08-13-01 Health & Public Safety and Residential Neighborhoods

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August 13,2001 Page 3 neighborhoods. Such activities make the city look like "we are out of control" with such bizarre activities being tolerated. Dennis Andres, Executive Director of the Morris Performing Arts Center, stated that he concurs with the remarks of Council Member King. In light of the traffic pattern by the Morris, ticket- scalping activities prevent individuals from getting to the box office since they impeded the public access. The perception is that the event is sold out when in fact it is not and then individuals buy tickets from other sources at premium prices. Mr. Andres noted for example that people think that the Seinfeld event is sold out, when in fact it is not. 125 seats are reserved for handicapped individuals and if they are not sold by the date of the event they are offered to the public with $ 76.00 being the highest price ticket in the house. Yet, PJ's is selling tickets in the first eight(8) rows from$ 175 to$300 each. Mr. Andres stated that the fines are not high enough. Bubba Cunningham of the University of Notre Dame then spoke in favor of the ordinance. Mr. Cunningham stated that the university is trying to be a good neighbor to Harter Heights. The university is concerned about the health & safety of the residents living around the campus and especially on Angela Boulevard. He sees such activities as real nuisances. Council Member Ujdak then called for individuals who may be opposed to the proposed ordinance. Mr. George Herendeen, a local attorney, spoke in opposition. He stated that the ordinance as a "wolf in sheep's clothing" since the entity who would benefit the most would be the University of Notre Dame. He referenced § 13.55.1 of the SBMC addressing "loitering" and said that that section was sufficient. He claimed that there are no other functions which the ordinance would address except Notre Dame football tickets. Mr. Herendeen suggested more study be done; that Mr. Dobbins of PJ's would be hurt by such an ordinance; that it would violate the commerce clause; and that it was only being proposed because of a special relationship to Notre Dame. He concluded his remarks by requesting that the Council table the measure. Mr. Jeff Kimmel, a local attorney, also spoke in opposition. He contended that there were sufficient regulations on the books currently. He cited a 1949 Indiana Supreme Court case which he contended authorizes ticket scalping. He voiced concern about taking the tickets when believed to be in violation and further noted that when you add all the extra fees which are required by the University that the actual cost for a ticket is $ 60 to $80 each. He suggested that zones be established where tickets could be hawked so that such activities could be removed from the residential areas. He concluded his remarks that he believed that the city would be inviting "racial profiling". As a part of the rebuttal, Council Member King asked the Council Attorney to briefly summarize his legal memorandum . She highlight a Connecticut decision affirmed by the United States Supreme Court and concluded that in her opinion the Council could move forward on sound legal grounds. (copy attached). Dr. Varner inquired about trespassing, obstruction of traffic concerns and obstruction of pedestrian concerns. Council President Pfeifer noted that inappropriate behavior.has resulted in disrespect for residents and their properties. This has resulted in compromising the quality of life, noting that civility has changed. Urinating on people's lawns and trashing their yards should always be unacceptable.