CAR SEIZURE LAW UPHELD IN OAKLAND

ACLU loses bid to block novel anti-vice ordinance

An Alameda County judge yesterday rejected the American Civil Liberties
Union's challenge to a pioneering Oakland city ordinance that allows police
to seize the cars of alleged drug buyers and prostitution customers.

Superior Court Judge Henry Needham Jr. declined to block enforcement of the
law on constitutional grounds, saying the local ordinance enacted last year
was not pre-empted by state law. His decision was cheered by about 30
Oakland residents after an hourlong hearing.

In July, the ACLU filed a lawsuit charging that the ordinance violates
state laws that mandate car seizures only in the case of a conviction.

The Oakland program, dubbed ``Operation Beat Feet'' because the suspected
scofflaws have to hoof it after officers tow their cars, will continue in
earnest, officials said.

``We're thrilled,'' said Oakland Deputy City Attorney Marcia Meyers. ``The
judge has validated that the City Council acted appropriately in passing
this ordinance.''

Meyers said she has been besieged with calls from other cities interested
in following Oakland's lead. The ordinance, designed to encourage
miscreants passing through town to keep on going, is the first of its kind
in the state.

``They're all watching us, and I would suspect you will see city after city
adopting this kind of local ordinance as a result of this decision,'' she
said.

Alan Schlosser, managing attorney for the Northern California ACLU, said
the group plans to appeal the decision. Oakland has every right to deal
with crime, but not at the expense of basic constitutional protections, he
said.

``We feel that the state Legislature struck a balance which takes into
account law enforcement needs, community needs and individual rights,''
Schlosser said. ``It's unfortunate that Oakland refuses to adhere to that
balance.''

Also voicing disappointment was Steven Simrin, an Oakland attorney who
represented a woman whose car was seized even though she was not present
when her husband's friend solicited an undercover cop for drugs while
riding in her car.

``It's ridiculous,'' Simrin said. ``Innocent people are getting caught up
in it.''

Oakland Police Chief Joseph Samuels Jr. said officers have confiscated
almost 100 cars during seven Beat Feet operations.

``Thanks to the wisdom and sensitivity of Judge Needham to community
concerns, Beat Feet is alive and well and up and running,'' Samuels said,
adding, ``It will be coming to a neighborhood near you.''

1998 San Francisco Chronicle

Checked-by: Mike Gogulski