By Joan Garvin

Los Altos officials last week approved a settlement agreement with a group of local day workers suing the city over its anti-solicitation ordinance, according to attorneys representing the day workers. The 19-month legal battle is not over until a federal judge signs off on the agreement next week. Until then, the city is prohibited from commenting on the agreement.

“Council did meet in executive session. They gave direction to the city attorney,” said Los Altos City Manager Phil Rose, following last week’s meeting. He said that an important part of the process is to note that there is no resolution until the lawsuit is settled.

The proposed agreement - prior to any modifications that Los Altos negotiators may have requested - would have required Los Altos to amend its anti-soliciation ordinance; take down any “No Solicitation Zone” signs; educate the day laborers, their employers and the police force through outreach and publicity; and meet with workers on a regular basis to address concerns.

Finding a suitable site in Los Altos for St. Vincent de Paul to operate a permanent day laborer center was another possible provision.

Counsel from Morrison & Foerster in Palo Alto and the Mexican-American Legal Defense and Educational Fund representing the Workers Commission and the Society of St. Vincent de Paul of Santa Clara County filed suit against the city February 20, 2002, on behalf of the day laborers, claiming that the city’s No Vehicle Solicitation Ordinance is a violation of the workers’ free speech rights under the First Amendment of the United States Constitution.

April 23, 2002, the day workers’ lawyers filed an injunction to force Los Altos to suspend enforcement of the no-solicitation ordinance until the pending lawsuit was settled, claiming that it “caused workers irreparable harm.”

The council responded by appealing U.S. District Judge Jeremy Fogel’s court order of Aug. 2, 2002, which allowed workers to continue solicitation until final resolution of the lawsuit. Fogel ruled that “the portion of the ordinance relating to restricting day laborers was too broad.” The decision banned any enforcement of the Los Altos ordinance until the original lawsuit is adjudicated.

The negotiating process is a result of Fogel’s encouraging city officials to amend the ordinance and meet with day laborer representatives to find an out-of-court resolution.