CNN: Loitering and teensQUOTE
SOUDERTON, Pennsylvania (AP) -- Borough officials are considering an ordinance that would make it illegal for groups of people to gather anywhere from public sidewalks to parks, with the threat of jail time for loiterers -- and, in the case of juvenile repeat offenders, their parents.
Local leaders say the loitering ordinance is needed to address what they say is a growing incidence of vandalism and other misbehavior.
...Borough Manager Michael Coll said the ordinance was proposed because downtown residents and business owners complained that loitering teens were intimidating potential shoppers.
"What the ordinance is designed to do is to give the police department a tool to help them move individuals along and try to restore a little better order in and around downtown," Coll said.
The proposed ordinance would ban loitering, defined as two or more people congregating in a place without permission and causing "discomfort or danger."
...Coll said loitering teens can hurt the borough's effort to lure new businesses as it pursues a downtown revitalization program. Currently, police in Souderton can order teens to disperse only if they're breaking curfew or engaged in disorderly conduct, he said.
..."We don't have a totalitarian regime in this country; people have the right to spend time on the streets with their friends and associates," Presser said. "The Supreme Court has repeatedly said that the streets belong to the people."
Eh, so they're trying to restore order downtown, yet they cite no disorderly incidents when attempting to make their case. Instead, they claim groups of people "indimidate" customers entering shops and that groups of teens are hurting the revitalization program for downtown. They go on to say that
currently, police can only disperse them if they are breaking curfew (subject of another thread) or engaged in disorderly conduct.
There's a novel idea... having to wait until somebody actually engages in disorderly conduct or commits a crime before interfering with or arresting them.
It seems to me that if groups of teenagers were truly "intimidating" shop customers, the police could already enforce current laws to disperse them. So why should they now have a loitering law with accompanying jail time and fines of as much as $1,000?
While I don't live in Souderton, it sounds to me as though this is a law being proposed strictly for economic reasons (luring businesses) rather than real reasons of disorder or danger requiring law. Question(s) for debate:
Should people be subject to arrest and fines for simply gathering in groups, without disorderly conduct?
Does this or does this not infringe on the right to peaceably assemble, as granted to every American?