Eastside Defender

Cam Gordon, Councilmember for the 2nd Ward (Como, U of M, Prospect Park), has proposed legalizing lurking in Minneapolis. CM Gordon intends to:

repeal the City’s Lurking ordinance and increase the scope of the Loitering ordinance. Arrest records show that the Lurking ordinance disproportionately impacts homeless persons, people of color, and the poor. Council Member Gordon believes that we must redirect precious law enforcement resources to behaviors that actually harm someone, and laws that carry meaningful consequences.

The NECP has posted a fact sheet regarding lurking and loitering. That document highlights an important distinction:

Although these two crimes sound similar, the ordinances are quite different. The conduct prohibited is different, as is the breadth of the ordinances. In short, loitering targets those who are trying to attract attention, while lurking targets those who are trying to avoid it. The lurking ordinance is directed at those who are present in either public or private places lurking (behaving surreptitiously) with intent to commit any crime. The loitering ordinance more specifically targets those who are present in public spaces whose conduct reflects intent to engage in either prostitution or the sale or purchase of drugs. The lurking ordinance is broader in that its focus is not solely prostitution or drug-related behavior.

The issue was discussed by the Public Safety and Regulatory Services Committee on May 21st. The proposed revised ordinance deletes all references to lurking (hiding with the intent to commit crimes), and does not include assault as one of the crimes for which a loiterer may be challenged by police.

Over at the Minneapolis Mirror, contributor Michael Katch, who attended the PS&RS Committee meeting, agrees with CM Gordon’s desire for justice. Yet, Katch finds flaws in Gordon's thinking:

I find it incredible that the police tend to arrest minorities when many of the customers and suppliers are driving in from the suburbs to contribute to our problems. The problem with this piece of legislation is that it uses the word intent throughout the new ordinance. According to the city attorney's office the change, as it appears on the books, will make this ordinance unenforceable because it will be harder to prove intent under the new verbiage.

The matter will be heard again by the Public Safety and Regulatory Services Committee on June 11th. Those concerned about the potential impact of the Gordon initiative to legalize lurking can speak before the PS&RS Committee on the 11th. 1st Ward Councilmember Paul Ostrow is vice-chair of this committee. 3rd Ward Councilmember Hofstede is not a member.

If the PS&RS Committee finds agreement over a revised ordinance, it will then be sent to the full City Council as a motion to adopt those changes into City Code. The public is not allowed to speak at Council meetings. Every Councilmember insists they want to hear where the people stand. To be heard, and to have an impact, citizens must speak up before the Code is changed.
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