CITY MULLS LOITER LAW

Rules Would Include Link To Criminal Intent

Loiterers looking for drugs and prostitutes might want to avoid Myrtle
Beach from now on. Officials are working to outlaw loitering when it can be
tied to prostitution, drugs or other crimes.

Police would have to have reason to believe the loiterer is involved in
criminal activities before bringing charges. Though they say it won't solve
the problem, officials say it's one more tool for police trying to clean up
chronic prostitution and drug problems in some of the city's neighborhoods
and downtown.

The rules would make it easier for police to arrest people involved in
criminal acts - particularly known offenders - and would give authorities
guidance about what types of behavior are suspicious. "It's another tool in
the toolbox," said city Attorney Tom Ellenburg, who crafted the proposal.
"But it won't solve every problem." City Council will cast an initial vote
on the proposed law at Tuesday's council meeting.

The proposal comes after the city clarified and strengthened is public
intoxication and disorderly conduct prohibitions in the spring and two
years after the city adopted nuisance rules designed in part to ferret out
conditions that encourage drugs and prostitution. Ellenburg said it was
important to stress that loitering by itself cannot be made illegal.

He said enforcing the new laws would pose a challenge for police. "A
citizen has the right to hang out," Ellenburg said. "It's hard to know
motive." Ellenburg, who wrote the law at the request of Councilwoman Susan
Grissom Means, said he would not recommend a more general, anti-loitering
statute. Courts have found that loitering laws are legal as long as they
are tied to criminal intent.

In 1999, the U.S. Supreme Court struck down a Chicago law that prohibited
gang-related loitering, saying it was too vague and could result in
unwarranted arrests. City Council members said they support the new rules.

Councilman Mike Chestnut said he often sees suspicious vehicles circling
city blocks and thinks the new laws will give police the authority to
prevent many crimes. "This is going to give some teeth to the police," he
said. Details of the new loitering law According to the proposed law:

Prostitution loitering - A person would be guilty of prostitution loitering
if he or she was observed repeatedly attracting or engaging passers-by in
conversation; repeatedly trying to stop motor vehicles; repeatedly
attempting to engage another while circling an area in a motor vehicle; is
a known prostitute; or inquires if a potential prostitute or john is a
police officer.

Drug-traffic loitering - The second proposal would include intentionally
soliciting others to sell, buy or use drugs.

Loitering with harmful purpose - A third charge would include the attempt
to control a public space, such as library steps or a park bench, through
intimidation or physical means. How it would work

Ellenburg said police would have to use discretion and question suspects to
ensure they are not loitering for a legal reason.