THE DESERT SUN (Palm Springs, California)

June 24, 2008

Judge sides with farmworkers' suit

Nicole C. Brambila
The Desert Sun

A Riverside County Superior Court judge has issued a temporary injunction against a Ventura-based labor contractor after two Coachella Valley farmworkers said they were not provided water or shade while working in the desert heat earlier this month.

The move forces the company to follow California law, which requires cool drinking water and breaks to prevent heat stress, or face possible contempt charges with fines or jail. As reported on mydesert.com, the case goes to court July 3.

The June 17 lawsuit sought an emergency order for a temporary injunction against Magaña Labor Services Inc. An attorney representing Magaña did not return phone calls Monday.

The suit - brought by attorneys with California Rural Legal Assistance in Coachella - also seeks a permanent injunction and more than $25,000 in lost wages, benefits, physical suffering and anguish.

Celia Cardenas Acuña and Juan Carlos Garcia, who picked peppers in the Coachella Valley, claim they were fired June 3 along with the entire crew of 25 for complaining about the working conditions.

"It's unimaginable that we have to go to court to ensure basic human rights. They're not cattle," said Arturo Rodriguez, an attorney with California Rural Legal Assistance representing the farmworkers.

In the past two weeks, officials with United Farm Workers - the national organization founded by César Chávez - has conducted checks in the valley's fields.

"Just a few of them were complying," said Lauro Bajaras, organizing director of UFW in Oxnard. "The majority were not.

"What we don't want is more people to die."