ACLU to Argue that Prince William County Loitering Ordinance Is Unconstitutional
Arguments will be heard tomorrow in the case of a group of Prince William County day laborers who were the arrested for loitering at a Woodbridge 7-11 last fall. The ACLU of Virginia maintains that the day laborers, all of whom are of Latino background, were lawfully assembled while waiting for work, that they were not in violation of the county loitering ordinance, and that the ordinance itself is unconstitutionally vague.
“We believe these workers were targeted because they are minorities,’ said ACLU of Virginia executive director Kent Willis. “Unfortunately, the imprecision of the Prince William loitering ordinance gives police the leeway to apply it to almost any circumstance they wish, thus enabling them to enforce it against disfavored groups.”
Alexandria lawyer John Zwerling, a cooperating attorney for the ACLU of Virginia, will argue the case for ten individuals who were arrested on October 19, 2004. ACLU of Virginia legal director Rebecca K. Glenberg also represents the defendants.
In addition to arguing that the loitering ordinance is unconstitutionally vague, the ACLU will also argue that the workers did not engage in any activity prohibited by the ordinance. The ordinance bans loitering that impedes vehicle or pedestrian traffic, interferes with the conduct of business, or involves unlawful activity.
The hearings will take place in the General District Court for Prince William County, 9311 Lee Ave., Manassas, Thursday, January 13, 2005, at 9:00 a.m.
“These hard working individuals provide Prince William County employers with an essential labor force that is utilized every single weekday,” added Willis. “Rather that arresting them, the County should be embracing them for the services they render to the community, while recognizing their constitutional right to assemble. Indeed, that would probably be the case were they not Latinos.”
Contact: Kent Willis, Executive Director, ACLU of Virginia, 804-644-8022
