Carrboro passes 'anti-lingering' rule

Herrera dissents, saying town is 'joining all the other anti-immigrant states'

CARRBORO -- The Board of Aldermen voted 4-1 Tuesday night to adopt an "anti-lingering" ordinance for the intersection of Jones Ferry and Davie roads.

The ordinance would prohibit people to "stand, sit, recline, linger or otherwise remain within the area ... between the hours of 11 a.m. and 5 a.m. [the next day]."

Day laborers, who are mostly Hispanic men, wait in the area every day to get picked up for work in construction or farming. But some nearby residents say others, who aren't looking for work, hang around the same area, drinking alcohol, harassing people or urinating on surrounding property.

The time constraints of the ordinance would not hinder most of the day laborers, most of whom have found work by 11 a.m., according to James Harris, the town's community and economic development director. The proposal would not apply to vehicles, bicycles or pedestrians traveling through the area.

Former Alderman Mark Dorosin spoke against the measure.

"I believe it's constitutionally suspect," he said, adding that it infringes on the freedom of movement. "It's over-broad. ... It also criminalizes status rather than behavior -- the status of being on the street."

Dorosin also said it would be "disingenuous" to talk about the ordinance without bringing up the racial aspect of it.

Alderman John Herrera, who is originally from Costa Rica and voted against the ordinance, said he doesn't like it that it seems to target Hispanic people.

"I am 100 percent against this," he said, adding that he thought the board was making a "knee-jerk reaction" to the problem.

"Is this the Carrboro way of dealing with things? Absolutely not," Herrera said. "We'll be joining all the other anti-immigrant states. ... We have not done the educational things that need to be done."

Herrera said he also wants to solve the problem but doesn't think this is the right way. "It is very site-specific," he said. "There are no other people who go and pick up work there."

Alderman Alex Zaffron disagreed with Herrera's "presumption that the enforcement of this ordinance is ethnically biased," and said that the board has to "deal with a very persistent problem the staff and police have been trying to deal with over the years."

"This is a tool the police department has requested. ... It is our job to give them this tool to see if it works," Zaffron said.

Mayor Mark Chilton explained that people lingering at the corner will be warned to move along first. If they don't comply with police, then they will be issued a citation.

Alderwoman Jacquie Gist made a motion to come back and evaluate the ordinance in a year. She also spoke strongly against Herrera's comments.

"I refuse to sit here and be accused of being anti-Hispanic," she said. "I refuse to be painted with that brush. I think that's dirty."

The town will try to move the day-laborer pick-up spot.

Alderwoman Randee Haven-O'Donnell met with Harris and a few leaders in the Hispanic community.

From that meeting, she suggested moving the site to a spot further down Jones Ferry Road, near Burger King and the driveway leading into the Willow Creek Shopping Center. She also suggested creating a bus pick-up space at the new spot, with benches, a shelter, trash cans and a portable toilet.

"We're looking to elevate the workers so we give them some dignity as they're looking for work," she said.