From early morning to mid-afternoon, day laborers eager for work push each other out of the way as they swarm customers in the Home Depot parking lot on De Anza Boulevard. They also crowd vehicles driving on neighboring Bollinger Road bordering Cupertino.

According to the law, the workers—who usually are hired for construction or landscaping projects—are only allowed to gather on the sidewalk on DeAnza which is technically in San Jose. Even so, on a recent morning a few workers strolled across Bollinger to try their luck in Cupertino. Given the more than thirty men standing on the San Jose side of Bollinger, one worker explained it is easier to find jobs on the less crowded side of the street.

Regardless of where they stand or sit, the workers are a source of contention.

A Home Depot security guard, Tom MacMillan, said he has received complaints of theft of equipment from pick-up trucks and particularly "hooting and hollering" at women.

While public safety is a concern, Rick Kitson, Cupertino's public information officer, said the bigger issue for city residents is inconvenience "Most of the complaints involve [workers] blocking traffic," he said. "Particularly during the peak hours such as schools starting and people going to work."

As a result, the city has an ordinance prohibiting workers from soliciting in public rights of way. The ordinance also has to be posted. Jeff Trybus, a code enforcement officer for Cupertino, said those violating the ordinance so far have received verbal warnings.

In the meantime, the workers do not plan on going elsewhere. "We are hungry for work," said a machinist who did not wish to be identified. "Things are real slow right now, and have been since 9-11. It doesn't help that it's winter." The machinist estimated he gets six days of work a month. However, he has an added advantage of speaking English, while many of the day workers speak only Spanish.

Officer Bill Mason of the San Jose Police Department, who checks the area on his patrols, said he was sympathetic. "A lot of people just don't want them here," he said. "But a lot of the complaints are unjustified. My heart goes out to them. They are a pretty good bunch of guys just trying to find work."