06-24-02 Council Meeting Minutes

Home Browse Search

REGULAR MEETING JUNE 24, 2002 ordinance which was passed. This was the first of three (3) quality of life ordinances. The second quality of life ordinance was passed last year and it dealt with panhandling. It was discovered that the panhandlers were not just local citizens but were professional panhandlers who literally drove around in caravans. They would come into a city and hit it hard. They were very aggressive and intimidating. The third quality of life ordinance, the loitering ordinance, would be a more challenging ordinance as it touches some of our sensibilities and scares us a little bit. Councilmember Pfeifer noted that in the last two (2) years New York had a couple of high profile cases that involved the New York police and citizens of color and again the whole issue of racial profiling spread across the country and shed a bad light on all law enforcement whether they did anything or not and also on politicians that were trying to pass these quality of life ordinances. At the second Loitering Conference individuals were brought in from Chicago and included the attorney who argued before the Supreme Court and the police officers that implemented the loitering ordinance as well as the ACLU. Councilmember Pfeifer advised that she and Council Attorney Kathleen Cekanski Farrand conducted nine (9) different neighborhood presentations on loitering in order to get input. Some individuals supported the ordinance, and some did not. Councilmember Pfeifer noted that during the committee meeting held this afternoon some additional information has come to light. Therefore, the Council will not vote on this ordinance this evening as there are many individuals present this evening regarding this ordinance and the Council desires to give those individuals the opportunity to provide their opinion of this ordinance and because it will be refined to make it an ordinance that the Council can feel strongly about and can support. Council Attorney Kathleen Cekanski - Farrand offered a time frame to show the work that has gone into drafting this ordinance which is not only reflective of the community but is one that is usable and is a win win for all individuals and entities that are involved. Attorney Cekanski- Farrand noted that in 1992 the City of Chicago passed their first gang loitering ordinance which was in effect for several years before it was challenged on a constitutional basis. The City of South Bend had the privilege of having Mr. Larry Rosenthal, Associate General Counsel from the City of Chicago, who argued before the Supreme Court, at the second Loitering Conference. Asa result of the 1999 U.S. Supreme Court 6 -3 decision, the Court held that the City of Chicago's ordinance that was passed in 1992 was unconstitutional in light of it being overly broad and vague in certain areas. As a result of that decision, three (3) Supreme Court Justices set forth a roadmap to how this ordinance could be legally done and enforceable. At that point, the City of Chicago rewrote their ordinance and it was passed by the Chicago City Council on March 17, 2000. Police officers had several months of training before the ordinance took effect in August of 2000. Since that date the City of Chicago has issued almost six thousand (6,000) dispersal orders, have dispersed almost twenty -four thousand (24,000) individuals and have arrested two hundred fourteen (214) individuals. In March of this year the Chicago ordinance was again constitutionally challenged and was upheld by the Circuit Court of Cook County as being constitutional. The justices specifically identified that the revised ordinance addresses those concerns of the U. S. Supreme Court in the roadmap provided in 1999. Attorney Cekanski- Farrand noted that as part of the background to make sure that there is a proper record, materials were provided to all the people that attended the various conferences which sets forth the neighborhood concerns that were set forth in verbatim transcripts. The proposed South Bend ordinance is similar to the Chicago ordinance since it comes from neighborhood concerns. Attorney Cekanski- Farrand noted that the neighborhoods are initiating this ordinance and driving it and the Council is responding to those needs. Attorney Cekanski - Farrand noted that the ordinance addresses five (5) areas. The ordinance will focus on first establishing control over identifiable areas in the City so that gang and drug hot spots can be taken back by the neighborhoods and once again be enjoyed by the residents and those who travel to South Bend. Secondly, the ordinance will focus on deterring and preventing intimidation of law- abiding citizens by gang members. Thirdly, loitering which has a harmful purpose or effect is what will be focused on. Gang loitering is where you are remaining in one place with an apparent purpose or effect of establishing control over an area intimidating others from entering that area and concealing alleged illegal activities. Narcotics related loitering is where loitering has an apparent purpose or effect of facilitating illegal drug activities. The fourth goal of the ordinance is to address -5-