Lorain mulls excessive ordinances

A proposed ordinance in Lorain would visit the sins of the son upon the father. Introduced at Tuesday's City Council meeting, the ordinance would allow parents to be charged with a first-degree misdemeanor — one step below a felony — if their child breaks the law. That section of the proposed ordinance, which was sent to Council's Police, Fire and Legislative Committee for review, is worth quoting at length: "No parent, legal guardian, or other adult person having the care or custody of a minor child under eighteen (18) years of age, by any act or word, or the failure to act or by the lack of supervision and control over said minor, shall encourage, contribute, toward, cause or tend to cause said child to commit any violation of the Lorain Codified Ordinances, the Ohio Revised Code, or the laws and Ordinances of the City of Lorain." That should terrify parents. Yes, parents have a responsibility to make sure their children are behaving, but, especially as kids enter their teenage years, parents don't always know what their children are up to. If a parent contributed to a crime or encouraged lawbreaking, we could see charging him or her, but the ordinance goes way beyond that. Should a father at home mowing the grass be charged because his 16-year-old son was caught shoplifting at a store three miles away? Should a mother working an overnight shift be charged because her 15-year-old daughter was caught out past curfew? Those are just two possibilities that Lorain Mayor Jack Bradley acknowledged could become reality if Council approved the ordinance. Bradley told us Wednesday that one intent of the proposed ordinance was to help control violent crimes, especially with guns, which he said too often involved juveniles who were out after curfew. It's an understandable concern, particularly after the horrifying attack on two Lorain police officers eating lunch in July. One officer was killed, and two others were wounded. The gunman, an adult, was killed in a gun battle with police. However, we question the wisdom of saddling parents with criminal records because of the actions of their children. Likewise, Lorain residents should be worried about a proposed ordinance that would essentially criminalize homelessness by making it illegal to sleep "on sidewalks, streets, alleys or within doorways or vehicles." Those found doing so could be charged with a fourth-degree misdemeanor, which is punishable by up to 30 days in jail and a $250 fine. Yes, homelessness is a problem in Lorain and elsewhere, but the solution isn't to lock people up or impose fines that they aren't able to afford. Better, as 5th Ward Council candidate Sabrina Gonzalez suggested, to connect them with housing or social services before resorting to imposing fines. Bradley told us that the goal wasn't necessarily to charge homeless folks or those living out of their cars on the first offense. "We want to help people, but sometimes they need incentives," he said. In other words, if people won't go to a homeless shelter or accept help, they could be charged. We don't believe that the best way to help the homeless is by saddling them with a criminal record. Bradley told us he understood not only the concerns we raised but also those members of the public raised during Tuesday's meeting, but he said the proposed ordinances were a starting point. He said he expected the committee meeting would lead to changes after the public weighed in. Not everything Bradley has proposed is bad idea. For example, he told Council he wanted to fix broken streetlights and tackle blighted and dilapidated properties. We support those initiatives because they would improve the city and could help reduce crime. Bradley also wants to get the Police Department's Patrol Impact Team, which has gone dormant because of staffing issues, back in action. The PIT team, as it was known, was designed to engage in "proactive" policing by targeting gun and drug crimes. Such specialized units, if operated properly, can be effective. On the other hand, police must exercise great care to ensure that they aren't overpolicing low-income and minority neighborhoods. As with the proposed ordinances, Bradley said plans to revive the PIT team came in response to public calls for the city to do more to combat violent crime, which he said had gone "haywire" this year. We understand the impulse. Crime is an issue not just in Lorain, but everywhere. However, dealing with crime isn't just a matter of finding new ways to charge more people with more crimes or overpolicing to the point of harassment. The root causes of crime, such as poverty and addiction, must be addressed. Moreover, such steps must be taken with an eye toward protecting everyone's rights. We therefore were disappointed when Lorain Treasurer Terri Soto said during Tuesday's meeting that she was "tired of hearing about the First Amendment, Second Amendment, 14th Amendment." Those amendments cover freedom of speech, freedom of religion, gun rights, due process and equal protection under the law, to name just a few of the subjects they address. On Wednesday, Soto told one of our reporters that her point was that some people invoke their rights to justify and excuse their selfish behavior, regardless of how their conduct impacts others. However frustrating that might be, no public official should tear down constitutional protections.