A bipartisan bill seeking to repeal a portion of the 2021 Farmworkers Bill of Rights advanced last week in Colorado. Senate Bill 128 aims to align state law with a U.S. Supreme Court decision that protected farmer’s private property rights from uninvited “key service providers.” The bill has sparked debate between moderate and progressive Democrats, with a compromise deal falling through before the hearing.
The bill sponsor, Sen. Dylan Roberts, argued that a portion of the existing law is unconstitutional after the Supreme Court ruling in Cedar Point Nursery v. Hassid. The legislation has faced backlash from farmworkers and their advocates, as it could limit access to farm properties for legal advocates, health care workers, educators, union organizers, and government officials.
Roberts offered an amendment that would restrict uninvited access to private land while allowing entry to employer-provided housing and access to medical care and transportation for farmworkers. Supporters believe the bill’s passage is necessary to prevent broader interpretations of the law that could harm farmworkers’ rights and lead to costly litigation.
Opponents claim that farmworkers and key service providers were excluded from the bill’s development, raising concerns about worker protections and access to essential services. However, backers argue that the bill is essential to protect farmworkers while ensuring that enforcement agencies like ICE would still need warrants to enter farm properties.
With the bill now heading to the full Senate for debate, stakeholders on both sides are preparing to make their case for or against the repeal. The outcome will have significant implications for farmworkers and property rights in Colorado.
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