Our View - Curfew isn't an inappropriate response

Printed in the Iowa City Press-Citizen, Sept. 19, 2009.

Add us to the list of reluctant converts to a citywide curfew.

We still have concerns about the degree to which the ordinance actually will address the issues raised by the Iowa City police and many residents of the city's southeast side. But police officials said Tuesday that the curfew could be a "helpful tool" in responding to the neighborhood problems identified by southeast residents, and some parents report that a curfew could give them more leverage over their children's behavior.

Besides, the restrictions are hardly draconian -- kids younger than 14 have to be off the streets by 10 p.m., 14- and 15-year-olds by 11 p.m. and 16- and 17-year-olds by midnight. And the ordinance is full of justifiable exemptions.

Police likewise say that they plan to issue citations only as a last resort -- after verbal warnings and other strategies have been used. And even the fine associated with citation ("not in excess of 50 dollars") is worded vaguely enough to give magistrates discretion based on the specifics of the case and, presumably, on the ability of the minor's family to pay.

But we're now reluctantly supporting the curfew ordinance because we think passing it would help put the City Council into are more active mindset -- as opposed to local government's usual "let's not do anything that we are not absolutely sure will solve each and every problem we have" mentality.

We know that no one on the council thinks the curfew in itself will solve all the problems in the city -- especially on the southeast side. But the councilors need to be able to respond to some thorny short-term issues before they can move on the even thornier long-term issues about public safety and neighborhood inclusiveness.

Despite our concerns about whether a curfew will de-escalate problems on the southeast side, the proposed ordinance seems a tempered and appropriate response to residents' concerns. And if problems come up in the implementation of this ordinance, then those problems can be addressed by the council and, if necessary, the council can remove the curfew altogether.

Zero tolerance for crime -- tempered by acceptance, inclusion and genuine compassion for all individuals -- will do more for the safety of our community than any well-intended laws. We hope the latter is always the servant of the former.

In the meantime, however, the city needs to show residents that the elected officials, the police, juvenile court officers and neighborhood activists can work together to help make sure that no residents have to feel unsafe in their home.

Our View - Take it slow on curfew, other ordinances

Printed in the Iowa City Press-Citizen, Sept. 1, 2009.

The increasing severity and number of crime incidents in Iowa City's southeast side show that the current laws on the books are not enough to help police, city officials and neighborhood activists turn the tide in the neighborhood. Police say they need more authority to pick up juveniles for causing trouble, and they need more discretion on whether to take the kids home or to the police station.

While some residents have called on the Iowa City Council to impose a curfew citywide , Iowa City Police Chief Sam Hargadine last month told the Iowa City Council he would prefer the council pass a delinquent behavior ordinance. Rather than lock down on every teenager in the city, Hargadine said, such an ordinance would allow the police to focus on the juveniles who are causing problems.

Hargadine makes a good case for the benefits of a delinquency behavior ordinance over those of a curfew. Charges under the delinquency ordinance would be simple misdemeanors and wouldn't necessarily be sent to the magistrate court, as those under the curfew would be. Instead, the type of ordinance he has in mind would give the juvenile court system jurisdiction. And, to be used most effectively, the ordinance would require Iowa City police and juvenile court officers to improve their communication.

A majority of councilors seem generally open to implementing both a curfew and some version of a behavior ordinance, but they are waiting to see the specifics of the plans before giving support. The police have provided a list of possible offenses to be included in such an ordinance, and the city attorney is looking through the list to identify which offenses already are on the books in some way, which offenses the city could add to the code and which offenses might conflict with constitutional or other statutory provisions. The issue is scheduled to be discussed next at the a special council meeting on Sept. 10.

Although some residents want the council to move more quickly toward passing these ordinances, we think it's right for the city to take a few weeks to evaluate the police department's recommendations. The process will require much communication and cooperation between the police, the city legal department and county prosecutors. And because city police officers would have discretion on whether the ordinance has been violated, the council will have to consider how to address the inevitable disproportionate implementation of the ordinance in some neighborhoods and on specific racial or socio-economic groups.

Our View - Curfew to curb crime in city's southeast side?

Printed in the Iowa City Press-Citizen, Aug. 18, 2009.

"I feel like this neighborhood is out of control," said Brandi Mastain during a meeting Saturday in which more than 120 Grant Wood neighborhood residents met at Fairmeadows Park to share concerns about the neighborhood.

For months, Mastain and other residents have been expressing their frustrations about:

• Being awakened many times during the night by rowdy neighbors,

• Children being left on their own to roam at all hours,

• Streets and sidewalks being blocked by large groups of teens, and

• Gunfire -- most recently in the area of Lakeside Drive and Regal Lane about 11 p.m. Aug. 5.

The participants gave a variety of perspectives on the causes and solutions for the neighborhood's safety issues:

• Some said the issues were more important than the binge and underage drinking issues downtown.

• Some challenged the Iowa City Council's priorities by questioning the benefits of parks and bike paths if people are afraid to walk down the street.

• Others encouraged their neighbors to call the police if they see a gathering of kids they are concerned about.

• And still others expressed their discomfort at all the hyped-up language of "that side" or "those people."

Several neighbors said they have appreciated how, since the reports of shots fired on the Aug. 5, the police department has assigned additional investigators and patrols to the southeast side. But the police cannot maintain those patrols without additional staffing -- especially when university classes start up soon and the downtown pedestrian mall again fills with mobs of college-aged bar patrons at various stages of inebriation.

Indeed, the current laws on the books don't seem enough to turn the tide in the neighborhood.

While some neighbors were calling on the Iowa City Council to impose a curfew, Iowa City Police Chief Sam Hargadine said he would prefer the council pass a delinquent behavior ordinance. Rather than lock down on every teenager in the city, such an ordinance would allow the police to focus on the juveniles who are causing problems.

Hargadine, who was scheduled to discuss the issue with the Iowa City Council Monday night, makes a good case for the benefits of a delinquency behavior ordinance over those of a curfew. Charges under the delinquency ordinance wouldn't be required to be sent to the magistrate court, as those under the curfew would be. Instead, the ordinance he has in mind would give the juvenile court system jurisdiction. To be used most effectively, the ordinance would require Iowa City police and juvenile court officers to improve their communication -- which as been less than ideal in the past -- but Hargadine said some preliminary steps to that effect have been taken.

Although we understand the appeal of the delinquency ordinance over that of a curfew -- and although something needs to be done to address these public safety concerns -- the council still has to ask many questions and to hammer out many details if it decides to follow the chief's recommendation. Specifically, because police officers would have discretion on whether the ordinance has been broken, the council will have to consider how to address the inevitable disproportionate implementation of the ordinance in some neighborhoods and on specific racial or socio-economic groups.

In the meantime, we commend the organizers of and participants in Saturday's forum for facilitating such a candid discussion. We urge them to keep working on this until all discussion leads to practical solutions and broader community involvement.