COUNCIL TARGETS GANGS, DRUGS

Ordinances Would Allow Police To Order Dealers To Leave Designated Hot Spots

PEORIA - It may be one of the first steps to making life a bit more
uncomfortable for criminals in the city.

The City Council is reviewing proposed ordinances that would prevent
known gang members or suspected drug dealers from congregating with
others on city streets, sidewalks and other public places.

The proposed anti-gang and narcotics loitering ordinances aim to
prevent gang members from intimidating and exercising control over
neighborhoods and also to stop "spotters" on the street from
directing customers to drug dealers.

The ordinances would be in effect only in selective "hot spot" areas
where gang or drug activity has been documented through police
reports, surveillance or other means, Police Chief John Stenson said
Friday. Likewise, they would apply only to people shown to have
engaged in such illegal activities.

Those hot spots, which would be designated by Stenson with input from
police officers and community leaders, could be changed after
periodic reviews.

"It's not trying to stop people from standing on the street corner,"
Stenson said. "If you're on that corner for the purpose of directing
people to the drug house, that's what it stops."

The ordinances would allow police to order gang members or drug
dealers to leave an area - out of sight or earshot - for at least
three hours or face arrest and fines up to $500 or six months in
jail. A second offense would net a mandatory five-day jail sentence.

The city already has attempted to keep a group of men from a
four-block area on the South Side by declaring them public nuisances
and seeking permanent injunctions. New ordinances would build on the
concept, making it applicable to more people and places, city
attorney Randy Ray said.

Also, police could immediately disband groups without having to go to
court to proceed, as is required under an injunction, Stenson said.

The proposed ordinances grew out of 1999 recommendations by Peoria's
now-disbanded Gang Task Force and are patterned after ordinances that
have been successful in Chicago, despite constitutionality issues,
Ray said.

An original version of the Chicago law was ruled unconstitutional by
the U.S. Supreme Court. It later was revised to address
constitutionality problems, he said, but more constitutional
challenges are expected.

If approved in Peoria, police and legal staff would have to undergo
extensive training to avoid violating rights or engaging in profiling
when enforcing the new laws, Stenson said.

Still, at-large Councilman Eric Turner said Friday he is concerned
there's potential for things to be pushed too far, to the point of
racial profiling on the South Side.

"Whatever we do, I want to make sure it's fair," he said. "We've got
to make sure as a council that if we (pass the ordinances), we have
to be responsible for overseeing it so we don't overstep the bounds."

Fifth District Councilman Patrick Nichting, who was co-chairman of
the Gang Task Force, said something must be done to deter crime.

"The facts are that we have the highest crime rate in Illinois. The
crime rate is not going down as in other communities. The police need
another tool," he said.

At-large Councilman Chuck Grayeb, who also co-chaired the task force,
said the council must weigh what it can legally do to provide
neighborhood security without invading constitutional rights.

He said the city needs to focus on targeting the 30 to 40 public
nuisances that "are turning this community upside down." That
approach has been found constitutional.

However, he said he'll keep an open mind about new ordinances if they
are shown to be constitutional and effective tools for stopping gang
and drug activity.

Mayor Dave Ransburg said the council and city staff will review a
whole range of ways to control crime this year. The proposed
ordinances are expected to be voted on this month.