A California appeals court yesterday declined to overturn a judge's decision that bars the public from knowing who hires migrant day-laborers in Vista.
Three news organizations, including The San Diego Union-Tribune, had appealed Superior Court Judge Michael Orfield's decision barring Vista officials from making public the identities of employers registered under the city's day-laborer law. The 4th District Court of Appeal in San Diego rejected the petition yesterday without giving a reason.
The appeal had its roots in a day-laborer law that the city of Vista enacted in July 2006. It required people and companies that hire day-laborers off the street to register with the city.
After the law took effect, organizations including the Union-Tribune; the Vista Citizens Brigade, an anti-immigration group; and the American Civil Liberties Union of San Diego and Imperial Counties, obtained the employers' information through public records requests.
None of the employers had complained about being harassed because their names were disclosed.
In July, the ACLU petitioned the Superior Court for an injunction to stop the release of the employers' information, citing privacy rights. Two months later, Judge Orfield issued a preliminary injunction ordering Vista to stop releasing the information, saying that the employers' right to privacy superseded the public's right to know in this case.
In October, the Union-Tribune's parent company, The Copley Press Inc., the Los Angeles Times and the California Newspaper Publishers Association petitioned the state appeals court to overturn Orfield's decision. The organizations argued that the courts should not allow the ACLU to bypass the Public Records Act by filing a pre-emptive lawsuit.
Scott Wahrenbrock, attorney for The Copley Press Inc. said the appeals court decision was a setback for the public's ability to access information held by public agencies.
“We're very disappointed,” Wahrenbrock said.
Al Wickers, attorney for the CNPA, said the appeals court may be waiting for the lower court to decide whether it will issue a permanent injunction before taking action. He said the media organizations can file another appeal if Orfield makes the preliminary injunction permanent.
The judge is expected to hold a conference with attorneys in the case on Jan. 25 to schedule a hearing for a permanent injunction.
David Blair-Loy, legal director for the ACLU-San Diego and Imperial counties, said he is pleased that the appeals court upheld the prohibition.
“We have enormous respect for the right to disclosure and the constitutional right to privacy,” Blair-Loy said. “They have to be balanced. In some cases, the right to disclosure prevails over privacy. In some cases, privacy prevails over the right to disclosure. This is just one of the latter.”
Jim Lough, Vista city attorney, said the city will carry out the court's order.
“The city of Vista is just waiting for the court to give it direction on what to do,” he said.
Angela Lau: (760) 476-8240; angela.lau@uniontrib.com
