Mayor Sue Bauman’s veto of the city’s controversial loitering ordinance will highlight Common Council debate tonight.

Bauman vetoed the ordinance last Tuesday after the council voted Feb. 19 to keep the law on the books.

The ordinance, originally implemented to aid the city’s drug trafficking efforts, has received attention since its inception in 1997.

Opponents of the ordinance claim the law violates civil liberties because it allows police officers to approach and search people they suspect may be partaking in open-air drug sales, and they say the ordinance unfairly targets minorities because most citations are issued to minority residents.

In defending her veto, Bauman said the ordinance has not effectively deterred drug activity.

“Open-air drug-dealing continues, especially in the Cypress/Magnolia neighborhood,” she said. “An extraordinary number of citations are issued to people of color — in percentages not only far exceeding their percentage in the city of Madison, but also far in excess of the population density of people of color in the neighborhoods affected.”

But supporters of the law claim the ordinance protects the rights of residents living in southern-Madison districts with high instances of open-air drug sales.
Ald. Steve Holtzman, District 19, said he supports the loitering ordinance as a means to dissuade drug activity, and he is disappointed with the mayor’s action.

Holtzman is joined by Madison Police Chief Richard Williams, who insists the law serves its intended purpose — to police open-air drug sales — and does not target minorities, although the majority of citations are given to minority offenders.
Supporters of the law could move tonight to add a sunset provision to the ordinance, which would keep the law temporarily, but an override of the mayor’s veto is not likely, Ald. Mike Verveer, District 4, said.

“Fourteen votes would be needed to override, but there just aren’t 14 supporters of the ordinance on the council,” Verveer said.

Holtzman said proponents of the law do not support a sunset provision and would likely vote to reconsider the ordinance.

“We will not vote to extend the sunset,” Holztman said. “It is very unjustified to expect the police to go through this again.”

In other business the council will take up two housing ordinances that aim to defend tenants’ rights.

The “Tenant Rights and Responsibilities” ordinance would require landlords to distribute a document to tenants detailing their rights and responsibilities. Verveer said he expects the ordinance to pass without debate.

If passed, the proposed “Notice of Denial of Tenancy” ordinance would mandate landlords provide applicants who are denied tenancy with a written explanation of the reasons for denial.

Verveer said the last time the ordinance was considered, opponents testified the proposed law is unnecessary. They claimed applicants who are denied tenancy would already know the reasons for denial and do not need written confirmation.

The council is meeting tonight at 6:30 p.m. in room 201 of the City-County building.