Mayor Adrian Fenty’s controversial neighborhood barricades cleared a major hurdle Thursday when a federal judge ruled that the public has “an overwhelming need” to be protected from violence.
“Suffice it to say that the public’s interest in deterring violent crime of this type through a checkpoint program this carefully crafted is overwhelming,” U.S. District Judge Richard Leon wrote, in denying a legal petition that sought to prevent the city from using the checkpoints until a lawsuit challenging their constitutionality could be heard.
“Simply put, to take this arrow out of [D.C. police’s] quiver on such a weak showing as to its unconstitutionality would be injurious not only to [D.C.’s] ability to protect our citizens, but to the public’s overwhelming need to be protected from these mobile merchants of violence.”
Leon’s opinion, made public Thursday, is a resounding, if preliminary, victory for Fenty and his police chief, Cathy Lanier, who claimed that the quarantines were the only way to end an orgy of summer violence in the Trinidad neighborhood.
“For the communities involved, it’s a huge victory,” said interim Attorney General Peter Nickles. “To me this is a real vindication of Chief Lanier and the mayor.”
The barricades required police officers to stop cars trying to enter the neighborhood, and demand identification and the purpose of visits from passengers. Anyone without “a legitimate purpose” in the neighborhood would be ordered to turn around or face arrest.
Four people who had to run the cops’ gantlet sued and asked the Bush-appointed Leon to order the city to end the program. Leon ruled Thursday that the plaintiffs hadn’t met the “extraordinary burden” to justify an immediate injunction.
Critics around the world took turns blasting the barricades. One online wag referred to D.C. as “Baghdad on the Potomac.” Many critics Thursday remained undeterred by Leon’s decision.
“It’s not definitive,” Councilwoman and constitutional law professor Mary Cheh, D-Ward 3, told The Examiner. “I think the judge has failed to separate policy from constitutional law.”
Cheh has been a consistent critic of the checkpoints. She said that the Fenty team continues to offer “shifting rationales” for the program.
Police union Chairman Kris Baumann said that the big questions about the quarantines were still open.
“Can this survive scrutiny in a criminal arrest?” Baumann said. “And I still don’t think we have an answer to that question.”
“Suffice it to say that the public’s interest in deterring violent crime of this type through a checkpoint program this carefully crafted is overwhelming,” U.S. District Judge Richard Leon wrote, in denying a legal petition that sought to prevent the city from using the checkpoints until a lawsuit challenging their constitutionality could be heard.
“Simply put, to take this arrow out of [D.C. police’s] quiver on such a weak showing as to its unconstitutionality would be injurious not only to [D.C.’s] ability to protect our citizens, but to the public’s overwhelming need to be protected from these mobile merchants of violence.”
Leon’s opinion, made public Thursday, is a resounding, if preliminary, victory for Fenty and his police chief, Cathy Lanier, who claimed that the quarantines were the only way to end an orgy of summer violence in the Trinidad neighborhood.
“For the communities involved, it’s a huge victory,” said interim Attorney General Peter Nickles. “To me this is a real vindication of Chief Lanier and the mayor.”
The barricades required police officers to stop cars trying to enter the neighborhood, and demand identification and the purpose of visits from passengers. Anyone without “a legitimate purpose” in the neighborhood would be ordered to turn around or face arrest.
Four people who had to run the cops’ gantlet sued and asked the Bush-appointed Leon to order the city to end the program. Leon ruled Thursday that the plaintiffs hadn’t met the “extraordinary burden” to justify an immediate injunction.
Critics around the world took turns blasting the barricades. One online wag referred to D.C. as “Baghdad on the Potomac.” Many critics Thursday remained undeterred by Leon’s decision.
“It’s not definitive,” Councilwoman and constitutional law professor Mary Cheh, D-Ward 3, told The Examiner. “I think the judge has failed to separate policy from constitutional law.”
Cheh has been a consistent critic of the checkpoints. She said that the Fenty team continues to offer “shifting rationales” for the program.
Police union Chairman Kris Baumann said that the big questions about the quarantines were still open.
“Can this survive scrutiny in a criminal arrest?” Baumann said. “And I still don’t think we have an answer to that question.”
Lawyers at the Partnership for Civil Justice, the nonprofit group that brought the lawsuit, promised Thursday to appeal Leon’s ruling.
3 comments:
This article reminded me of the article in which they were imposing a curfew in Paterson New Jersey. Again, I didn't think crime or violence anywhere in the United States would push the law enforcement and the judicial sytem to take these actions. However, I believe that if it has reached this point then barricades and other such methods are necessary. Simply because there is a reason the public appoints who they appoint to bein power and make such decisions. Hopefully, I am right and things will change for the better. LC1736
Darnell I feel as though such measures needed to be taken in order for the people to be sure they are in fact safe. More police presence and barricades allows officers to enforce their authority more effectively. It also allows the officers of the city to see is who is coming in and out of the city.
The D.C court did a fantastic job .If maintaining order can be achieved through barricades , so be it . Anyway , i believe that public safety should be first in any city . However , the people of D.C should have a voice in the decision .By the same token, I agree with constitutional lawyer Mary Cheh , but she should draw up a petition first , before any further decision is considered .In other words , let the people decide whether barricades keep them safe.
lj 6631
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