A federal judge today barred Arizona from enforcing a provision of SB 1070 aimed at day laborers.
U.S. District Court Judge Susan Bolton said it is illegal for the state to enact a law which makes it illegal for someone to enter a car which is stopped in traffic to go to work elsewhere. She also struck down another provision aimed at those driving the car.
Bolton rejected arguments the state has a legitimate interest in promoting the free flow of traffic. Instead, she said the real purpose behind the provision was to attack the practice where day laborers would hang around home improvement stores and await offers.
And being a day laborer, she said, is not a crime.
Bolton, who two years ago blocked other key provisions of SB 1070, had allowed this section to take effect. She noted that the 9th U.S. Circuit Court of Appeals had upheld a similar law in a California city.
Since then, however, the full 9th Circuit ruled the other way.