-Caveat Lector-
In a message dated 99-06-05 06:21:57 EDT, you write:
<< Oh, I think the Mad Hatter ought to run for mayor in Salida, Colorado.
Things just keep getting curiouser and curiouser. ICE
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>From: David Adamchik <[EMAIL PROTECTED]>
>> From: Spirit Explorer [SMTP:[EMAIL PROTECTED]]
>> Subject: Adults Arrested Under New Law
>>
>> Adults Arrested Under New Law
>>
>> FOR IMMEDIATE RELEASE
>> Tuesday, September 2, 1997
>> SALIDA, CO -- The American Civil Liberties Union of Colorado has
>> filed a legal challenge to a controversial new ordinance here that
>> prohibits adults from spending more than five minutes in a public place
>> after 11 p.m.
>> The ordinance, enacted by the Salida City Council on May 19, outlaws
>> "loitering," which is defined as remaining in one location for more than
>> five minutes. The ordinance defines "one location" as "any two points
>> within two hundred feet of each other."
>> Salida police have charged 22 individuals with violating the ordinance
>> since its enactment.
>> The ACLU represents Josh Edelstein, 25, who lives in a downtown
>> apartment located above a business. Edelstein was standing on the
>> sidewalk in front of his apartment saying goodbye to some friends when
>> he received a ticket on June 11. The ticket charges that Mr. Edelstein
>> "stayed in an area of less than two hundred feet for more than five
>> minutes."
>> In a motion to dismiss filed by ACLU volunteer cooperating attorney
>> Ernest Marquez of Salida, the ACLU argues that the government has no
>> lawful power to impose a curfew on adults, nor does it have the power
>> to require that adults "keep moving" to avoid spending more than five
>> minutes in one location.
>> "This ordinance makes it a crime to wait for a ride in front of a
>> downtown theater after the late show lets out," Marquez said. "The
>> Constitution does not permit the government to pass a law that
>> transforms such ordinary innocent activity into a criminal offense."
>> The loitering ordinance has produced dissension and division in the small
>> town of Salida, which is located about two and a half hours southwest of
>> Denver.
>> On Friday August 22, 120 residents staged a "loiter-in" at 11 p.m. to
>> protest the ordinance and to sign a petition urging its repeal. Several
>> businesses have offered discounts to patrons who can produce a ticket
>> for loitering issued by the police.
>> The new ordinance is a toned-down version of a proposal that survived
>> a first reading at a city council meeting last spring. As originally
>> drafted,
>> the ordinance prohibited "lingering," "tarrying," or "standing idly about"
>>
>> and applied at all times of the day as well as the night.
>> On April 18, the ACLU wrote to the City Council explaining that the
>> proposed measure would violate clearly established constitutional
>> precedents.
>> In response to concerns raised by the ACLU, the City Council revised
>> the ordinance so that the final version defines "loitering" more precisely
>>
>> and makes it a crime only after 11 p.m.
>> According to the ACLU, however, the improvements are not sufficient.
>> "In essence, this ordinance establishes an 11 p.m. curfew for the entire
>> community," said Mark Silverstein, ACLU of Colorado Legal Director.
>> "No court in the country has ever approved a law that establishes a
>> general curfew for adults.
>>
>>
>> "On the contrary," Silverstein said, "the courts have consistently
>> reaffirmed that one of our most cherished liberties is the freedom to take
>>
>> a simple nighttime stroll through the city without having to produce
>> papers or otherwise answer to the police."
>> The introductory paragraph of the Salida ordinance states that it was
>> enacted in response to problems caused by late-night gatherings that led
>> to fights, disturbances of the peace, and public drug and alcohol abuse.
>> "The City of Salida has every right to enact ordinances that target such
>> problems," Silverstein said. "But the City cannot do so by trampling
>> unnecessarily on the civil liberties of innocent people who are peacefully
>>
>> enjoying a summer evening."
>> Excerpted ACLU News 09-06-97
>> For general information about the ACLU, write to {HYPERLINK
>> "mailto:[EMAIL PROTECTED]"}[EMAIL PROTECTED] .
>> *******************************************************
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