Madison’s loitering ordinance is officially off the books after a drawn-out City Council debate so heated the mayor briefly stormed out of the council chambers Tuesday night.
But Mayor Sue Bauman saw an early-morning victory; after hours of deliberation, advocates of the anti-loitering ordinance could not rally enough votes to overrule her February veto of a previous council move to make the law permanent. Due to her veto, the loitering law expired March 5 — in the midst of council deliberations.
The final vote was 9-6 to overrule the veto — five votes short of the two-thirds needed to keep the ordinance.
The loitering law has received criticism since its inception in 1997 from opponents who say the law violates the civil rights of residents to loiter in public areas, and claim the ordinance unfairly targets minorities, since the majority of citations are consistently issued to minority offenders.
Enacted to aid the city’s drug trafficking efforts, the ordinance allows police officers to make contact with individuals they deem loitering for the purpose of open-air drug activity, and is largely used in Madison’s southern districts, where officers say open-air drug sales are prevalent.
Council members in support of the law said residents of districts with high instances of open-air drug sales have voiced support for the ordinance, and noted that over 80 residents in one district signed a petition asking for the law to remain on the books.
Jeff Richter, a resident of the Brams neighborhood, said the law is needed to allow children to safely play in the neighborhood.
Madison Police Department Captain Randy Gaber, who patrols districts on the city’s South Side, noted that the law is only one tool the department uses to police drug activity.
“Our philosophy is to use a multi-faceted approach,” he said. “These neighborhoods need every tool possible.”
UW-Madison junior Philip Ejercito said he thinks the law does not serve its intended purpose, and the mayor’s veto should stand.
Police officers in attendance said officers do not target offenders based on race, but rather based on behavior.
Graber said the police department formerly trains officers to use the loitering ordinance when policing drug activity, and that officers have a ‘good handle’ on where open-air drug activity occurs in the city.
“I don’t feel we’re doing [the South Side neighborhoods] a service with an illusion of safety,” Ejercito said.
David Hart, an attorney for the National Association for the Advancement of Colored People, said he could not support any ordinance that is discriminatory, and that the group supported the mayor’s veto.
In other business, the council voted unanimously to grant a liquor license to Kimia Lounge, a proposed restaurant and bar which would be located at 14 W. Mifflin St.
The license includes some restrictions, like prohibiting drink specials as suggested by UW and RWJ foundation officials.
