LOITERING LAW GONE -- FOR NOW

The sun has finally set on the city's controversial loitering ordinance.

City Council members early this morning were unable to override Mayor
Sue Bauman's veto of a permanent version of the ordinance. Supporters
of the ordinance hope to push through another temporary version in 30
days.

Despite a 9-6 majority, override supporters were unable to muster the
14 votes that were needed to push the permanent ordinance into force.

The law, approved in 1997 and re-approved two years ago, expires
today. The law made it illegal to loiter for the purpose of illegal
drug activity.

The council approved the ordinance on a permanent basis last month.
Bauman vetoed the ordinance shortly thereafter. It was the first veto
of her almost five years in office.

In vetoing the measure, Bauman cited figures that showed the
ordinance was used most often against people of color.

After a four-hour public hearing and question session on the
ordinance Tuesday night, the council completed other business and
then acted on the matter without debate at about 1:30 a.m., voting
9-6 to override Bauman's veto.

Council rules prevented them from re-introducing the legislation,
even a temporary version, on the same night, said Council President
Gary Poulson.

"The ordinance has a sunset. The sunset has kicked in, and the
ordinance is gone," Poulson said.

It was an emotional night. Bauman temporarily excused herself from
the podium after arguing with a south-side property owner who accused
her of not caring about the neighborhood; and south-side Ald. Timothy
Bruer repeatedly pressed Equal Opportunities Commission Chairman Bert
Zipperer on his panel's stand against the loitering ordinance.

But the drama gave way to yawns as the hours wore on, and several
council members went home, expecting an all-night debate.

"In a lot of ways, the fact so few council members thought this issue
was important enough to stay until the end of the meeting was
disturbing to me," Bauman said. "The number of people that came out
tonight demonstrates this ordinance is one that has divided the
community."

She said the ordinance provides people with a "false sense of
security" and said Police Department officials have told her
privately that "they could live without it."

Bauman said she wanted to see the ordinance expire so that the
community could continue the discussion.

Some council members, however, were worried that Madison Police won't
have the ordinance at their disposal for the time being.

"I'm going to be concerned for the next 30 days or so," said
north-side Ald. Dorothy Borchardt. "But it'll be back. And we have
the votes to pass it."

Campus-area Ald. Todd Jarrell said the council's failure to override
the veto was right. "We're not calling anyone racist at all. But it's
use disproportionately against people of color," he said.

Also Tuesday night, Bauman co-sponsored a resolution to freeze her
own pay as well as council members' salaries for one year, which
would save the city $9,000.

And former Mayor Paul Soglin argued the proposed city-county public
health merger would not save money and should be reconsidered.