Jun 18, 2008

Lurking ordinance and governmental responsibility

Robin Garwood, CM Gordon’s aid, posted the following comments to the posting on lurking. I wanted to focus on this and her comments below are in litials with the Minneapolis Shadows comments in bold.
Your assertion that the Lurking ordinance "is being applied to those that are breaking it no matter what race they are" is unproven. Why? Because only 19 of the 136 adults arrested for Lurking in '07 (or 14%) were convicted of committing the crime. That's the legal standard that defines "breaking the law" in this society: being convicted. Not being arrested.
In order for someone, regardless of race, to get arrested they have to be doing something against a law on the books. People get tickets for speeding but can appeal it based on evidence that they were not. People get arrested or ticketed for crimes they didn’t commit on a daily basis, and that is what the justice system allows you to do, fight the arrest.
This is the problem with crimes which rely on police and prosecutors to determine and prove "intent" to commit a crime. Other livability crimes have concrete, visible, provable behaviors: someone tagged a wall, urinated in public, had an open alcoholic beverage in public, etc. That's why the vast majority of these arrests result in convictions.
Hate crimes convictions work basically that same way. Shall we get rid of them also?
This is why your metaphors don't work. Shoplifting is a provable behavior: someone took something and tried to leave without paying for it. Perhaps you believe we should criminalize "intending" to shoplift, and allowing police officers to arrest people based on their subjective assessment of that "intent." CM Gordon does not.
The ideal of the thought police state is very scary..thank you George Orwell. However, how does this differ from laws proscribing drug possession with intent to distribute? So does CM Gordon want to repeal this law also?
In a racist society - and yes, any serious study of racial disparity in poverty, unemployment, arrest and incarceration makes clear that our society is still deeply racist - those on the receiving end of racism will look more "suspicious" than others. Their behavior will more likely be taken as indicative of "intent to commit a crime" than exactly the same behavior on the part of a member of the majority population.
The fact that there is a racial disparity in the factors mentioned doesn’t draw a direct correlation to them being motivated based on a racist mindset. Your conclusion isn’t logical.
This is why the United Nations Special Rapporteur on Racism, Racial Discrimination and Xenophobia is looking into whether the Lurking ordinance violates the International Covenant on Elimination of Racial Discrimination (to which the US is a signatory and which obligates all units of government to eliminate racially discriminatory laws).
All governments should get rid of racially discriminatory laws! Yes, by all means. The US leads in that area. Discrimination in every form must be eliminated. How about equal rights for woman in Muslim countries? Oh, and by the way, the UN, which you are looking towards for guidance on human rights puts some of the biggest abusers of human rights in charge of the areas covering human rights.
Wow, put the inmates in charge of the asylum.
You ask about CM Gordon's agenda, and it is simply this: to spend our precious public safety resources effectively and constructively, and to make our city a more just place for all. And I'll have to respectfully disagree with you: this IS the business of the Council.”
How precious! Yea a lot of time and effort put into a hundred year law on the books but what about spending sometime on issues like addressing the ongoing murders in the city, and fighting drug and human trafficking? Try managing the city for once and get away from grandiose issues. If you interested in do that, then go work for an organization that is directly in the business of making these sort of changes on a national or global scale. I’m all for one person making a difference where they are, but we have major issues in the management of this city and our government seems more interested in dealing with these bigger issues than dollars and manhole covers. Sorry to say, but right now we need focus on the dollars and manhole covers which is the job you are hired to do. So do it!

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