[WB-Discuss] FW: Something wicked this way comes.

[Owen Broadhurst]

Gary Hicks already posted this to the Needtoknow list-

but this is something that should be more widely forwarded!

==============

Obviously, there's racial prejudice behind this ordinance. More than that, 
however, during a time when police right here within the Bay State have been 
targetting a GPUS official who has served on the Green-Rainbow Party's 
administrative committee, during a time when police have been video-taping a 
former GRP co-chair during political demonstrations, during a time when the 
ghost of Louise Hicks has returned to re-segregate Boston schools, we need 
to see this for what it is:

This is a so-called Anti-Loitering Ordinance.

But!:

It should more properly be called:

The Racial Segregation and Political Repression Ordinance.

STOP IT NOW!!!


----Original Message Follows----
From: "Fowlkes, Lorraine" <Lorraine.Fowlkes at ci.boston.ma.us>
To: "'ChuckTurnerDaylightNetwork at yahoogroups.com'" 
<ChuckTurnerDaylightNetwork at yahoogroups.com>
Subject: Something wicked this way comes.
Date: Fri, 29 Oct 2004 16:11:04 -0400

  Welcome to the Chuck Turner Daylight Network:  The Antidote For The
Apathetic

Provoke thought !     Speak truth to power !     Pass this on !



BOSTON CITY COUNCIL PUBLIC HEARING ON NOV. 4, 2004 -- (11:00 AM)

Boston City Council's Committee on Government Operations will hold a public
hearing:
(Fifth Floor of Boston City Hall)  Christopher A. Iannella Chamber

**Docket #1310:     ((((((((((((( (ANTI-LOITERING ORDINANCE) )))))))))
PETITION FOR A SPECIAL LAW REGARDING PUBLIC SAFETY IN THE CITY OF BOSTON.

This matter was sponsored by Councillor Paul J. Scapicchio and was referred
to the Committee on Government Operations.  The Boston City Council is
considering a petition that gives unprecedented powers to the Boston Police
on the premise that the neighborhoods of <?XML:NAMESPACE PREFIX = U1
/><?xml:namespace prefix = st1 ns =
"urn:schemas-microsoft-com:office:smarttags" />Boston must be secured
against our children.<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" />

This petition is entitled the "Home Rule Petition" but is, in reality a
framework for marshal law.

  The Public Hearing is scheduled on THURSDAY November 4th at 11:00 a.m.

  This does not give us much time to organize.  Please circulate a copy of
this petition and organize to fill the chamber.    --Jamie Bissonnette

____________________________________________________________________________
____

This is the language of the Councillor Paul Scapicchio's

HOME RULEPETITION

CITY OF BOSTON
IN CITY COUNCIL
HOME RULE PETITION




WHEREAS, In many neigl]lborhoods throughout the City, the burgeoning
presence of criminal street gang members in public places threatens the
safety of law-abiding persons; and


WHEREAS, One of the methods by which gangs establish control over public
spaces is by loitering in thpse spaces and creating a climate of
intimidation that discourages law-abiding citizens from entering those
areas; and


WHEREAS, Loitering in public places by criminal street gang members imperils
the safety of I persons and property in the area because of the
drug-dealing, violent assaults, robberies, an4 vandalism that accompany the
established presence of such groups; and !


Members of gangs avoid arrest by committing no offense punishable under
existing laws when they know police are present, while maintaining control
over public areas ~ough their. continued loitering; and

WHEREAS,
WHEREAS, Current laws~0 not effectively deal with problems posed by gang
loitering as their enforce ent is predicated on the willingness of residents
to testify against gang member and drug dealers. Faced with comparable
circumstances, the City of Somervillel responded with the passage of an
anti-loitering law granting the Somerville Pqlice Department the authority
to more effectively address criminal gang activity; and


The Boston ity Council seeks to protect the safety and welfare of the
residents of, and visito s to, Boston's vibrant and diverse neighborhoods
and endeavors to provide the B ston Police Department with the legislative
authority needed to preserve the ity's streets and other public places so
that Boston's residents and
visitors may se such places without fear. THEREFORE BE IT


WHEREAS,
ORDERED, That a petitio~ to the General Court, accompanied by a bill for a
special law relating to th~ City of Boston to be filed with an attested copy
of this order be, and hereby is, apriroved under Clause 1 of Section 8 of
Article II, as amended, of the Articles of ~endment to the Constitution of
the Commonwealth of Massachusett~, to the end that legislation be adopted
precisely as follows, except for clerical o~ editorial changes of form only:


PETITION FOR A SPECIAL LAW RE: PUBLIC SAFETY IN THE CITY OF BOSTON
Section 1. Purpose.
The burgeoning presence of street gang members in public places has alarmed,
intimidated, and scared many law-abiding persons. Loitering in public places
by criminal street gang members, a method for intimidating lawlabiding
persons and asserting control over identifiable areas, creates fear for the
safety of persons! and property in the area because of the violence,
including unacceptably high rates of dIjive-by shootings, drug-dealing, and
vandalism often associated with such activity. Members of ctiminal street
gangs avoid arrest by committing no offense punishable under existing laws
when they know police are present, while maintaining control over
identifiable areas by continued loitering for criminal activity when they
know police are absent.

This Act provides the Boston Police Department with the legislative
authority that it needs to protect the public safety and re-open and
preserve the City's streets and other public places so that Boston's
residents and visitors may use such places without fear.


Section 2. Definitions.
Unless specifically indicated otherwise, the following definitions shall
apply and control in this Act.


"Criminal gang activity" sha~l mean an adjudication by reason of or a
conviction for one (1) or more of the following offens~s if the offense was
committed by two (2) or more persons or by an individual at the direction
of) or in association with, any criminal street gang, with the specific
intent to promote, further, on assist in any criminal conduct by gang
members: murder; manslaughter; assault; assault and battery; indecent
assault and battery on a child under fourteen (14) years of age; assault and
battery to collect a loan; assault and battery upon a public employee;
indecent assault and battery on a mentally retarded person; commission of a
felony for hire; indecent assault and battery on a person fourteen (14)
years of age or older; assault or assault and battery on an emergency
medical technician, ambulance operator, or ambulance attendant; assault and
battery upon a child; assault and battery upon an elderly or disabled
person; mayhem; assault with the intent to murder or maim; assault and
battery with a dangerous weapon; assault and battery with a dangerous weapon
on a victim sixty (60) years of age or older; assault with a dangerous
weapon on a victim sixty (60) years of age or older; attempt to murder;
armed robbery; assault with intent to rob or murder; assault with a
dangerous weapon in a dwelling house; use of firearms while committing a
felony; entry of a dwelling place with persons present within; robbery by
unarmed person; assault with intent to rob; stealing by confining or putting
in fear; assault or confinement of a person for the purpose of stealing a
motor vehicle; rape; rape of a child; rape or abuse of a child; assault with
the intent to commit rape; assault of a child with the intent to commit
rape; attempted extortion; kidnapping; kidnapping of a minor or incompetent
by a relative; drugging persons by kidnapping; use of poison with intent to
injure; assault with intent to commit a felony; assault or battery for
purpose of intimidation by using weapons; coercion of child under eighteen
(18) years of age into criminal conspiracy; burning or aiding in burning of
a dwelling house; burning or aiding in burning of a meeting house; burglary;
armed burglary; assaulting occupants while committing burglary or armed
burglary; unarmed burglary; breaking and entering; breaking and entering at
night; breaking and entering iin the day time; breaking and entering with
the use of or possession of weapons; breaking and entering into a dwelling
house; larceny by stealing from a victim sixtyfive (65) years of age or
older; larceny; carrying dangerous weapons; possession of a machine
gun or sawed-off shotgun; possession of a large capacity weapon or large
capacity feeding device or; possession or carrying of a firearm in violation
of the General Laws or any violation of chapter94C of the General Laws or an
offense similar to an offense included in this definition in violation of
the laws of another state, the United States, or a military, territorial, or
Indian tribal authority.


"Criminal street gangs" shall mean any ongoing organization,
association-in-fact or group of three (3) or more persons, whether fon11al
or informal, having as one (1) of its substantial activities the commission
of one (1) or more of the criminal acts enumerated in the definition of
"criminal gang activity" and whose members individually or collectively
engage in or have engaged in a pattern of criminal gang activity.


"Gang loitering" shall mean one who, with the intent to further the common
purpose or existence of a criminal street gang:

(i) engages in conduct with the intent to control identifiable areas which
renders such areas impassable without unreasonable inconvenience or hazard;

(ii) threatens to commit a crime;

(iii) defaces real or personal property in violation of section 126A of
chapter 266 of the General Laws;

(iv) intimidates another; or

(v) engages in disorderly behavior or a breach of the peace.


"Intimidate" shall mean putting in fear for the purpose of compelling or
deterring conduct.


"Pattern of criminal gang activity" shall mean two (2) or more acts of
criminal gang activity, of which at least two (2) such acts were committed
within five (5) years of each other.


"Public place" shall mean a public way or any other location open to the
public, whether publicly or privately owned.


Section 3. Designation and Enforcement.
The commissioner of the Boston police department shall by written directive
designate areas of the city of Boston for enforcement of this Act is
necessary because gang loitering has enabled criminal street gangs to
establish control over identifiable areas, to intimidate others from
entering those areas, or to conceal illegal activities. Prior to making a
determination under this section, the commissioner of the Boston police
department shall consult with persons who are knowledgeable about the extent
and/or effects of gang activity in areas in which this Act may be enforced.
Such persons may include, but not be limited to, members of the Boston
police department with special training or experience related to criminal
street gangs, other personnel of the Boston police department with
particular knowledge of gang activities in the proposed designated area,
elected and appointed officials of the area, and community-based
organizations.


The commissioner of the Boston police department shall develop and implement
written procedures for the periodic review and updating of designations made
under this Act.

Any police officer that observes members of a criminal street gang engaged
in gang loitering in  any public place designated for the enforcement of
this Act shall, subject to all applicable procedures promulgated by the
commissioner of the Boston police department:

(i) inform such criminal street gang members that they are engaged in gang
loitering within an area in which loitering by groups containing criminal
street gang members is prohibited,

(ii) order all such criminal street gang members to disperse and remove
themselves from within sight and hearing of the place at which the order is
issued,

(iii) inform those criminal street gang members engaged in gang loitering
that they will be subject to arrest if they fail to promptly obey the order
or if they engage in further gang loitering within sight or hearing of the
place at which the order is issued during the next three (3) hours.


Section 4. Gang Advisory Board.
The city of Boston shall create a gang advisory board which shall consist of
a representative of the city of Boston Human Rights Commission to be chosen
by such commission, a member of the professional standards office of the
Boston police department to be chosen by the commissioner of the Boston
police department, the corporation counselor his/her designee, a Boston city
councillor selected by the Boston city council, and three (3)
represe~tatives of the community, at least two (2) of whom shall be minority
representatives, selected by the mayor of the city of Boston and confirmed
by the Boston city council to serve for a two (2) year term.


The gang advisory board shall confer with the commissioner of the Boston
police department regarding the establishment of the written procedures set
forth in this Act and shall provide recommendations for the training of
police personnel regarding implementation of this Act, including issues
raised as a result of complaints, if any. The gang advisory board may make
recommendations to the mayor of the city of Boston regarding policies and
procedures to address gang Issues.


Section 5. Procedures and Regulations.
The commissioner of the Boston police department shall, by written
directive, promulgate procedures to prevent the enforcement of this section
against persons who are engaged in activities that are  protected by the
Constitution of the United States or the Constitution of the Commonwealth of
Massachusetts.


The commissioner of the Boston police department shall, by written
directive, promulgate procedures to identify current members of criminal
street gangs for updating criminal street gang records regularly including,
but not limited to, removing former members of criminal street gangs from
such lists. The commissioner of the Boston police department shall
promulgate regulations to ensure that any required notices under this act
are provided in a language reasonably calculated to be understood by the
alleged violator.


Section 6. Penalties.
Any person who fails to promptly obey an order issued under Section 3, or
who engages in further gang loitering within sight or hearing of the place
at which such order was issued during the three-hour period following the
time an order to disperse was issued, shall be punished by a fine of not
less than one hundred dollars ($100) and not more than five hundred dollars
($500) or imprisonment in the house of correction for not more than six (6)
months or by both such fine and imprisonment. A second or subsequent offense
shall be punished by a minimum mandatory sentence of not less than five (5)
days imprisonment in the house of correction.


Section 7. Forfeiture Proceedings.
Any property subject to forfeiture pursuant to section 47 of chapter 94C of
the General Laws shall be subject to civil forfeiture if used in any manner
or part, to commit or to facilitate a violation of this act. Civil
forfeiture proceedings shall be governed by the procedures contained in said
section 47 of chapter 94C of the General Laws, except that the final order
of the court shall provide that the proceeds of the sale of any conveyance,
real property, moneys, or other things of value forfeited under a court
order shall be used to pay the reasonable expenses of forfeiture
proceedings, including the cost of storage and custody, and the balance
shall be
distributed to the police department of the city of Boston.


Section 8. Severability.
If any provision of this act or the application of such provision to any
person or circumstance shall be held invalid, the validity of the remainder
of this act and the applicability of such provision to other persons or
circumstances shall not be affected thereby.


Section 9. Implementation.
This act shall take effect upon passage.

end