Saturday, July 16, 2016

Drop That Red Cup! City Criminalizes College Parties

Drop That Red Cup! City Criminalizes College Parties - Reason.com
"...a new ordinance that tightens rules on loud and unruly parties which, according to Whitaker, are so bad they affect neighbors' ability to enjoy their own property...
The ordinance sounds reasonable on its face (Who wants someone peeing in their front yard?), until you look at the details.
The ordinance makes it unlawful for any person to be "present at, attend or participate in a loud or unruly gathering," and to do so in a way that "contributes" to the gathering. 
According to city code, the punishment could be hundreds of dollars worth of fines and the violation amounts to a misdemeanor.
"There are important consequences to a misdemeanor conviction or any criminal record," says Erwin Chemerinsky, Dean of the University of California, Irvine, Law School. "This isn't gentle by any means."
Wayne Winthers, the city attorney for Orange gave a little more insight into what contributing might mean at the city council meeting, April 12, saying "The individual has to be doing something more than just walking by at the time [...] Some indication that they are contributing to the party. 
They may be with their red cup or they're jumping up and down to the music or whatever it might be, but, something so an officer has to observe something more than just mere presence."
So holding a red cup or dancing at a loud or unruly party could mean you are guilty of a crime?
...That lack of specificity means practically anyone could be guilty of a criminal behavior..."

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