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Montgomery County Debate: Target Teens or All Who 'Prowl' After Hours?

Some raised concerns about potential racial profiling and the vagueness of a proposed anti-loitering and prowling bill.

 

The ACLU Tuesday night called a proposed anti-loitering law in Montgomery County problematic and vague but other community leaders said it is a better way to curb youth crime than a teen curfew.

The Montgomery County Council heard from stakeholders about the measure at a public hearing.

Council members George Leventhal (D-At Large) and Phil Andrews (D-Dist 3) proposed Bill 35-11 in October as an alternative to a controversial teen curfew introduced by County Executive Isiah Leggett in July. 

The anti-loitering bill prohibits certain loitering and “prowling,” while the teen curfew makes it a civil offense for residents under the age of 18 to be in public after midnight on weekends and after 11 p.m. Sunday through Thursday. Youth can be issued fines of up to $100 if they ignore police warnings.

Andrews, a vocal opponent of the curfew, along with Leventhal, wrote a bill that prevents anyone from being in a public space “at a time or in a manner not usual for law-abiding persons under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of the persons or property in the vicinity.” 

In a memorandum to the County Council dated Oct. 19, Andrews, who chairs the council’s public safety committee, wrote:

“Unlike a youth curfew, a loitering and prowling law wouldn't discriminate based on age, wouldn't be limited to late-night hours when a small percentage of youth crime and overall crime occurs, and would target criminally suspicious behavior by anyone, rather than making it illegal (with exceptions) for certain people (youth) to be in public after hours.”

Opponents of the loitering bill said the measure would criminalize innocent people and could result in racial profiling. 

Montgomery County ACLU Co-Chair Mike Mage testified that the bill is too vague and doesn't let people know what is prohibited and what is permissible under the law. The result, he said, would be detaining people without probable cause.

Rebecca Smondrowski, executive board member of the Montgomery County Council of the PTA, said she supports the loitering bill.

“It is a measured and targeted approach to addressing suspicious or menacing behavior that is a threat to people or property and allows the authorities to use their discretion in addressing possible issues,” she said at Tuesday’s hearing.

Andrews says Bill 35-11 is written as a “reform effort” and modeled after laws in Florida, Georgia and Wisconsin.

The public safety committee will continue to discuss the anti-loitering bill at a meeting on Thursday, Nov. 17 at 9 a.m.

Related Topics: anti-loitering bill and teen curfew

Theresa Defino

10:14 am on Wednesday, November 16, 2011

I do not believe the MCCPTA has taken any position on the loitering bill, so the speaker was not representing the organization's views.

The MoCo police union opposes the curfew bill as unenforceable due to a lack of manpower and a diversion of resources from serious crimes. I expect they would feel exactly the same about the loitering bill.

Both are bills in search of a problem they can solve. The issue was, and remains, gangs in Silver Spring, which neither bill addresses.

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Max Etin

11:57 am on Thursday, November 17, 2011

Ms. Smondrowski very clearly stated at the beginning of her testimony that she was at the hearing to testify on her own behalf as an individual citizen and was not representing MCCPTA with her testimony. The official list of people testifying for the hearing also lists her as an individual, not representing any organization.

Charles L.Garris

11:58 am on Wednesday, November 16, 2011

I hope the Bill helps prevent crime in the County. It's about time. Maybe it will help eliminate much of the theft, vandalism, armed robbery, and home-breakins.

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Theresa Defino

12:23 pm on Wednesday, November 16, 2011

Don't hold your breath! The bills target anyone standing around in public places--NOT criminals. The headline is actually kind of funny.

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Charles L.Garris

12:58 pm on Wednesday, November 16, 2011

Parden me Theresa! But, did you download and read the 8-page Bill? It does not "target anyone standing around in public places" When did you last take a long stroll throughout Silver Spring and/or Wheaton after 11:00pm any day of the week and see the bums, drunks, groups of 6-8 rowdy/noisy teens simply loitering on corners, in doorways, strolling through darkened parking lots, or hanging around your local bus stops? Try it sometime. Try walking to McDonalds, the local 7-11 or Post Office after midnight. Peace!

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Jeff Hawkins

1:22 pm on Wednesday, November 16, 2011

Charles,
With all due respect, you can see those very same scenes you describe anytime of the day, they are not specific to night time! Some areas are going to have more problems than others regardless of curfews or laws, that's life and that's just the way it is.
Don't go the 7-11 or Post Office after midnight.........

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Theresa Defino

3:03 pm on Wednesday, November 16, 2011

Hardly sounds like any of the those folks are committing crimes, except maybe public drunkenness, and there's already a law against that. Yup, sure did read it. You also made my point about both bills--they aren't needed in the rest of the county. When I have a real emergency, I sure hope the authorities aren't delayed because they're dealing with "rowdy teenager" or "bums."

Cathy Drzyzgula

4:14 pm on Wednesday, November 16, 2011

MCCPTA does oppose the curfew:

http://www.mccpta.com/testimonies_dir/2011-2012/Press_Release_2011-12_Priorities.pdf

I agree that both bills have problems, do not directly address the problems they are intended to address, and target the whole county for issues most prevalent in certain areas.

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Theresa Defino

4:35 pm on Wednesday, November 16, 2011

Thanks, Cathy. Isn't it odd that an MCCPTA "board executive" was testifying for the loitering bill?

Woody Brosnan

6:40 pm on Wednesday, November 16, 2011

More teens would be at risk under the loitering bill than under the curfew, especially if they just like to hang out in front of a business. This gives the business owner the right to call in and complain. So the teens without cash in their pocket would be targeted. Also targeted would be day laborers who wait in front of 7-11's and Home Depot stores for contract work. It is a far more expansive intrusion than a teen curfew, which would be enforced in those rare instances when the police want to break up a potential gang fight or keep a solo teen from becoming a victim.
Woody Brosnan, concerned Silver Spring resident.

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Susan Burkinshaw

7:57 am on Thursday, November 17, 2011

To clarify why MCCPTA opposes the youth curfew bill, there are several reasons, but primarily because so many of our county schools fall within incorporated boundaries where the law may not be applied by those jurisdictions, and therefore be uneforcable, so it potentially could target youth in only a few targeted areas of the county.

As a small business owner in Germantown, in a shopping center across the street from Northwest High School, we often have issues with youth skateboarding in front of our business, or simply hanging out in front of the empty storefronts. Although we have built a positive relationship with these kids and are generally able to encourage them to skate elsewhere, there are times that we have had to call the police. Without a curfew or loitering law there are ways police officers can address these issues currently--be it with youth or adults. If "no loitering" signage is present, as it is in our center, they can enforce loitering issues now.

Although the new laws may be additional tools in the officers belts to use against crime, we should question whether or not we really need them, or can we figure out ways under the current laws to effectively battle these issues (i.e., additional enforcement in problem areas, and other positive, proactive interventions).

Not to mention, parents--do you know where your kids are?

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Theresa Defino

10:35 am on Thursday, November 17, 2011

I believe you are misrepresenting MCCPTA's position. The resolution never mentions schools or jurisdictional areas. It states that gang violence is already being handled and that it is not a countywide problem. Your statement implies MCCPTA would support a county-wide curfew, which would not appear to be the case.

Jeff Hawkins

9:45 am on Thursday, November 17, 2011

I'm curious.......I'm most likely out of touch with today's youth and what they are doing. I'm wondering though? Does the county, city or state or private group provide "any" outlets for teens these days? Do they have any place to go to "hang-out"?
Growing up in Rockville we had Teen Centers, Rec-Centers and things like that. I remember two clubs in Old Rockville, one being called "The Risk" (@the old Stern's Furniture store) and the other one was "The Experiment" (@ the old F.W. Woolworths). These all were great gathering sites for Rockville's youth. Does anybody do that anymore?

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Theresa Defino

10:35 am on Thursday, November 17, 2011

This is what the resolution in opposition states:

WHEREAS, all parents want their children to be safe.
WHEREAS, the County Executive, Ike Leggett has proposed a limited curfew aimed at teens “to improve the safety of juveniles, the safety of residents and visitors to our increasingly urbanized communities, and to reduce juvenile-related crimes.”
WHEREAS, there has been a 50% decline in gang-related crime from 2008 to 2011, which shows that current strategies are working without punitive measures. State-wide grants since 2008, after-school programs and supports, and people such as Luiz Cardona, Montgomery County Violence Prevention Coordinator, have demonstrated positive ways of combating gang activity and crime instead of through punitive measures for all such as a curfew.
WHEREAS, laws already exist for police to deal with suspicious behavior. Imposing a law on the entire population of Montgomery County youth when the culprit exists in a small segment of the county is unjustifiable. In addition, the ten exceptions that Mr. Leggett have made it difficult to enforce a limited curfew with consistency (such as when on an errand at the direction of the parent or guardian without any detour or stop until 12:30 a.m.)
THEREFORE, MCCPTA resolves that MCCPTA opposes a youth curfew, yet supports continuing efforts to combat crime through positive prevention programs and supports.

http://www.mccpta.com/resolutions/2011-2012/Approved_Nocurfewresolution.pdf

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Jeff Hawkins

10:48 am on Thursday, November 17, 2011

Good information............thank you for posting it.

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Corbin Dallas Multipass

12:10 pm on Friday, November 18, 2011

Theresa - way to cite the source, thanks.

Woody Brosnan

12:27 pm on Thursday, November 17, 2011

woody brosnan wrote,

The MCPTA resolution distorts the picture of what is going on in the county. · In the past 4 years, while adult arrests in the county have decreased, juvenile arrests have increased 70% from 1548 to 2626.
· In the past year, there has been an increase in gang members from 1236 to 1381, and serious (Part I) crimes by gang members has increased by 25%. The opponents of the curfew completely ignore two facts. State law already prohibits 16 and 17-year-olds from driving after midnight. And PG and DC have curfews that apply all to all youths, including those from Montgomery County, and that our police have been told by gang members that they are coming to parts of our county as a result.

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Woody Brosnan

4:40 pm on Friday, November 18, 2011

Montomery county police in both cases if your are referring to the statistics. If you need a citation on driver's licenses go to the state website. I also suggest you call the web site and ask to sign up for your district's weekly crime update. It will be very instructive on when crimes are committed and by whom. It is true that most home burglaries occur in the afternoon when people are home. But a lot of street crime still occurs late at night. As for the concern about the curfew not being county-wide, any jurisdiction would have the opportunity to join in the curfew.

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Theresa Defino

8:29 am on Tuesday, November 29, 2011

I learned last night that the curfew bill is dead. Not enough votes. Hooray!

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