Judge Extends Talks on Day Labor Suit: No Site In Sight

by Judy Silberstein

(June 1, 2006) Both parties to a federal lawsuit over treatment of day laborers in Mamaroneck Village reported to a federal judge on Tuesday, May 30 that talks are ongoing and are showing progress, though there is no resolution on a place for the workers to gather.

Six unnamed laborers have charged the Village with harassment and violation of their civil rights. (See: Local Day Labor Issue Lands in Federal Court.) On May 12, Judge Colleen McMahon postponed a trial to give the parties an opportunity to resolve their differences. Since then, Mayor Phil Trifiletti has been meeting with representatives of the workers, clergy, police and residents, and the judge is allowing these talks to continue, with a progress report due on June 9 with Magistrate Judge Mark D. Fox, before the parties return to her court on June 27.

This is the latest action stemming from this year’s closing of Mamaroneck’s official day labor hiring site in Columbus Park. The Mamaroneck Village Board voted in January to close the site and to make its reopening contingent on Mamaroneck Town and Larchmont Village developing their own facilities by April 1. (See:Village of Mamaroneck Closes Day Labor Site.) Officials claimed large numbers of workers, many from outside Mamaroneck Village, were coming to the park. Since then, there have been tri-municipal conversations, meetings with local clergy, and offers by Westchester County to develop a temporary site in front of their water treatment facility at Harbor Island, however, no new sites have opened and Columbus Park’s remains shut. (See: Community Leaders Discuss How to Resolve Day Labor Issue.)

Workers have continued to congregate near the park and along nearby stretches of Mamaroneck Avenue in hopes of getting employment with contractors who drive by. The lawsuit claimed police had been dispersing workers and interfering with their ability to speak with contractors.

Following the filing of the suit, both sides report the number of workers has dropped to a more manageable number and police have kept their distance. However, police were called to the Mamaroneck Avenue Hess gas station on Tuesday to clear away a group of workers attempting to solicit employment from contractors filling up their trucks.

No arrests were made, but this is the type of problem the Hispanic Resource Center is attempting to avert, said Mariana Boneo Lvoff, its new executive director and previous co-president. The Center would like to make use of its site coordinator, Janet Rolon, to supervise the hiring of day laborers and, if issues crop up, to work collaboratively with the police.

The talks mandated by Judge McMahon have led to progress in developing a mechanism to allow a speedy resolution of problems should they arise, said Ms. Lvoff. However, there remains the problem of finding a temporary gathering area. A long-term solution requires support and financing from the entire tri-municipal area, she said. Local clergy are funding a study and a report is likely to be delivered this month.

According to Kevin J. Plunkett, attorney for Mamaroneck Village, “The mayor is pleased with the progress” of recent talks. However, he said there is concern that operating an officially designated hiring site would leave Mamaroneck open to a lawsuit like that filed against the Town of Herndon in Fairfax, Virginia last year. That suit claimed taxpayer funds were being used to facilitate the “illegal employment of undocumented aliens.” (See: Judicialwatch) In a May election, Herndon's mayor and two other councilmembers who voted for the hiring site were defeated by a slate opposing it. (See: Herndon voters oust labor-center backers.)

Meanwhile, the Hispanic Resource Center is concerned about finding solutions for a gathering place before the next big hiring season. “The numbers tend to rise in the fall,” explained Ms. Lvoff. “We don’t want to wait until then,” she said.