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City Hall Monitor: lurking with intent to govern

May 24, 2008
If elected officials hang around a public chamber with intent to take action but don't actually decide anything, can they be guilty of governing?

Who "lurks" and with what intent were the questions of the day at Wednesday's meeting of the Minneapolis City Council Public Safety and Regulatory Services Committee. Council Member Cam Gordon said the council should repeal the city's lurking ordinance ("No person, in any public or private place, shall lurk, lie in wait or be concealed with intent to commit any crime or unlawful act") because it's enforced with bias against minorities and the homeless. Committee members kicked Gordon's idea around for hours, the Star Tribune said, but couldn't make up their minds, so the issue will hang around until their next meeting.


Before the meeting, Gordon aide Robin Garwood used the council member's blog to call out Council Member Ralph Remington for pledging support for the current lurking ordinance, as well as for backing new city restrictions on public protest. The post urged Web site visitors to contact Remington and "ask him to either vote like a progressive or stop calling himself one." Liking lurking laws does seem to be at odds with what Remington said in 2006, when the Minneapolis Observer reported that "Ralph Remington argued that police have often used this as a way of harassing young black men. 'The language here is disconcerting. Loitering and lurking can be highly subjective,' he said. 'It's often used against people who look like me-African American men. It's very troubling to me.' "

Predatory car-booters who lurk in the shadows of private parking lots were also on committee members' minds, as they revisited the idea of banning the use of wheel-locking devices as a means of extracting money from illegal parkers. The issue was a hobby horse of former Council Member Paul Zerby's, who couldn't get a ban passed in past years, and in his honor, the committee decided not to decide whether to recommend a ban to the full council.

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Keepin' it Real on Lurking

While I certainly won't make public comment about discussions that have taken place between Cam Gordon, Robin Garwood and myself; Robin, for whatever reason, chose to do the opposite. I could share with you many times that my colleagues started out supporting one position and then, after gathering more information and constituent points of view, and thinking the issues through more thoroughly, ended up supporting the opposing view, during the decision-making process. Since when do we not get to change our minds in public life? Has George W. Bush had that big of an effect on the electorate? Is stone faced determination and the ability to remain resolute, despite information to the contrary, a greater virtue than making a decision after muscular and thorough reexamination and interrogation of the original question? That is an egregious product of the Bush legacy that I hope does not endure. There are many laws on our books that are meted out in a disparate manner. Lurking is one of them but there are many many more. In most of these cases, including lurking, the law isn't so much the problem as the enforcement of that law. African-Americans are the recipients of disparate treament throughout our entire criminal justice system. Supposedly the supporters of repealing this law are doing it to help people who look like me (Black folks). While I think that they may be well intentioned, they are misguided. The time to help Black folks is when we appoint our police chiefs and when and how we hire and fire our police officers. I am Black and have been, for the last 45 years. We had the opportunity to do this when we appointed Tim Dolan as Chief. I stood alone in my oppositional vote to Dolan, even though many people who now support repealing the lurking law had the same information that I did. If CM Gordon is opposed to lurking primarily because he can't trust how the police will carry out the enforcement of it , where was his office when he voted to support Tim Dolan as Police Chief? Why wasn't the Chief thoroughly vetted on this subject at the time? The Chief is the one person who can help to change the culture in the Police Dept. The other person is arguably the Mayor. We can't go around cherry picking laws because of the way that they are sometimes unjustly enforced. That is merely a band-aid. We have to attack the problem at its roots. We must go after it systemically. That requires a lot of courage, politically and psychologically. I certainly welcome anyone who would like to join me on THAT quest. At a time when Blacks are the victims of violent crime, more often than any other community, I think that perhaps Black policy makers should at least be listened to. That's why we're at the table in the first place. Some White progressives are not used to Blacks being at the table and they are more used to telling us what is best for us; while at the same time not realizing that there is a diversity of opinion in the progressive world and even in the Black community. To not give credence to Black political thought on an issue that so directly affects the African-American community smacks of the worst paternalism and arrogance that created a schism between White liberals and Blacks in the 60's and 70's. No one owns a patent on progressivism or liberalism. And certainly in regards to what laws affect who in racial terms, White progressives should probably be doing a lot more listening and a lot less telling.

On the lurking ordinance

As a Native American (Dakota)/Californian Indian (Chumash)/Chicano I’ve really seen and can attest to discrimination through the lurking ordinance on the streets of Minneapolis. A lot of people on the Mpls. Streets, regardless of color or creed get “hung up” on the lurking Ordinance. So young African and Native Americans on the North and South side get “hung up” and end up with a “paper trail” because of ordinances like the lurking ordinance. I can best describe it through a small poem written by Jean Michel Basquiat, a Haitian, Puerto Rican, African American artist of the 80’s: “Little Johnny Best Sucker punched by his childhood files.” My father was Director of the L.A. Indian Centers in the mid 60’s to the early 70’s during the time of the peaceful occupation of Alcatraz. He also worked for Native American equality through out the United States and also definitively on the West coast. He taught and worked at many different colleges and universities. My father instilled in me that every American is not at an equal playing field with other Americans. My father also taught me through example that it is up to us as Americans to make positive social change. What I’m addressing is that we take away “Lurking” because it’s vague and it does discriminate. I don’t like the fact that there is a law that says “I know what your intent is” and I don’t think any other human being should have that power over me or anyone else. I am Dakota Isanti and my Fathers’ and Grandfathers’ ancestral land is the Minneapolis, St. Paul area. When I talk to people on the streets I treat people like kin, tribe. We let them know that we will testify for them. That they do have a voice and that they do have a human rights program that’s there for them! Words are very powerful. The Lurking ordinance does affect the marginalized. It’s not a small point. This is not a quick band-aid; in fact it opens up a “Pandora’s box” of systemic issues of race, poverty, and education. So, identifying this law is to identify institutionalized racism and criminalization of the poor. Regardless of what police chief is in office, that public servant must answer to the checks and balances system of our Constitution. Although it was deemed constitutional in 1968, I think we need to re-evaluate the language of Lurking, because in ‘68 there were many crimes against the Native population that were called effective policing strategies and considered constitutional. But remember to this day the Native American people are still dealing with those wounds, those scars, and I am one of them. Richard M. Johnson, Jr. St. Stephens Human Rights Program, South Minneapolis, Minnesota

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