Decarcerate the Garden State, a statewide effort, needs to
bring our Decarceration effort to the local level often by looking at how local
administrations manage policing, local ordinances and how such policies can
either help reduce incarceration or exacerbate the problem. We have launched a petition drive in
Bridgeton NJ and will be circling back there shortly to gather signatures and
make a presentation to the council on the topic. The petition launch led to this reporting of
our effort:
http://www.nj.com/cumberland/index.ssf/2015/04/prison_reform_group_calls_out_bridgeton_city_leade.html
http://www.nj.com/cumberland/index.ssf/2015/04/prison_reform_group_calls_out_bridgeton_city_leade.html
We happened across a report coming out of Paterson NJ – the city passed a strict ordinance outlawing “loitering” on the streets of Paterson. The law includes a loose definition of loitering that states that it could be applied any where the loitering can be construed as a problem.
Here is the news report on the
development: http://7online.com/82482/
The Paterson city council is
Black / Latino - I bet they would consider themselves on the side of Decarceration.
Yet they implement this draconian local
policy that does not help the situation and will only contribute to it. Here is the page for the local city council: https://www.patersonnj.gov/council/#members
Per the news story the
development appears to be driven by the demands of local store owners. It quotes people sayng they are afraid
to go past loiterers to go to stores and store owners saying they are losing
business. The report talks about large
numbers “hanging out.”
Council member McDaniel, the apparent spokesperson for the
new law states that it “shouldn’t be like that” but he does not really get at
the reasons as to why it is like that
– only offering the ordinance as a solution.
Per the report, the ordinance will also act as a tax on the impoverished
who end up with a summons per the ordinance with a $2000 fine and / or community
service penalty.
While it might not have been intentional, McDaniel
referenced protecting quality of life of “citizens” – which per the
demographics of Paterson, which has a large number of immigrants, is exclusive
language toward the non-citizen portion of the community.
Chilling also is councilman McDaniel’s reference to the law
as giving authorities a “tool in their arsenal to deal with (the loitering
issue).” Perhaps a simple bad choice of
words but using weaponized war terminology as a reference to dealing with the
impoverished out of work community members is minimally unfortunate.
The report mostly focused on the point of loitering “in
front of stores” as the cause of the ordinance but it is apparently arbitrarily
defined so it can be enforced “any where it becomes a problem,” including in
front of homes in residential areas according to the report.
Media did not reach out to any of the so-called loiterers or
to any youth or any advocates of justice or activists for their views.
Posting the link to the report on
this development on our group page for Decarcerate the Garden State (joiners
welcome, here is the link: https://www.facebook.com/groups/DecarcerateNJ/)
touched off a lively conversation. Here is some of the commentary that came in.
Debi Madaio, a medical worker
involved in support for improvements to NJ’s medical marijuana policies, had
this to say about the new loitering ordinance in Paterson, NJ:
“I work in Paterson and it is
crazy....so many people who are homeless, people with substance abuse problems
and people with such complex medical needs that are just in and out of the
hospital....There is such a need in this community...but so little
resources.......Catholic Charities does it's best but it just isn't enough.....These
people need help....not more restrictions placed on them.
There is a large population of
undocumented individuals who are unable to apply for medicaid and medicare
also. It wouldn't be a Friday at the hospital if we were not making arrangements
to discharge a gun shot wound. A lot of poverty, a lot of violence
and gangs. A lot of disease and despair. It is overwhelming sometimes for me as
a nurse because there are not enough resources out there. And of course there is
a big homeless shelter there Eva's Kitchen Idk where the people that stand
outside there are suppose to go if they are homeless and can not
loiter....because it is loitering if you have no money in your pocket also
correct ?
“It is a vicious cycle....these
people do not need to be arrested they need help with their addiction or mental
health issues We get them in the hospital and discharge them right back into
the street it is disgusting and you know they are going right back to that same
circumstance. By the time the people are
homeless on the the street or addicted to something it is hard .....education
is the key ......put some money into the schools and after school programs and
mentors."
Akbar McEntyre
is a local resident and advocate involved in support for those returning to the
community from incarceration. Asked to
comment, he offers:
“I believe
that this is an attempt to criminalize individuals for no other reason but for
being displaced/homeless, or just socializing in their neighborhoods. This is
similar to the post civil war vagrancy laws that helped to form the Black
Codes- criminalizing people for having no where to go. We have bigger monsters
to attack in Paterson.
Responding
to the councilman McDaniel quoted in the news report, Akbar MeEntyre adds:
“It is ironic that the councilman at the time had no real
solution to the problem. Considering Paterson is a densely populated city with
very complex issues related to how it was designed. There are very few places
you can go, and not see people congregating
in public. The easiest thing to do is charge people, fine them, and generate
revenue from people, who if they had money, probably would not have been caught
in this situation. Where are the tangible solutions to these problems? Any
answers?”
Lizbeth Ramirez, from the
steering committee of the 15 NOW NJ movement demanding a statewide $15 per hour
minimum wage had this to offer:
“This is another example of
fascism at its best. The bosses want to impose this ridiculous ordinance
knowing full well that the working class people cannot and will not be able to
afford this outrageous fine. More reason to up-up mass racist incarceration
and increase militarization of police. Why not fund community programs to help
deal with the impoverishment the citizens of Paterson constantly face especially
at a time when employment is so scarce? What are the politicians missing here?
I also think they are trying to instill fear in the people purposefully in
order to carry out their agenda to continue militarizing the police.”
Clearly this ordinance is a
draconian response to the issue of so-called loitering that is not only the
product of issues of addiction and mental illness, but is driven by massive
unemployment, under employment and lack of viable employment, lack of
activities and just neighbors being neighborly.
The idea that it can be enforced in front of residencies opens up the
spector to neighbors pulling chairs out of their 100 degree apartments and
chatting out front being shaken down by over zealous cops.
What can possibly go wrong?
Decarcerate the Garden State
would likely support efforts to roll back this ordinance – it is the kind of
law making that multiplies mass incarceration at a time when we are trying to
fight it. If folks are interested, we
can put together or support a petition for starters – and we are certainly
interested in working with the Paterson community on holding a Decarceration meeting
there in Paterson.
