Monrovia Acts to Stop Drug-Related Loitering

The City Council has tentatively approved an ordinance--believed to be the first of its kind in Los Angeles County--banning loitering for “drug-related activity.”

But representatives of civil rights groups suggested that the law might result in invasions of personal liberties.

The ordinance, which is subject to final approval by the council March 6, would forbid loitering in any public place or near any private place “in a manner and under circumstances (demonstrating) . . . drug-related activity.”

City Atty. Rick Morillo said the law would be the first of its kind in the county, and possibly the state, specifically aimed at drug-related loitering. The Monrovia ordinance was modeled after an existing law in Tacoma, Wash.

Grounds for arrest would include hanging out in an area “known” for unlawful drug use and trafficking, or lingering within six feet of a vehicle registered to a convicted drug user or seller.

The ordinance also would make it illegal for anyone to flee on the arrival of a police officer or to try to hide objects that might have been used in drug transactions.

The law specifically would target loiterers who fit into certain categories: convicted drug sellers and abusers, gang members, and suspects who display signs of drug intoxication or needle tracks on their arms.

The ordinance, initially approved Tuesday by the council, would take effect 30 days after formal adoption. It would remain in place for a trial period of six months, after which the council would evaluate its effectiveness. Anyone convicted of violating the law would face up to a $500 fine and as much as a year in county jail.

The National Assn. for the Advancement of Colored People, concerned about implications of the law, sent a representative to the council hearing Tuesday. David Hall, president of the NAACP’s Monrovia chapter, acknowledged that the law could be beneficial but said he was worried about potential violations of individual rights.

“We have to be real careful,” he said. “Loitering can mean a lot of things to different people. It could get to the point where nobody could be on the sidewalk.”

Carol Sobel, an attorney for the American Civil Liberties Union, also criticized the ordinance as “vague . . . unbelievable and incomprehensible.”

“It makes being on a public street a crime in a poor neighborhood,” she said. “It’s an invitation to a capricious standard. It makes every law enforcement officer the arbiter of the law.”

But police and city officials respond that the restrictions would make the city safer for law-abiding citizens. They noted, however, that they are sensitive to citizens’ concerns and have started meeting with community leaders to discuss the law.

Morillo said police officers would be expected to use reasonable judgment in applying the law.

“It absolutely presses to the limit, but it is within the law,” said Police Chief Joseph Santoro, acknowledging that the law is “very restrictive.” It would aid police investigations that often are thwarted because suspected drug dealers simply scatter when police arrive on the scene, he said.

“We need something on the books that says we have cause to stop and question these people,” said Mayor Bob Bartlett. “My concern is that we don’t abuse civil liberties, but we have to weigh abridgment of civil rights versus a growing police problem.”

The actual number of drug-related incidents investigated by the Police Department in Monrovia last year totalled 186, down 55.4% from 336 in 1988.

Only specially trained officers from the Police Department’s gang and drug task force would implement the new law, Santoro said. The council will review details of the training procedures at its March 6 meeting.