Law Makers Want Tighter Reign On gang Members
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posted by Bob at Tuesday, March 13, 2007
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Tuesday, March 13, 2007
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Previous Posts
- City Grape Vine; Racketeering Lawsuits.
- Pocket of Crime
- 7 Year Old In Fatal Choke Hold
- County Effort To Cut Gang Activity
- The Mortgage Lender Implode-O-Meter
- Finney Says He'll Cooperate But Not With Sheriff
- Black Leaders Claim Racism
- A Right To Bear Arms
- Minnesota Democrats Exposed.. BIG WIN FOR BLOGGERS.
- Saint Paul Issues and Forums Mission?
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Lawmakers want tighter leash on gangs
Everything from where members go to what they wear would be restricted
BY MARA H. GOTTFRIED and JASON HOPPIN
Pioneer Press
Two rival gangs in St. Paul can't seem to stop shooting at each other.
As the Selby Siders and East Side Boys fight over turf, girlfriends and drugs, one gang member has been killed and more than a dozen have been shot in the past 18 months, police said.
The gangsters terrorize neighborhoods and make people afraid to walk down the street, said Cmdr. Tim Flynn, who heads the St. Paul police gang unit.
They're exactly the kind of bad guys Flynn said authorities would target under a bill at the Legislature. The law would put a legal straightjacket on known gang members, potentially restricting where they go, who they hang out with and even what they wear.
"What it would do is give us an extra tool to go after these people when they're just loitering for an unlawful purpose or hanging out and preying on innocent victims," Flynn said. "Our bottom-line goal is to get these people off the corner and give the neighborhood back to the community."
Think of it like a protective order for an entire neighborhood, said Rep. John Lesch, DFL-St. Paul, who is sponsoring the bill in the House.
The law, which is being pushed by St. Paul officials, would allow cities to seek court injunctions against gangs.
"These are bad people who are committing bad acts. Whatever you can do to disrupt these organizations, whatever you can do within a constitutional framework, it's all good," said St. Paul City Attorney John Choi.
Only a handful of states have such sweeping laws aimed at gang activity. Under the proposal, a city could seek a court injunction against gang members if the gang commits five or more serious criminal acts within a year. If that happens, cities could ask a judge to declare the gang a nuisance and seek an injunction.
Under the injunction, based on the individual circumstances of the case, a judge would place restrictions on the gang, which the bill says must be "reasonable." In California, restrictions have included prohibiting gang members from associating with each other, banning them from parts of a city, forbidding them from wearing clothing with the gang's name or symbols, and telling them they can't be in possession of spray paint or other tools used for graffiti.
But why would gang members, who disobey laws with abandon, respect a civil injunction? That's not necessarily the point, backers said.
Lesch said police officers need probable cause to arrest gang members. But if they are clearly violating a court order, officers don't need to meet that standard.
"If you are disobeying the injunction, it's an automatic pickup," Lesch said.
The proposal is similar to laws that have been passed in Texas and California, where they have been used in several cities. In San Francisco, the city sought an injunction against the Oakdale Mob, a gang that operated in and around San Francisco's Oakdale housing projects. A judge declared a four-block "safety zone," where known gang members' movements are limited and they are forbidden to associate in most public places.
"It has had an absolutely wonderful effect on the safety zone," said San Francisco City Attorney Dennis Herrera. "People can actually sleep through the night without the sound of gunfire."
Because gang injunctions restrict some basic freedoms, including the freedom to associate, they have been attacked by civil liberties groups. In San Diego, for example, the American Civil Liberties Union sued over the standards for determining who is a gang member.
House Minority Speaker Tom Emmer, R-Delano, said he wants to reduce crime but worries the bill's language is too broad and won't stand up under constitutional scrutiny.
"I think there's an argument that the Minnesota Wild and the Minnesota Vikings fall under this bill," Emmer said, noting the violent nature of their sports and that teammates wear similar attire.
Lesch scoffed at Emmer's suggestion.
"If (Emmer's) suggesting that the Minnesota Wild and Minnesota Vikings are organized to participate in criminal activity, then I think the people of Minnesota would have a problem with that," Lesch said.
Charles Samuelson, executive director of ACLU-Minnesota, said there are already plenty of laws on the books to curb gang activity.
"We're not convinced that we need another bill," he said. "We could be wrong, but let's have more of a discussion."
The measure awaits a full floor vote in the Senate. In the House, it may be included in the global public safety measure this year. A spokesman for Gov. Tim Pawlenty said the governor hasn't reviewed the bill.
The Rev. Devin Miller, a longtime activist in issues involving young people and gangs, said the bill doesn't get to the real problem.
"The problem is kids are bored, the problem is drugs, the problem is lack of employment and housing," he said. "There are too many questions that go unanswered because we're looking for a quick fix to get kids off the street and we're not going deep enough."
Sen. Mee Moua, DFL-St. Paul, who is sponsoring the bill in the Senate, said it's apparent to her there isn't one solution.
"If there was a magic bullet to address the underlying problems of gangs, I don't think we would have to resort to creative means to address the symptoms of gang activity," she said. "I understand clearly that we're managing the symptoms, but I think that's better than not doing anything."
Mara H. Gottfried can be reached at mgottfried@pioneerpress.com or 651-228-5262.
Jason Hoppin can be reached at jhoppin@pioneerpress.com or 651-292-1892.
I am starting to wonder if there is any form of intelligence among our law makers.
These feel good ineffective laws are designed only to win the public over. They do NOTHING to help address our social ills.
I'm a landlord and I want to join one of these gangs. I can make a better living with less risk being with these guys than trying to run a lawful business. Anyone have any phone numbers to join up?
So part of the problem is lack of housing huh? Then where's this piece of shit minister been while the city has been throwing mniority people out into the street for nothing more than not being liked by their white neighbors?
Call code enforcement or the police department, they should be able to help you join one of these gangs in short order. They'll probably appreciate the increased business you will bring to them!
we all have seen how well protective orders work with abused women and now they want to practice their feel good law enforcement on the whole nieghborhood. I feel a lot safer now.
If you live in certain areas of St Paul you know that when you call the police for some of these gang/liveability crimes there is never anything they can do and always have some song and dance about why not, but heaven forbid if you have a torn screen or a bad piece of linoleum in a hallway, the city can turn your life inside out at the drop of a dime.
You guys realy try to give the city a bad name. Why don't you just stop it. It hurts to read your rantings.
It's really a sad day when this lazy cop is sayaing on one hand that the gangs are terrorizing the neighborhoods, and on the other hand supporting a law that he knows in his heart the only people ever prosecuted with it will be property owners. The ones who are terrorizing the neighborhoods is the government and their assault on property ownership.
THE ST PAUL CITY ATTRONEY IS MOUTHING OFF ABOUT WHAT ONE CAN DO WITHIN THE CONTITUTIONAL FRAMEWORK? HE OUGHT TO BE THE LAST ONE TALKING ABOUT THE CONSTITUTION!
Bob, you're worthless. This guy is a property owner and has several rentals around st paul. Mostly in areas where people are poorer than the rest of the city. Instead of talking with him and trying to get an ally with your weak and dying cause, you all go after him. A legislator who is also a city attorney that owns rental property across the city, why wouldn't he be in line to listen to your issues?
You got no skills for strategy and will always loose to your opponents. But, you'll always have this blog to run to and get your group hug.
10:03, he is also willing to pass a law that will violate civil rights.
I don't care if he is the largest rental property investor in the City and had donated thousands to our cause. He doesn't mind violating others rights with a stupid law that will make it easier for the police to just pick someone up "While Walking Black". I get it, this way he can pressure police to arrest blacks near his properties!
Let me explain something. I am not guided by ground rules in the property rights movement.
I set this blog up for anyone to voice an opinion because of another site I use to be a member of that tends to manipulate the voters.I didn't like it and they didn't like me and the truth so here it is A Democracy.
If the landlords are wrong please someone come forward with what you believe to be the truth. I don't see that. All I ever see is a bunch of personal attacks like the comment you left to try and discredit me and this blog.
One dirty stink-in scandal after another has come to light here. And I am not just talking about the RACKETEERING lawsuits.If you are a regular you know what I am talking about.
I am very proud of this "Town Hall Meeting". It has become more than a place for citizens to blow some steam. This "Town Hall Meeting" has also become a place where government officials have taken comfort in the security of anonymity. This has been very beneficial to the public and those that feel the need to vent their frustrations.
You see there is many good people in government and they don't like what is going on anymore than the average Joe's here.
I will email John Lesch and Mr.Choi. And let them know we are discussing this issue.
Critics say a Minneapolis law criminalizes walking while black
What Lurks Beneath?
Image by James Dankert
City Pages
http://citypages.com/databank/28/1369/article15168.asp
by Mike Mosedale
February 28, 2007
The way Lance Handy tells it, he was just minding his own business, buying a pack of smokes from a corner store at Park and Lake in south Minneapolis, when the cop approached him.
"What are you doing here?" the officer asked.
"I just went to the store to buy cigarettes," Handy answered.
"You know, this is an area where drugs are being sold," the cop replied.
"Okay," Handy said, "But this is an area where people buy food and go shopping, too."
Evidently, Handy's explanation didn't help. After being frisked, he was placed in the squad car and driven to the precinct house, where he was charged with violating section 385.80 of the Minneapolis City Code, more commonly known as the "lurking law."
The ordinancewhich runs just one sentencemakes it a crime to "lurk, lie in wait or be concealed" with the intent to commit a crime. But Guy Gambill, a criminal justice advocate, has a simpler explanation: "It's standing on a corner after ten o'clock at night when you're black."
As any first-year law student knows, proving intent can be tricky. In Handy's case, prosecutors didn't even try. After Handy made two court appearances, the charge against him was abruptly dropped.
Such outcomes are hardly unusual. A review of low-level crimes in Minneapolis by the Council on Crime and Justice found that approximately 78 percent of lurking charges wound up being dismissed.
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Still, the charges carry a price. Gambill estimates that a typical lurking bust costs taxpayers about $75-$500 for the booking fee and $250 for a night in jail, plus four hours of wages for the cops who make the arrest.
And Gambill says the lurking ordinance is disproportionately applied to young black men such as Handy. "This ordinance is so damn vague you can't even get law enforcement to explain what the basis for charging is," Gambill says.
According to Minneapolis Police Department records, police have made 800 arrests or citations for lurking since 2003. Of those arrested, 58 percent were black, compared to 26 percent who were white.
But after examining a subset of the data, Gambill became even more convinced of a bias in the system. Of the 103 people charged with lurking who were homeless, all were African American. Which is why, in a recent meeting with Assistant Police Chief Sharon Lubinksi, Gambill quipped: "I'd like to talk about the racial disparity, but that requires at least two races being involved."
Lubinski bristles at the accusations of racial bias, defending the ordinance as a "useful tool." She says there's a good reason that blacks are overrepresented in the sample: They make up 80 percent of the homeless population in Minneapolis.
"This isn't just some racist cop," Lubinski says. "It is citizens calling us and saying, 'Hey, there's a guy trying all the car doors in the parking lot.'"
Indeed, the MPD's most recent analysis of lurking charges found that about one-fifth of the arrests were related to suspicion of motor vehicle burglary.
Lubinski referred questions about the high dismissal rate to prosecutors in the city attorney's office, who didn't return phone calls for comment. Still, Lubinksi says people shouldn't jump to conclusions.
"Just because charges are dropped doesn't mean they're not valid," she says. "It just means we don't have enough resources to get a conviction."
But that explanation doesn't impress Second Ward City Council member Cam Gordon, who is planning to introduce a measure next month to repeal the lurking law.
"I'm very concerned about laws that are so loose and so general that they can be applied in a discriminatory manner," he says.
City Council President Barb Johnson expects there will be considerable opposition to any effort to repeal the ordinance. While acknowledging that the low conviction rate doesn't look good, Johnson says that alone isn't reason enough to strike the lurking law from the books.
"I wouldn't want to throw out a useful tool because officers aren't always clear about why they are citing someone," Johnson says, adding that, as a council member, the most common phone complaint she gets is "about people who are hanging out on the corners."
Johnson also says she's "tired of all those old arguments" about racial disparity. "If you're the person who is waiting for the bus and is frightened by someone who is lurking, what validity does that have?" she asks. "Are we supposed to ignore all this stuff and just turn the city over to the creeps? Apparently, that's what some folks want."
Yet in Handy's view, attitudes like hers are a big part of the problem.
"Young black men like me are just perceived as thugs," he says. "And if you're in a neighborhood where there is some criminal activity, you're harassed on a daily basiseven if you're not involved."
ONE MORE THING- I brought 4 minorities to the Bruce Vento neighborhood meeting. ALL of them had been harassed for "Walking While Black".
Councilman Helgen expressed his concern!
I hope others follow suit.
And that is all Helgem will do is give you some phoney lip service bullshit and then laugh at you behind your back. Mayor Coeman taught him how to "fake interest."
He knows who you are and where he can find you. Have you heard anything from himm since that meeting about his concerns. Hell no, you have not, and you will not cause Helgen is just another skumbag politician like the rest down there who'd lie to their mother to benifet themselves. If ya caught him in the lie and called him on it he'd probably tear down your house~
He expressed his concern?
Most of the minorities that turned out for his precinct caucus are against him and want someone else there. Maybe Lee should tell them he's "concerned". Oh, nevermind, he's too busy trying to purge them from voting.
Bob,
You stated, Councilman Helgen expressed his concern!
Well having worked with and around several city council members including Lee Helgen, I can tell you Lee is only concerned with what is best for Lee.
City hall is reading your posts. Some members of the council are not too happy with you (Kathy, Lee, Dave and Jay).
Say don't we have a no smoking policy in public buildings. Better tell Dave Thune about this, the janitors who clean his office tell of cig butts in Dave's office waste basket and the big ash tray that is located in his desk. Oh well rules do not apply to those who make the laws.
Bob, keep up the good work you do and maybe Tim Nelson or Jason Hoppin will report on it (if their boss let them).
Next, Kathy and company will be taking away the St. Pats parade from us just like she banned the Easter Bunny fron city hall.
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