By Edward Mason
Staff writer
May 10, 2008 12:15 am BOSTON — Gang members could be barred from congregating in public places and fined and jailed if they ignore the ban under broad new powers sought by District Attorney Jonathan Blodgett. Under a bill filed by Blodgett, police and district attorneys could sue gangs and gang members to prohibit them from gathering in certain neighborhoods and public places where they harass or intimidate residents. "It's basically a restraining order on gang members who are causing trouble in certain parts of the city," said Rep. Barry Finegold, an Andover Democrat who is pushing Blodgett's bill in the Legislature. Blodgett said the measure is aimed at a growing problem in Essex County and statewide. Giving law enforcement this new tool will help prevent gangs and gang members from taking over neighborhoods, he said. "This is a ... remedy that helps keep frequent gang activity from taking root," Blodgett said. "We want neighborhoods to feel safe and secure." Beyond Finegold, the bill has a powerful ally in House Speaker Salvatore DiMasi. The bill targets identified gang members who have a history of criminal activity. The district attorney, in consultation with local communities, would create "safety zones" — neighborhoods, parks and other public places — where gang members would be barred from a variety of activities, such as hanging out together, standing, sitting or walking together, confronting or intimidating someone who has complained about gang activity or knowingly being in the presence of an unlawful firearm. Police or prosecutors would go to court to seek a civil injunction against the gang or gang members who engage in those undesirable activities within the safety zone. Those targeted by the injunction could face fines or be jailed for up to a year for violating the order. Individual gang members could still pass through a safety zone as long as they were on their own. But authorities could also ask a judge to impose a curfew barring individuals from the zone after 10 p.m. Blodgett said the bill is modeled on similar laws that have been successful in curbing gangs in Fort Worth, Texas, Los Angeles and San Diego. Lawrence police Chief John Romero said the new powers would help reduce gang-related crime in his city in places like Springfield Street and the Stadium Courts project on the city's south side. "We know who the gang members are, who their associates are, what car they drive," Romero said. "If we can regulate where they can go, who they associate with, we can have a serious impact on them." The bill is not without controversy, however. The American Civil Liberties Union of Massachusetts believes the tough-on-crime bill is too sweeping and could take in people who are not gang members. "It's unfair, it's unfortunate and it's far from a common sense proposal," said Ann Lambert, a lawyer with the ACLU. Lambert said the proposal in essence creates a new crime: hanging out in violation of a court order. "That's not consistent with a free and open society," Lambert said. "The public ways belong to all of us. If someone is not actually committing a crime, it doesn't seem to be a good public policy or consistent with basic constitutional principles." Instead of creating "outlaw zones," Lambert said, police should be arresting people who break the law. Supporters of the bill said no one's rights would be violated. Blodgett said alleged gang members would have 10 days to fight an injunction in court if, for instance, they believe they've been wrongly identified as being in a gang. Romero said he sees the restrictions as no more burdensome than those on gang members who are on probation after being convicted of crimes. "Probation places restrictions on gang members," Romero said. "Why wouldn't this pass muster? I don't think we're infringing on anyone's rights when we can convince a court." Finegold said the focus should be on the victims of gang crime and not the gang members. "What about the liberties and the rights of elderly woman who won't leave her house because of gang members?" Finegold said. "What about their rights?"
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