08-26-02 Council Meeting Minutes

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REGULAR MEETING AUGUST 26. 2002 in our neighborhoods. Ms. Spaulding told the Council this ordinance is needed so their neighborhoods have something to fight with. Mr. William Sagendorf, residing on the southeast side of South Bend on Indiana Avenue, indicated that he was curious about this ordinance in that he lives across from Honeymoon Park at the corner of Lebanon and Indiana Avenue. He informed the Council that every spring and summer the park is taken over by gangs with members in the 25 -35 year old age range. He noted that there are anywhere from fifty (50) to two hundred (200) people at a time in that park. They sit along the side of his property drinking beer and throwing their trash on his property. He noted that he sees drug dealing going on in every one of their cars and there is nothing that he has been able to do about it. Mr. Sagendorf stated that he would like to see this ordinance passed because it is a shame that a person cannot come out of their own house. He further noted that these individuals have threatened to burn down his house. In conclusion, Mr. Sagendorf informed the Council that he would appreciate their passing this bill tonight. Mr. Charles Leone, City Attorney, 1400 County -City Building, South Bend, Indiana, informed the Council that the Legal Department has worked with the Council Attorney in designing and revising the language of this bill and he believes that the language makes it more effective now in its substitute fashion. There are a number of provisions in the bill which have been criticized for being not sufficiently strong but he believes that this ordinance needs to be considered as a tool along with many other tools available to the Police Department and neighborhoods in order to effectively enforce the laws in the City. The Legal Department is committed to working with the Police Department on training. He noted that there is a window between now and the effective date of the ordinance and somewhat thereafter because he does not expect this type of behavior in the middle of the winter but they will work together to develop techniques to make sure that the ordinance is enforced appropriately. There was no one else present wishing to speak in favor of this ordinance. The following individuals spoke in opposition to this bill. Ms. Rita Kopala, Lakeville, Indiana, no address given, advised that she is an elderly woman who has worked hard all of her life and owns a one hundred fifty (150) acre farm. Ms. Kopala recounted for the Council her two (2) incidents of being arrested. She advised that she is telling the Council her story because the police of South Bend also picketed the same places she did but did not get arrested. This makes her very angry for someone who has not broken the law. Ms. Kopala stated that she would like to give her opinion of this bill. If a person has done nothing wrong in 1999 and 2001 and was arrested anyway and now has a record she believes the Council should pay attention. She noted that she has talked to many people and she has rights and if the Council thinks that there is anything that is not going to happen to people like her in the future if it happened without this law it can happen again. She stated that too much power to the police force is not good. Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he is in favor of law and order but at the same time, being a man of color, he realizes the effect of loitering laws dating back to the Jim Crow era and the type of people that are usually a target. He asked the Council to be careful with the way they handle this ordinance. He stated that he knows that there is a problem but suggested that the City should have a basketball center that was open city wide where individuals had a choice of going to the gym. He stated that people see guys together and they look like gangs and thugs and they are going to act like that because they are trying to impress their peers but they need a place to go. With everyone playing basketball now and with the push of basketball on television there is a lure of it being appealing. If these individuals had an alternative he would be all for it but right now with a good conscience he knows what is going to happen. Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, noted that the phrase quality of life reminds him of feel good legislation and he is skeptical of the fact that this ordinance has supposedly emerged from a handful of eighty (80) year -old women who are complaining about this type of behavior in their neighborhoods. He believes that if they had those concerns and called the police they would probably get some action. Mr. Cierzniak also stated that he is sympathetic to a