar A. Perales, President and General Counsel of the Puerto Rican Legal Defense and Education Fund, who represented the workers.

In a packed Federal District Court presided by Judge Anne Thompson, the more than 50 Hispanic day laborers present witnessed Freehold authorities agree to end the curtailment of their rights to seek honest employment: they agreed to stop police harassment of the day laborers and will be reopening the “muster zone” on public land they had closed where the day laborers sought work.

The day laborers were represented by the Puerto Rican Legal Defense and Education Fund (PRLDEF), with the New Jersey Appleseed Public Interest Law Center of New Jersey and the Mexican American Legal Defense and Education Fund (MALDEF) as co-counsel. The PRLDEF attorneys in court to day were Alan Levine, Special Counsel, Foster Maer, PRLDEF’s Legal Director, and Evette Soto- aldonado, Staff Attorney. The plaintiffs being represented include El Comite de Trabajadores por el Progreso y Bienestar Social, the Monmouth County Residents for Immigrant Rights, the National Day Laborers Organizing Network and others.

Earlier this year, PRLDEF sought a preliminary injunction to stop these discriminatory practices by the Borough of Freehold. The practices in question included the ticketing, fining and threats of arrest under the vague offense labeled “Officer’s Discretion” that allowed the police to target Hispanics indiscriminately. The police had also been authorized to ticket, fine and report day laborers to the US Department of Homeland Security for soliciting employment, a violation of their free speech rights. “This is clearly a campaign,” Perales pointed out at the time, “to force Hispanics out of the borough.”

Freehold officials had also arbitrarily closed the “muster zone” where day laborers used to assemble to make contact with potential employers. When a local church offered their parking space to the day laborers, they were met with harassment by protesters, including a number of white supremacist groups, which made it impossible for this alternative to function. Today in court, the officials agreed to reopen the publicly-owned portion of the “muster zone” and to publicize its reopening as widely in the community as they publicized its closing.

Judge Thompson had expressed concerns about the Freehold policies since the case came before her in January. She stated that she thought that the ticketing of the workers using “officer’s discretion” raised a “red flag” and was apparently troubled by the closing of the public portion of the “muster zone.” With PRLDEF ready to take the case to trial, Freehold officials decided to accede to the plaintiff’s demands.

In a unprecedented gesture, Judge Thompson publicly commended the more than 50 Hispanic day laborers present for having come to court. “It is always a great day,” Perales concluded,” when our courts can affirm the people’s freedom of speech and assembly, no matter their race, ethnicity or social status.”