DRUG USERS ARE TARGETED IN FOSTORIA

FOSTORIA - Taking aim at drug dealers and users, city council is
considering expanding Fostoria's anti-loitering ordinance to make it easier
for police to arrest them.

The proposed ordinance, which received a first reading at council's meeting
Tuesday night, would prohibit people from occupying public spaces to engage
"in conduct which reasonably manifests his or her specific intent and
purpose to engage in drug-related activity."

Violators would be guilty of a fourth-degree misdemeanor.

Mayor John Davoli said the anti-loitering legislation is just one step in a
campaign to stamp out drug sales and other crime.

City police officers drive patrol cars painted black-and-white to make a
"bold statement" to would-be criminals.

Drug raids have been stepped up. And recently, several streets, corners,
and alleys received extra-bright streetlights.

"The new loitering law, that's not going to solve all our crime, but all
these little things that we do, in the long run it's going to save us," Mr.
Davoli said. "It's not a cure-all by any means ... but the police officers
we talked to, they like this because it opens the door for them."

The proposed ordinance is based on one enacted by the city of Sandusky in
1996 to combat drug sales. That ordinance has survived legal scrutiny, and
Fostoria officials think theirs will too.

"That appeared to us to be the most followed legislation," Ms. Wolph
Roshong said. "When loitering is the issue, everyone knows you have a right
to gather in public places, so you have to be very careful in how you draft
it. We're hoping we gave our officers a little boost to go after people
they know are acting with criminal intent to sell or possess drugs."

The measure lists nine circumstances under which someone in a public place
could be considered in violation, provided at least two of the conditions
exist. They include:

Being a convicted user, possessor, or seller of illegal drugs.

Appearing to be under the influence of drugs.

Being under a court order that bars a person from being in a "high drug
activity" area.

Repeatedly passing or receiving money or other objects commonly used in
drug sales.

Fleeing or trying to hide when an officer appears.

Trying to hide any object that has characteristics "consistent with drug
material."

Being seen in possession of drug paraphernalia by an officer.

Congregating in an area known for frequent drug use and trafficking.

Knowing that the place involved has been reported to police as a site of
drug activity.

Ms. Wolph Roshog said the requirement that officers find two or more
instances pointing to drug activity is intended to bolster the ordinance
against legal challenge and ensure convictions.

"I believe that it holds up in court better if there are two," she said.
"The more that you have, and the more conduct that appears to be illicit or
illegal, you have a stronger ability to actually convict that person of
what you are attempting to get them on."

Council members appear to favor a crackdown on loitering.

"We're going to try it," said Teresa Lee, who represents the 3rd Ward.
"Anything to help."

Ms. Lee said some residents in her district, which includes downtown, have
called police to complain about groups of people hanging out on city streets.

LaVerne Anderson, who represents the 2nd Ward, said the measure would help
keep loitering and drug use from worsening. "We really have a nice town,
and, like anywhere else, we do occasionally have bad elements where you
have to change laws or do what is necessary to eliminate the problem," she said.