On Feb. 29, an Arizona court granted an injunction against the portion of Arizona’s controversial law S.B. 1070 that would have banned day laborers from soliciting work from motorists and motorists from hiring day laborers. Friendly House v. Whiting (D. Ariz. 2012). The court found the bill unconstitutional because it infringed on free speech rights. The court rejected the state’s argument that the law was meant to achieve traffic safety. If the bill were meant to promote traffic safety, the court felt that it would have dealt with all types of solicitation of motorists—not just work solicitations. The court also found persuasive that this provision was part of a larger bill aimed explicitly at curbing illegal immigration.
With this decision, one legal challenge to S.B. 1070 remains. That is the suit brought by the federal Dept. of Justice challenging the law on federal preemption grounds. MSEC will inform you of the outcome of that challenge when it is resolved.