Brownsville Herald

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Day laborers allege city violating their rights

A group of day laborers has sued the city of Brownsville, its police department, and police chief, claiming their civil rights are being violated when police force them to leave the 1400 block of Adams Street while they seek work.

Texas Rio Grande Legal Aid filed the lawsuit on behalf of the men, who call themselves the “Committee of 14th and Adams Street Workers,” in U.S. District Court, Southern District of Texas on Dec. 6.

They allege that police have been harassing them, accusing them of criminal activity, or arresting them without probable cause. Plaintiffs’ lawyer Nathaniel Norton says the city is trying to clear the area because it wants to build a new bus station there.

The city hopes to reach an agreement with the plaintiffs: Rolando Davila, Jose Herrera, Jesus Cuello, Antonio Abundiz, Mario Ramos, Ignacio Espinoza, Alemanta Sierra and Jose Sauceda.

Charles Willette Jr., of Willette & Guerra, represents the city, Brownsville Police, and Police Chief Carlos Garcia. Willette was not available for comment, but documents filed in the case Thursday show that a resolution could be reached by Dec. 17, when a hearing is scheduled before U.S. District Judge Hilda G. Tagle.

The laborers have been arrested for violating the Texas Transportation Code, which provides that it is a misdemeanor to “stand in a roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle…”

Norton maintains that the code is unconstitutional as applied to his clients. He said that police do not enforce the code against individuals who stand in the roadways to sell newspapers or hail a taxicab.


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