‘Chilling Effect’: Costa Mesa day laborers claim police harassment under enforcement of sign ordinance

By JOHN EARL
OC Voice

Note: This article was originally published in the OC Voice Oct. 2007 print edition. It is reprinted here because it relates to Joe Shaw’s column about the banning of street signs by the Huntington Beach City Council. His column focused on the economic consequences, this article focuses on the related constitutional issues at they played  out in the city of Costa Mesa.  Also read Shaw’s column here.

Costa Mesa day laborers looking for work on street corners at two separate locations in the city, Placentia Avenue and 17th Street, and Placentia Avenue and Victoria Street, say that city police are routinely harassing them and making it difficult for them to find employment.

Almost without exception, workers at both corners who were interviewed by the OC Voice on three separate occasions during September claimed that police routinely—from once in a while to several times a week—approached them while they were standing on sidewalks or in parking lots and told them, sometimes without giving a reason, that they had to leave the area, sometimes threatening them with tickets or even arrest if they returned.

Costa Mesa Chief of Police Christopher Shawkey says that his officers are only enforcing a city ordinance that prohibits anyone from soliciting employment, commercial, or charitable transactions on public streets in a manner that distracts motorists and creates a potential safety hazard, and that prohibits the same types of solicitation in private parking lots where the owners have posted signs banning those activities.

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Desalinomics 101: ‘No Cost’ Desal Costs A Lot! How your tax dollars built the desalination business

Part 3 of a series

By John Earl
OC Voice

Poseidon Resources Inc.’s website claims that the desalination plant it wants to build in southeast Huntington Beach, at Newland and Beach avenues, will be a “cost-effective solution to provide residents with a safe and reliable water supply by using existing structures—at no cost to taxpayers.”

NOT THE VIRGIN MARY: The OC Voice took this photo of the city's new seal and later noticed the mysterious man in the background.

Elected officials who voted to approve the desalination plant three years ago have consistently echoed Poseidon’s claim: Poseidon would privately own and operate the plant for its own profit and for its investors—a strictly free market affair with no taxpayer investment or risk, they said.

City council representative Don Hansen praised the project’s supposed free market values to a crowded city council chamber before he gave Poseidon his vote along with three other council members, Keith Bohr, Gil Coerper and Cathy Green.

“My belief is that the market is going to drive the majority of these decisions. I truly believe that,” Hansen said.

If the Poseidon desalination plant is not profitable, he added, it “will never see the light of day. And it’s purely born on private investment dollars, the risk that they [Poseidon] are going to take.”

In a candidates’ debate last year, Hansen warned that “We’re going to need the water” and reassured again that “It’s not us building the plant. It’s all private investment.”

If all goes well for Poseidon, its Huntington Beach plant will produce 50 million gallons of drinking water per day by sometime in 2011. It still needs to obtain additional government permits and must work out a franchise agreement with the city first.

Poseidon plans to build an almost identical desalination plant in the city of Carlsbad. That project is further along in the permit process and if financing comes through it could start construction this summer. Poseidon’s CEOs dream of building large desalination plants at other California coastal locations as well.

Hansen’s appeal to the free market instincts of the voters is persuasive in a city where the call for smaller government is almost a religious doctrine. But attributing either Poseidon project to to free-market karma is misleading because the company could benefit from as much as $1 billion in taxpayer supplied subsidies that would make it easier for Poseidon to attract the private sector financing that it also needs but still lacks in order to build and operate the two plants.

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