Local Day Labor Issue Lands in Federal Court

Village of Mamaroneck Sued

by Judy Silberstein

(April 27, 2006) As Larchmont and Mamaroneck continue struggling to find a local site for day laborers to seek work, the Puerto Rican Legal Defense and Education Fund has kicked the controversial situation into federal court. On Thursday morning, April 27, the PRLDEF filed suit against the Village of Mamaroneck and charged it with “embarking on a deliberate and coordinated campaign to harass Latino day laborers, to deter them from soliciting work and to deprive them of their constitutional and civil rights as provided under law, according to a press release. The PRLDEF and pro bono attorneys from the corporate law firm of Dewey Ballantine are representing six day laborers from the Village of Mamaroneck who claim they have been harassed by police as part of a “systematic effort to eject them from public spaces in the Village.” The plaintiffs, identified only as John Does 1 through 6, say they have been threatened for simply standing on the sidewalk and that they have been targeted on the basis of their race, ethnicity or national origin.

The actual filings may be accessed from the PRLDEF website.

The suit moves the center of the controversy to the courtroom and out of Mamaroneck’s Columbus Park, where the labors had gathered until recently. The attorneys, plaintiffs and their supporters began the morning filing papers at the courthouse in White Plains and in the afternoon traveled down to Foley Square for further filings before Judge Colleen McMahon.

In recent years, there have been numerous but unsuccessful efforts to find a hiring spot acceptable to workers, residents and officials. (See: Alternate Site for Day-Labor Facility? Residents, Businesses Opposed to Fayette Avenue.) For a time, the back of Columbus Park was designated an official site and supervised by a coordinator hired by the Hispanic Resource Center of Larchmont and Mamaroneck. However, this February, the Mamaroneck Village Board voted to close the site unless the Town of Mamaroneck and Village of Larchmont opened sites of their own by April 1. (See: Village of Mamaroneck Closes Day Labor Site.) That generated numerous tri-municipal meetings with officials, day labor advocates and clergy members, but no specific proposals. (See: Local Clergy Meet on Day Labor Issue.) In March, signs appeared at the park announcing “This is No Longer a Day Laborer Pick Up Site.” (COMMENT: Dismay at Village of Mamaroneck Rejection of Temp Day Labor Site.) On March 27, the Mamaroneck Village Board rejected an offer by Westchester County to allow a temporary day labor site on county-owned land in front of the water treatment facility at Harbor Island on the Boston Post Road.

From Mamaroneck to Federal Court

With the involvement of the Puerto Rican LDEF and Dewey Ballantine, the issue now involves actors from outside the local arena. The PRLDEF is handling similar cases in Long Island, NY and in New Jersey, Pennsylvania and Florida. "It's indicative of some people not wanting other people in their neighborhood," said John Garcia, PRLDEF spokesperson. "It's that simple."

“We were eager to take the case because it presents constitutional issues that need to be heard and because we’re representing clients whose main goal is to find work,” said Janis Meyer, a partner with Dewey Ballantine.

Of course, local advocates are involved as well.

“We support this effort to help the day laborer get back to work, even though we’re not part of the suit,” said Harold Wolfson, a member of the Hispanic Resource Center (HRC) Board and resident of Larchmont.

Mamaroneck Response

“This is outrageous,” said Mamaroneck Mayor Phil Trifiletti, who is named in the suit along with Police Chief Edward Flynn. “It’s disappointing and unfortunate that the Puerto Rican Defense Fund and the Hispanic Resource Center have taken the road they’ve taken.”

“We have created an orderly, safe environment for the workers and the residents,” said the mayor. Just this morning he had counted 38 men on the bridge near Columbus Park. “They were getting to work very nicely,” he said. “The suit should be addressed against the Village of Larchmont and Town of Mamaroneck and other nearby municipalities,” he suggested. “They purposefully keep them out by not working with the Hispanic laborers to find a site.”

March 2006: Columbus Park. photo from Hispanic Resource Center

Mr. Wolfson said the HRC’s site coordinator, Janet Rolon, has reported a different scenario. “Day laborers are now spread all over Mamaroneck and Halstead Avenues and they tell her the police have been dispersing workers when there are more than three or so. The laborers say it’s very hard to get work,” he said.

“It’s so sad that it came to this,” said Mariana Boneo-Lvoff, one of the co-presidents of the HRC, “particularly after so much effort by so many parties – the Summit, the Hispanic Resource Center, the Human Rights Commission, the neighboring communities, the clergy and even the county.”

“Nothing could be done with so many willing to help against the unwillingness of the Village [of Mamaroneck], “ she said. However, she did hold out some hope: “This was just a legal filing – we’re still open to finding a viable solution.”

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