Case: Coalition for Humane Immigrant Rights of Los Angeles v. Burke

2:98-cv-04863 | U.S. District Court for the Central District of California

Filed Date: June 17, 1998

Closed Date: Oct. 30, 2000

Clearinghouse coding complete

Case Summary

This case challenges a Los Angeles anti-solicitation ordinance designed to prevent immigrant day laborers from seeking work. On June 17, 1998, the Mexican American Legal Defense and Educational Fund (MALDEF) filed a complaint on behalf of the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) and Sindicato de Trabajadores por Dia in the United States District Court for the Central District of California. The lawsuit challenged Los Angeles County Ordinance No. 94-0043, which banned so…

This case challenges a Los Angeles anti-solicitation ordinance designed to prevent immigrant day laborers from seeking work. On June 17, 1998, the Mexican American Legal Defense and Educational Fund (MALDEF) filed a complaint on behalf of the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) and Sindicato de Trabajadores por Dia in the United States District Court for the Central District of California. The lawsuit challenged Los Angeles County Ordinance No. 94-0043, which banned solicitation: 1) on sidewalks directed at a passing vehicle and 2) from a vehicle directed at a passing pedestrian. Plaintiffs named five county supervisors, acting in their official capacities, as defendants. They sought to enjoin the county from enforcing the ordinance under 42 U.S.C. § 1983, alleging violations of the First and Fourteenth Amendments. They also sought declaratory relief, monetary damages, and attorneys’ fees and costs. 

The case was initially referred to Magistrate Judge Carolyn Turchin but reassigned to Judge George H. King on July 2, 1998. The court denied defendants’ motion to dismiss for failure to state a claim later that month, and defendants filed an answer to the complaint on September 4. In November, after some time for discovery had passed, the court directed the parties to explore potential avenues for settlement. 

Although the parties agreed that the challenged ordinance constituted a time, place, or manner restriction on speech in a traditional public fora, the court directed them to brief the issue of whether the restriction was content neutral or content discriminatory. Oral argument was held on June 7, 1999. After the hearing, the court ordered further briefing on how the “secondary effects” doctrine would apply to the content neutrality determination, and directed the parties to conduct further discovery. The court scheduled oral argument on this issue for October 27. 

On October 29, 1999, the court concluded that Ordinance No. 94-0043 was content neutral because the County’s “predominant purpose in passing Ordinance No. 94-0043 was to alleviate secondary effects such as traffic problems.” 1999 WL 33288183. The court then granted a stay on November 3 to allow the parties to further discuss settlement possibilities. They were unable to reach an agreement, and in July 2000, both parties filed briefs regarding the constitutionality of the ordinance. The court scheduled a hearing for August 21. 

On September 12, 2000, the court ruled that the relevant sections of the Los Angeles County code violated the First and Fourteenth Amendment to the U.S. Constitution and permanently enjoined the county from enforcing these sections. 2000 WL 1481467. Although the court found that the county had a significant interest in promoting safety, limiting traffic congestion, and preventing harassment of pedestrians, it held that the ordinance was not narrowly tailored to serve these interests. The court noted that passive solicitation—such as standing on the sidewalk out of the way of pedestrians and holding a sign toward passing vehicles—would violate the ordinance, but would not cause the type of traffic disruption the county has an interest in preventing. Further, the ordinance did not leave open ample alternative means for communication, in part because the court thought the broad language of the ordinance made it likely to chill lawful speech. 

On October 30, 2000, the court awarded plaintiffs a total of $24,202.61 in attorneys’ fees and costs. 

This case is closed.

 

Summary Authors

Grayson Metzger (4/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11271110/parties/chirla-v-brathwaite-burke/

Judge(s)

King, George H. (California)

Attorney for Plaintiff

Saenz, Thomas Andrew (California)

Santana, Samuel R (California)

Attorney for Defendant

Kemalyan, Richard S (California)

Documents in the Clearinghouse

2:98-cv-04863

Opinion

Oct. 29, 1999

Oct. 29, 1999

Order/Opinion

1999 WL 33288183

2:98-cv-04863

Memorandum and Order

Sept. 12, 2000

Sept. 12, 2000

Order/Opinion

2000 WL 1481467

Resources

Title Description External URL Date / External URL

Oral History Project Interview with Attorney Thomas Saenz

Civil Rights Litigation Clearinghouse

Contents: Clearinghouse Oral History Project Interview with Attorney Thomas Saenz (Fall 2023)
[0:00-16:13] Introduction (Early… 		December 2023

Dec. 18, 2023

https://www.mivideo.it.umich.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11271110/chirla-v-brathwaite-burke/

Last updated April 12, 2026, 4:34 a.m.

ECF Number Date Description Link
1 June 17, 1998

COMPLAINT filed Summons(es) Issued referred to Discovery Carolyn Turchin (bg) (Entered: 06/18/1998)

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2 July 2, 1998

MINUTES: Mtr retn to the clerk's officer for reassignment. The case has been reassigned to Judge George H. King for all further proceedings by Judge Harry L. Hupp. Case will now read CV98-4863 GHK (CTx) (cc all cnsl) (jc) (Entered: 07/07/1998)

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3 July 7, 1998

NOTICE OF MOTION AND MOTION by plaintiff Sindicato De Trabaja, defendant Yvonne Brathwaite-Burke, defendant Michael Antonovich, defendant Don Knabe, defendant Gloria Molina, defendant Zev Yaroslavsky to dismiss for failure to state a clm up wh rel can be gr ; motion hearing set for 10:00 8/3/98 (twdb) (Entered: 07/08/1998)

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4 July 14, 1998

ORDER by Judge George H. King re: Case Mgt (see orig ord for detailed information re special requirements). (dhl) (Entered: 07/15/1998)

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5 July 20, 1998

OPPOSITION by plaintiff CHIRLA, plaintiff Sindicato De Trabaja to motion to dismiss for failure to state a clm up wh rel can be gr [3-1] (et) (Entered: 07/21/1998)

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6 July 20, 1998

PROOF OF SERVICE by plaintiff CHIRLA, plaintiff Sindicato De Trabaja of ord re: case management; served upon Richard S Kemalyan on 7/20/98 by mail (jag) (Entered: 07/22/1998)

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7 July 23, 1998

MINUTES: Dfts' hearing re motion to dismiss for failure to state a clm up wh rel can be gr [3-1] is taken off calendar. Dfts' ntc of mot does not satisfy the requirements of LR 7.4.1. by Judge George H. King CR: n/a (jag) (Entered: 07/27/1998)

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8 Sept. 4, 1998

ANSWER filed by defendant Yvonne Brathwaite-Burke, defendant Michael Antonovich, defendant Don Knabe, defendant Gloria Molina, defendant Zev Yaroslavsky to complaint [1-1]; jury demand (jag) (Entered: 09/08/1998)

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9 Oct. 6, 1998

CERTIFICATE re related publicly held entities re Case Mgt order [4-1] (app) (Entered: 10/07/1998)

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10 Oct. 19, 1998

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 2 days (jag) (Entered: 10/21/1998)

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11 Oct. 19, 1998

JOINT NOTICE by plaintiffs of MSC (jag) (Entered: 10/21/1998)

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12 Oct. 21, 1998

NOTICE by plfs CHIRLA & Sindicato De Trabaja of errata re jnt stat rpt (app) (Entered: 10/22/1998)

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13 Nov. 9, 1998

MINUTES: The crt cont mandatory status conference for 1:30 pm on 11/30/98 by Judge George H. King CR: Noreen Cerge (app) (Entered: 11/30/1998)

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14 Nov. 30, 1998

MINUTES: ; mandatory status conference held ; Crt sets a status conf set on 9:30 12/21/98 . Crt & cnsl discuss potential accomodations which might result in sttlmnt. Crt directs cnsl to explore possible avenues for sttlmnt. If sttlmnt is not likely, the Crt will set a br sched to determine whether the subject ordinance is content neutral or content discriminatory. by Judge George H. King CR: n/a (jag) (Entered: 12/04/1998)

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15 Dec. 21, 1998

MINUTES: The crt sched telephone conference for 9:30 am on 1/21/99, plf's cnsl to initiate call by Judge George H. King CR: Walter Ledge (app) (Entered: 12/28/1998)

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16 Jan. 21, 1999

MINUTES: telephone conf held, the crt cont telephone conference for 10:30 am on 2/22/99 by Judge George H. King CR: N/A (app) (Entered: 02/01/1999)

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17 Feb. 12, 1999

MINUTES: The crt cont telephone conference for 10:30 am on 3/1/99 by Judge George H. King CR: N/A (cc to all cnsl) (app) (Entered: 02/16/1999)

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18 March 1, 1999

MINUTES: telephone conference held, cnsl directed to lodge a stip briefing sched w/the crt NLT 7 days hereof by Judge George H. King CR: N/A (app) (Entered: 03/05/1999)

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19 April 2, 1999

MINUTES: Ptys sh meet & confer in person & discuss the relevant issues to be briefed on the mot to determine whether the ordinance is content neutrial or content discriminatory. Ea side sh be prepared w/ applicable law in advance of the meeting. Ea iss sh be set forth separately, followed by plf's & dft's position. The joint br sh be fld nlt 5/11/99 & sh be ntcd for hrg on 6/7/99 @ 9:30am. Ptys may but are not required to fi independent separate suppl br of no more than 5 pgs per side nlt 5/24/99. by Judge George H. King CR: n/a (jag) (Entered: 04/19/1999)

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April 2, 1999

PLACED IN FILE - NOT USED stip re br sched for x-motions re content discrimination (jag)

April 2, 1999

PLACED IN FILE - NOT USED revised stip re br sched for motion re content discrimination (jag)

20 May 11, 1999

JOINT BRIEFING RE CONTENT DISCRIMINATION by plfs & dfts (app) (Entered: 05/12/1999)

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21 May 17, 1999

NOTICE by plfs Sindicato De Trabaja and CHIRLA hrg for IN COURT HEARING RE: Jnt Briefing re Content Discrimination for 9:30 am on 6/7/99 (app) (Entered: 05/21/1999)

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22 May 24, 1999

SUPPL BRIEF FILED by plfs Sindicato De Trabaja and CHIRLA re content discrimination (app) (Entered: 05/25/1999)

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23 May 24, 1999

SUPPL REPLY BRIEF RE CONTENT DISCRIMINATION by dfts Yvonne Brathwaite-Burke, Michael Antonovich, Don Knabe, Gloria Molina and Zev Yaroslavsky (app) Modified on 05/28/1999 (Entered: 05/28/1999)

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24 June 7, 1999

MINUTES: Crt hears oral argument re mot on jnt briefing re content discrimination, crt feels further briefing is nec, as set forth & directed by the crt on the record, crt allows ptys 90 days, til 9/27/99 to conduct further discov, only as to the iss stated by crt, thereafter, ptys shall meet & confer & file their jnt brief NLT 9/27/99 & ntc if for hrg, regularly under LR (see min ord for further details) by Judge George H. King CR: Irene Nakamur (app) (Entered: 06/25/1999)

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25 Sept. 27, 1999

JOINT BRIEF FILED by defendants re Secondary effects. (lk) (Entered: 09/30/1999)

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27 Oct. 7, 1999

SUPLL BRIEF by dfts re content discrimination (app) (Entered: 10/12/1999)

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26 Oct. 8, 1999

SUPPL BRIEF by plfs re secondary effects (app) (Entered: 10/12/1999)

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28 Oct. 18, 1999

MINUTES: by Judge George H. King; that the brief [25-1] is taken under submission, ; The crt sets a telephone status conference set on 10:30 10/25/99 CR: Irene Nakamura (yc) (Entered: 10/19/1999)

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30 Oct. 25, 1999

MINUTES TELEPHONE STATUS CONFERENCE: Telephone status conf held re: possible resolution. Crt & cnsl confer. Crt directs cnsl to communicate (to the appropriate party) to the Board of Supervisors, & bring to their attn, tht which the crt & cnsl discussed at the status conf re resolution ; further telephone conference set on 10:30 a.m., on 11/1/99 by Judge George H. King CR: N/A (ca) (Entered: 11/16/1999)

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29 Oct. 27, 1999

MINUTES: re Joint Brief re: Content Discrimination and Secondary Effects. We conclude that Ordinance No 94-0043 is CONTENT-NEUTRAL (see doc for extensive details) telephone conference held by Judge George H. King CR: none (ENT 10/29/99) (lk) (Entered: 10/29/1999)

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31 Nov. 3, 1999

MINUTES: ; telephone conference held . Cnsl req stay of matter for 120 days. Crt grants stay, cnsl shall fi jt stat rpt every 30 days from date of this Ord by Judge George H. King CR: none (lk) (Entered: 11/23/1999)

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32 Dec. 10, 1999

JOINT STATUS REPORT re: sttlmt status by defendant Yvonne Brathwaite-Burke (bp) (Entered: 12/15/1999)

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33 Jan. 14, 2000

JOINT STATUS REPORT RE STTLMNT STAT by defendants & plaintiffs (rrey) Modified on 01/19/2000 (Entered: 01/19/2000)

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34 Feb. 22, 2000

MINUTES: Cnsl are hereby notified that telephone conference set on 10:30 3/6/00 . Pla cnsl shall initiate the conf call by Judge George H. King CR: none (lk) (Entered: 02/23/2000)

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35 March 6, 2000

MINUTES: Telephonic status conf held re: joint status report subm by the ptys on their progress of sttlmnt; After conf w/cnsl, Crt directs ptys to review proposal subm by plf & talk about potential resolution NLT 3/14/00; Further telephone status conference set for 10:30 3/20/00 ; by Judge George H. King CR: None (jp) (Entered: 03/09/2000)

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36 March 20, 2000

MINUTES: telephone conference held . Jt stat rpt due NLT 3 wks hereof by Judge George H. King CR: Irene Nakamura (lk) (Entered: 03/23/2000)

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37 March 28, 2000

STIPULATION and ORDER by Judge George H. King RE: Discovery and brief sched: Ptys shall fi a jt stip rpt NLT 4/10/00 discovery deadline set at 6/9/00 (lk) (Entered: 03/29/2000)

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38 April 19, 2000

JOINT STATUS REPORT purs to 3/20/00 Crts Civil Mins (rrey) (Entered: 04/21/2000)

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39 July 7, 2000

ORDER upon stip revising breifing sched: ptys shl file jt br & jt appendix exhs bf 7/17/00p nether pty's portion of jt br shl exceed 15 pgs; other prev estab dates sh not chg; ea pty may file & srv suppl memo not excd 5 pgs on or bf 7/24/00 & oral argmt on argmt on jt br shl be hrd on 8/7/00 9:30 or as soon theaft as crt may hr mater by Judge George H. King (lc) (Entered: 07/10/2000)

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40 July 17, 2000

JOINT BRIEF FILED by defendants re Constitutionality of Ordinance regarding [39-1] (lk) (Entered: 07/19/2000)

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41 July 21, 2000

NOTICE OF ERRATA by plaintiff correcting joint brief [40-1] (rrey) (Entered: 07/24/2000)

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42 July 24, 2000

SUPPLEMENTAL BRIEF FILED by plaintiffs re Constitutionality of Ordinance (rrey) (Entered: 07/24/2000)

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43 July 26, 2000

SUPPLEMENTAL REPLY by defendants re validity of Ordinance [40-1] (rrey) (Entered: 07/28/2000)

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44 Aug. 8, 2000

MINUTES: Joint Brief re: COnstitutionally of Ordinance. The matter set for hrg on 8/7/00 is continued on the Crt own motion, ; IN COURT HEARING RE: Constitutionally of Ordinance set on 9:30 8/21/00 by Judge George H. King CR: none (lk) (Entered: 08/09/2000)

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45 Aug. 21, 2000

MINUTES: in court hearing held re Joint Brief re Constitutionality of Ordinance ; Crt takes matter under submission IT IS SO ORD by Judge George H. King CR: Irene Nakamura (cc cnsl) (rrey) (Entered: 08/22/2000)

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46 Sept. 12, 2000

ORDER by Judge George H. King, The Los Angeles Cnty code are DECLARED to violate the first and fourteenth amendmnts to the U.S. Constitutio. The cnty, its employees, officers, agents, servants, etc are PERMANENTLY ENJOINED from enforcing these sections. (ENTER 9/13/00) (yc) (Entered: 09/13/2000)

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47 Sept. 15, 2000

MINUTES: Crt conducts telephonice stat conf w/ cnsl; cnsl are Ord to meet and confer w/ the view toward reaching agreement on the amt of fees to be awarded to plfs; w/in two weeks hereof, cnsl shall file a joint status rpt w/ the Crt setting forth the following: (1) whether plfs desire to proceed fur on the issue of damages; (2) whether the ptys have agreed to the amt of fees to be awarded to plfs; if there is not agreement, the ptys shall propose a brief sched for plfs mot for fees IT IS SO ORD by Judge George H. King CR: None (rrey) (Entered: 09/18/2000)

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48 Sept. 29, 2000

JOINT REPORT re damages and fees (rrey) (Entered: 10/03/2000)

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49 Oct. 12, 2000

JOINT REPORT re attys fees (rrey) (Entered: 10/13/2000)

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52 Oct. 17, 2000

MINUTES: Telephonic Stat Conf held re atty fees & costs. Cnsl dir to file joint mot/br in the format dir by the Crt NLT 10/25/00. No ntc for hrg necessary by Judge George H. King (yl) (Entered: 11/03/2000)

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50 Oct. 24, 2000

Joint BRIEFING re plas' application for award of fees & costs (bg) (Entered: 10/27/2000)

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51 Oct. 30, 2000

MINUTES: The crt concludes that plaintiffs' successful challenge of the County ordinance entitles them to prevailing party status in this action. Accordingly, thei application of fees and costs is granted. Plaintiffs' application for award of fees and costs agianst dfts is granted in the sum of $24,202.61 terminating case (MD JS-6) by Judge George H. King CR: N/A (ENT 11/1/00) (sent) (bp) (Entered: 11/01/2000)

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Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Immigration and/or the Border

Key Dates

Filing Date: June 17, 1998

Closing Date: Oct. 30, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit advocating on behalf of immigrant workers

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Los Angeles County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Central District of California 2:98-cv-04863

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $24,202.61

Recommended Citation