Nos. 06-55750, 06-56869.

657 F.3d 936 (2011)

COMITE DE JORNALEROS DE REDONDO BEACH; National Day Laborer Organizing Network, Plaintiffs-Appellees, v. CITY OF REDONDO BEACH, Defendant-Appellant. Comite De Jornaleros De Redondo Beach; National Day Laborer Organizing Network, Plaintiffs-Appellees, v. City of Redondo Beach, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2011.

Attorney(s) appearing for the Case

Michael W. Webb (argued), Office of the City Attorney, Redondo Beach, CA; Eugene P. Ramirez and Julie M. Fleming , Manning & Kass, Ellrod, Ramirez, Trester LLP, Los Angeles, CA, for the defendant-appellant.

Thomas A. Saenz (argued), Cynthia A. Valenzuela , and Kristina Campbell , Mexican American Legal Defense and Educational Fund, Los Angeles, CA; Robert Rubin and Philip Hwang , Lawyers' Committee for Civil Rights, San Francisco, CA; Angela L. Padilla and Alexei Klestoff , Morrison & Foerster LLP, San Francisco, CA, for the plaintiffs-appellees.

Jeffrey V. Dunn and Marc S. Ehrlich , Best Best & Krieger LLP, Irvine, CA, for the amicus curiae League of California Cities.

Paul J. Orfanedes and James F. Peterson , Judicial Watch, Inc., Washington, D.C., for the amicus curiae Judicial Watch, Inc.

Monica M. Ramirez and Lucas Guttentag , American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, for the amicus curiae Professor Abel Valenzuela, Jr.

Rebecca Smith , National Employment Law Project, Seattle, Washington; Haeyong Yoon , National Employment Law Project, New York, NY, for the amici curiae National Domestic Worker Alliance, National Employment Law Project, Restaurant Opportunities Center United, and Right to the City.

Opinion by Judge MILAN D. SMITH, JR.; Concurrence by Judge RONALD M. GOULD; Special Concurrence by Judge MILAN D. SMITH, JR.; Dissent by Chief Judge ALEX KOZINSKI.


M. SMITH, Circuit Judge:

A pair of day-laborer organizations challenge a City of Redondo Beach (Redondo Beach or the City) anti-solicitation ordinance that bars individuals from "stand[ing] on a street or highway and solicit[ing], or attempt[ing] to solicit, employment, business, or contributions from an occupant of any motor vehicle." Redondo Beach Municipal Code § 3-7.1601(a) (the Ordinance). We agree with the day laborers that the Ordinance...


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