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Sunday, October 3, 2010

Lancaster, California City Council Approves Urgency Ordinance Prohibitin Criminal Street Gangs From City Events

OFF THE WIRE
BY: Fran Paolinelli
Source: Antelope Valley Life
LANCASTER – What began as heated discussion of a proposed urgency ordinance Tuesday night, ended with two unlikely groups getting together to solve a problem.

Lancaster City Council members Marv Crist, Sherry Marquez and Ken Mann with Mayor R. Rex Parris were scheduled to discuss and pass an ordinance that would amend the city code to prohibit criminal street gangs from attending city events.
The change in the ordinance would “prohibit members of a criminal street gang from attending or being physically present at a city event with the intent of publicizing criminal street gang dominance over a territory to control it or keep others out or to conceal on going criminal activity,” said City Attorney David McEwen.
“We’ve carefully crafted the section so we focused, not them being present, but being there with the intent to do certain criminal things,” McEwen added.
Some of those crimes included murder, rape, looting, assault, possession of firearms, illegal drugs, etc.
The groups would have to be engaged in specific course of conduct, Parris said.
“Does it apply to groups that are just flying their colors?” Crist asked
McEwen said it did not apply to these groups.

However, the ordinance was challenged by members of motorcycle clubs who filled the council chambers saying that it would infringe on their constitutional rights.
Also in attendance was an attorney who said he represented bikers’ rights and that the ordinance was unconstitutional.
“Which group do you represent? The rapists, the murderers, the drug dealers. Which group do you represent? …This ordinance is very clear that this ordinance is directed at those groups that engage in a consistent pattern of robbery, rape, murder, extortion, mayhem and the list goes on, and now there is an attempt to come up and claim it is every motorcycle group,” Parris said.
The groups, which the ordinance is focused on, are certain groups that terrorize our neighborhoods, he added.
Attorney Norman Fernandez said that members of the motorcycle groups should have the right to liberty and justice.
“I do not support liberty and justice for rapists, murders, drug dealers, extortionist and thieves. I want them out of my community,” said Parris.
Parris reminded the attorney that nowhere in the ordinance did it mention motorcycle clubs.
Fernandez also said it would give unfettered discretion to law enforcement.

“This is unconstitutional,” he added.
However, McEwen said there was a precondition that they would have to be a member of a criminal street gang…three or more people who have engaged in criminal activity. If they haven’t engaged in criminal activity, it doesn’t apply and they can’t be hassled.
Motorcycle club members spoke out against the ordinance, fearing that it would be abused.
Many said the clubs had no criminal records here in the Antelope Valley and that they were not a menace to society.
Parris agreed that the ordinance was probably too broad and that he wanted it to go back to the Justice Commission to rework it.
During the meeting, a disturbance broke out in the audience by a few motorcycle club members. Parris pounded the gavel loudly and Los Angeles County Sheriff’s deputies had to escort the man creating the disturbance outside.
Afterwards, Bob Fulbright, a member of the Vagos Motorcycle Club, spoke about being stopped by deputies. The first was a routine stop, he said, but the second resulted in his head being slammed into a police car.
“I’ve done a lot for this community,” Fulbright said encouraging deputies to work and communicate with the motorcycle groups.
“Up here in the Mojave Desert we have made a practice to get along,” he added.
Fulbright said the groups are allowed to wear their soft patches – tee shirts – at Thunder on the Lot. Parris replied that he didn’t think that would be a problem in the city of Lancaster.
“This really is something I really want to resolve,” Parris told Fulbright.
“I’ll tell you what I am planning. We have the Streets of Lancaster coming up and so I need an ordinance for that. After that, I’m going to ask that it go back to the Justice Commission and be rewritten and I would love to have you involved in that process,” Parris said.
Parris also said that if Fulbright was going to attend the Lancaster events, he would like for him to be involved in the ordinance rewriting process early.
“The only thing I want to accomplish is that these families will be absolutely safe,” Parris added.
Fulbright agreed.

“I don’t want to be ringing my hands after the 14-year-old is dead,” Parris said referring the a recent gang shooting that left a 14 year old Lancaster girl dead.

The council voted 4 to 0, with Councilman Ron Smith absent, in favor of the urgency ordinance.