ROYAL CITY REPEALS BAN ON TRAFFICKERS

The bylaw restricting where drug dealers can go in the city faced a court
challenge.

A section of a New Westminster bylaw that restricts convicted drug
traffickers from specified areas of the city was repealed by city council
Monday night.

The B.C. Civil Liberties Association had filed a court challenge to the
bylaw, declaring the drug trafficking section "repugnant" and "unacceptable"
because it restricted a class of citizens.

New Westminster Chief Constable Peter Young, whose department helped prepare
a report recommending the bylaw be repealed, said earlier Monday that
amending the bylaw was not a response to the association's court challenge.

Young said that some provisions of the Public Nuisance bylaw are no longer
required because the drug-trafficking problems have been "virtually
eliminated" from the areas in question.

"We're not backing down one bit on drug crimes," Young told The Vancouver
Sun. "We simply felt this was prudent since we haven't used it enough to
warrant its inclusion."

Both Young and the city solicitor, Michael McAllister, said they had been
considering amending the bylaw for some time.

But several council members said Monday that the reason behind amending the
bylaw now is also to avoid a costly court action to defend their position.

Councillor Jerry Dobrovolny said during the council meeting Monday night a
legal battle could be costly to the city.

Council said it had the option of reverting the bylaw back to its original
form if the concerns surrounding the drug problem were ever to arise again.

The 1998 bylaw prohibits anyone who has been convicted of dealing drugs in
the past year from loitering in downtown New Westminster, the 22nd Street
SkyTrain station and the 12th Street commercial corridor. It also considers
several actions ticketable offences such as: offensive littering, creating
graffiti, urinating and defecating in public places and obstructing another
person or people.

Police could write a $100 ticket to anyone found in the restricted zone.
However, Young said no tickets had been issued since officers had opted to
hand out warnings or usher people out of the area.

Young attributed the cleaner city streets to the use of a special street
crime unit, more visible foot patrols and the stricter regulation of some
problematic businesses.

Young noted that the Public Nuisance bylaw does allow convicted drug dealers
to attend school, appointments for medical services, counselling and places
of employment or residency.

Many business owners in New Westminster have supported the bylaw banning
drug dealers, and said the B.C. Civil Liberties Association's legal
challenge was unwarranted.

Councillor Casey Cook said while he agrees with the role the association
plays in society, he objects to the way they approached the bylaw.

"They do provide checks and balances on a lot of issues, but they were out
to lunch on this," said Cook.

However, Cook said the circumstances are different now than they were when
the bylaw was initially enacted, which is partly why council is currently
revisiting the issue.

John Westwood, executive director of the B.C. Civil Liberties Association,
said his organization would not comment on the council's proceedings until
today.