[Peace] Fwd: revised ordinance
Belden Fields
a-fields at illinois.edu
Sat Jul 30 23:52:46 CDT 2011
Begin forwarded message:
> From: Belden Fields <a-fields at illinois.edu>
> Date: July 30, 2011 6:42:58 PM CDT
> To: CUCPJ <discuss at communitycourtwatch.org>
> Subject: Fwd: revised ordinance
>
>
>
> Begin forwarded message:
>
>> From: Belden Fields <a-fields at illinois.edu>
>> Date: July 30, 2011 6:42:05 PM CDT
>> To: Eric Jakobsson <councileric at gmail.com>,
>> relewis at city.urbana.il.us, Dianne Pinderhughes <dpinderh at uiuc.edu>
>> Cc: Brandon Bowersox <brandonbowersox at gmail.com>,
>> dwmarlin at city.urbana.il.us
>> Subject: revised ordinance
>>
>>
>> Dear Council Members,
>>
>> I had intended initially offering my detailed criticisms of the
>> revised draft of the ordinance on solicitation.
>>
>> Those suggestions were:
>> (1) It needs to be specified that this solicitation is for money,
>> not petition signatures, sex, or anything other than money;
>> (2) Sec 15-68 (5) should be worded "Threatening, through word or
>> physical gesture, any person because they refuse to make a donation";
>> (3) In section 2, make clear that remunerated community service
>> will be provided as an alternative to paying a fine or serving
>> time in jail.
>>
>> HOWEVER, after viewing two sets of data, I am convinced that it
>> would be a mistake to enact this ordinance.
>>
>> The first set of data is that which the police department has
>> provided to Durl Cruse on incidences of calls and arrests for
>> panhandling from 2008 to the present.
>> Those data, plus what a few people who attended the city council
>> meetings to express their concerns about such solicitation. do not
>> make a strong case for the enactment of the ordinance. With the
>> exception of the banging on a car, the few people supporting
>> this ordinance have not provided instances of aggression. They
>> perhaps were fearful, but that in itself does not constitute
>> aggression. Nor does lack what some would regard as good manners
>> constitute aggression.
>>
>> Since the last council meeting a research group has gone over
>> existing city ordinances. It found that the behavior that the
>> proposed ordinance is targeting is already covered in existing
>> body of city ordinances. Given that over 300 people have signed
>> petitions against that proposed ordinance (many of them living
>> near Phil Road), that councilwoman Stevenson reported strong
>> opposition to such an ordinance from her constituents, that the
>> overwhelming view of those who attended the council meetings
>> opposed the ordinance, and that there is already enough on the
>> statute books for the police to prevent aggression against people
>> from any source, I ask that you not rush into this. At least look
>> at the evidence before you adopt an ordinance aimed specifically
>> at the poorest among us and which risks confusion between real
>> threats of aggression and preexisting fears that some people will
>> bring to interactions with the poor and people of a different
>> race. Remember that those who are accused
>> in city court do not have a right to confront those who have made
>> the complaint, nor do they have the right to a public defender or
>> a jury trial with paying for it. In the Champaign City court
>> sessions that I have observed, they are overwhelmingly African
>> American.
>>
>> Here are the relevant already existing Urbana ordinances:
>>
>> (1)
>> Touching another person without that person’s consent;
>>
>> Urbana City Offense Sec. 15-17. Battery. $200.00 fine
>> (a) A person commits battery if such person
>> (2) Makes physical contact of an insulting or provoking nature
>> with an individual.
>>
>> Urbana City offense, Sec. 15-16. Assault. $200.00 fine
>> (a) A person commits an assault when, without lawful authority,
>> such person engages in conduct which places another in reasonable
>> apprehension of receiving a battery. (See above)
>>
>> State of Illinois offenses (720 ILCS 5/12‑1)
>> Sec. 12‑1. Assault.
>> (a) A person commits an assault when, without lawful
>> authority, he engages in conduct which places another in
>> reasonable apprehension of receiving a battery.
>> (b) Sentence. Assault is a Class C misdemeanor.
>> Sec. 12‑2. Aggravated assault.
>> (a) A person commits an aggravated assault, when, in
>> committing an assault,
>> (9) the individual assaulted is on or about a public way,
>> public property or public place
>> of accomodation or amusement.
>> 11) commits an assault on a physically handicapped person.
>> 12) commits an assault on a person 60 years of age or older.
>> b) Sentence. Aggravated assault is a Class A misdemeanor.
>> (720 ILCS 5/12‑3)
>> Sec. 12‑3. Battery.
>> (a) A person commits battery if he intentionally
>> (2) makes physical contact of an insulting or provoking
>> nature with an individual.
>> (b) Sentence.
>> Battery is a Class A misdemeanor.
>>
>> Sec. 12-3.05. Aggravated Battery.
>> (c) Offense based on locaton of conduct. A person commits
>> aggravated battery when, in committing a battery, he or she is or
>> the person battered is on or about the public way, public
>> property, or a place of accommodation or amusement.
>> (d) Offense based on status of the victim. A person commits
>> aggravated battery when he or she knows the individual battered to
>> be any of the following:
>> (1) A person 60 years of age or older
>> (2) A person who is pregnant or physically handicapped.
>> (h) Sentence. Aggravated battery is a class 3 felony.
>>
>> 2)
>> Blocking the path of a person solicited or blocking the entrance
>> to any building or vehicle
>>
>> Urbana City Offense Sec. 15-59. Loitering. $50.00 fine
>> (b) It shall be unlawful for any person to stand or remain idle
>> either along or in consort with others in a public place in such
>> manner so as to:
>> (1) Obstruct any public street, public highway, public sidewalk or
>> any other public place or building by hindering or impeding the
>> free and uninterrupted passage of vehicles, traffic or pedestrians;
>> (2) Commit in or upon any public street, public highway, public
>> sidewalk or any other public place or building any act or thing
>> which is an obstruction or interference to the free and
>> uninterrupted use of property or with any business lawfully
>> conducted by anyone in or upon or facing or fronting on any such
>> public street, public highway, public sidewalk or any other public
>> place or building, all of which prevents the free and
>> uninterrupted ingress, egress and regress, therein, thereon and
>> thereto;
>> (3) Obstruct the entrance to any business establishment, without
>> so doing for some lawful purpose, if contrary to the expressed
>> wish of the owner, lessee, managing agent or person in control or
>> charge of the building or premises.
>>
>> Urbana Sec. 15-18. Reckless conduct. (As it applies to blocking
>> vehicles) $135.00 Fine
>> (a) A person who endangers the bodily safety of an individual by
>> any means commits reckless conduct if such person performs
>> recklessly the acts which endanger safety, whether they otherwise
>> are lawful or unlawful.
>>
>> State of Illinois Law (720 ILCS 5/10‑3)
>> Sec. 10‑3. Unlawful restraint.
>> (a) A person commits the offense of unlawful restraint when he
>> or she knowingly without legal authority detains another.
>> (b) Sentence. Unlawful restraint is a Class 4 felony.
>>
>> (3)
>> Continuing to solicit or to request a donation from a person after
>> that person has refused an earlier request;
>>
>> Urbana City Offense Sec. 15-60. Disorderly conduct. $50.00 fine
>> (a) A person commits disorderly conduct when such person knowingly:
>> (1) Does any act in such unreasonable manner as to alarm or
>> disturb another and to provoke a breach of the peace;
>>
>> State of Illinois Law (720 ILCS 5/26-1)
>> Sec. 26-1. Disorderly conduct.
>> (a) A person commits disorderly conduct when he
>> knowingly does any act in such unreasonable manner as to alarm or
>> disturb another and to provoke a breach of the peace.
>> (b) Sentence. Class C misdemeanor.
>>
>> (4)
>> Following or remaining alongside a person who walks away from the
>> panhandler after being solicited;
>>
>> Urbana City offense, Sec. 15-60. Disorderly conduct. $50.00 fine
>> (a) A person commits disorderly conduct when such person knowingly:
>> (1) Does any act in such unreasonable manner as to alarm or
>> disturb another and to provoke a breach of the peace;
>>
>> State of Illinois Law (720 ILCS 5/26-1)
>> Sec. 26-1. Disorderly conduct.
>> (a) A person commits disorderly conduct when he
>> knowingly does any act in such unreasonable manner as to alarm or
>> disturb another and to provoke a breach of the peace.
>> (b) Sentence. Class C Misdemeanor.
>>
>> (5)
>> Making any statement, gesture, or other communication that would
>> cause a reasonable person to feel threatened
>>
>> Urbana City offense, Sec. 15-16. Assault. $200.00 fine
>> (a) A person commits an assault when, without lawful authority,
>> such person engages in conduct which places another in reasonable
>> apprehension of receiving a battery.
>>
>> State of Illinois offense (720 ILCS 5/12‑1)
>> Sec. 12‑1. Assault.
>> (a) A person commits an assault when, without lawful
>> authority, he engages in conduct which places another in
>> reasonable apprehension of receiving a battery.
>> (b) Sentence. Assault is a Class C misdemeanor.
>> Sec. 12‑2. Aggravated assault.
>> (a) A person commits an aggravated assault, when, in
>> committing an assault,
>> (9) the individual assaulted is on or about a public way,
>> public property or public place
>> of accomodation or amusement.
>> 11) commits an assault on a physically handicapped person.
>> 12) commits an assault on a person 60 years of age or older.
>> b) Sentence. Aggravated assault is a Class A misdemeanor.
>>
>> (6)
>> Using profane or abusive language during the solicitation or
>> following a refusal to make a donation.
>>
>> Urbana City Offense Sec. 15-60. Disorderly conduct. $50.00 fine
>> (a) A person commits disorderly conduct when such person knowingly:
>> (1) Does any act in such unreasonable manner as to alarm or
>> disturb another and to provoke a breach of the peace;
>>
>> State of Illinois Law (720 ILCS 5/26-1)
>> Sec. 26-1. Disorderly conduct.
>> (a) A person commits disorderly conduct when he
>> knowingly does any act in such unreasonable manner as to alarm or
>> disturb another and to provoke a breach of the peace.
>> (b) Sentence. Class C Misdemeanor.
>>
>>
>>
>> Sincerely yours,
>>
>> Belden Fields
>>
>>
>
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