Proposed ordinances look to address violence, vagrancy in Lorain

LORAIN — Legislation to criminalize homelessness, hold families accountable for the actions of their children and increase weapons violations penalties in Lorain will be up for debate later this month. The three ordinances proposed Tuesday are part of a larger plan across city government to address violent crime, Law Director Pat Riley said on Wednesday. Weapons violations The ordinances include potentially penalizing homelessness and vagrancy as a fourth-degree misdemeanor, charging the parent or guardian of a child who commits a crime with a first-degree misdemeanor and increasing penalties for concealed weapons violations to align with the Ohio Revised Code. Currently, the city's penalty for concealed weapons violations are mostly minor misdemeanors. The proposed legislation would make them first-degree misdemeanors, which could carry a penalty of up to six months in jail and $1,000 fine. Ohio is a permitless carry state, meaning gun owners are allowed to carry a loaded, concealed handgun without obtaining a license. Riley's department drafted the pieces of legislation introduced to Council at its first meeting after the August recess and plans to further elaborate on the proposed ordinances at the Sept. 29 Police, Fire, and Legislative Committee meeting. "I think once people see the lethality of what's happening in Lorain, (they're) going to be probably of a mindset to say to people like me 'I don't think what you're proposing is enough,'" Riley said. He referenced the recent shooting death of Melinda Green, 45, whose 16-year-old son has been charged with murder in connection with her death; and 19-year-old Daymarion Whitten, of Lorain, who was charged with several felonies after he was found with a loaded gun and an extended magazine in an Elyria Schools parking lot last week. "I don't know what's going on in Lorain, but I've undertaken to address it as comprehensively as I can. The legislative piece is just part of the approach that's being considered — of course, Council will decide whether or not these various legislative mechanisms have merit," he said. "It's not for me to decide that, it's for me to propose them." Holding parents responsible Riley said the legislation to hold families accountable for the actions of their minor children is significant. "That's the one, in my opinion, Council really has to have a healthy debate over and consider … That's a major step forward and I think that, at least in my discussions with the faith-based community, is strongly in favor of finally turning the corner and making parents responsible for the actions of juvenile offenders," Riley said. The ordinance would, if passed, see the parents or guardians of minor children charged with a crime be charged with a first-degree misdemeanor punishable by up to six months in jail and $1,000 fine. Mayor Jack Bradley said Council will need to come to a reasonable decision regarding the three ordinances before them. In the case of holding families accountable for the actions of minor children, Bradley referenced gun manufacturers being held liable for mass shootings. Families of the victims of the 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut, sued Remington, the maker of the weapon used in the massacre. The company settled the lawsuit for $73 million in 2022. "If a gun manufacturer can be held liable for something that somebody does by purchasing that weapon, I think in proper circumstances, a parent might be responsible for what their child is doing with something as dangerous as a firearm," he said. He referenced the ambush of Lorain police officers that ultimately left one dead and two others injured. Officer Phillip Wagner, 35, of North Ridgeville, was shot and wounded by Michael Parker, 28, of Lorain, on July 23. Wagner succumbed to his injuries the next day. Officers Brent Payne and Peter Gale were injured in the shooting. Responding officers shot and killed Parker, who had an arsenal of weapons and homemade incendiary devices in his vehicle. "We had an individual who should not have had a firearm, who should not have had a weapon of war, with ammunition that can pierce the body armor that our police officers wear, ambush three of our police officers … for no reason. You mean to tell me that we're not going to try to address those types of things?" Bradley said. "I think we need to address those kinds of things in our community and make sure that people who have firearms are responsible, that parents make sure that their children are not out there committing violent crimes and gun offenses, and that we feel that our streets are safe and that we can go out and enjoy the good things happening in the city." Asked if the proposed ordinances would have changed the situation that led to Wagner's death and Payne and Gale's injuries, Bradley hoped parents of adult children would take responsibility for their son or daughter. "We do have some responsibility to make sure that our son or daughter, whether they're 10 years old or 40 years old has not got a weapon that could cause serious injury to children in a school, parishioners in a church or our police officers who are out there trying to protect us," he said. "... I'm sure that the neighbors who lived in that area, knowing that (Michael Parker) had explosives, weapons of war and hundreds of rounds of ammunition that can pierce body armor, that could go through a house, a person, a car, would have liked to know that the parents had some responsibility in alerting somebody that this person had these weapons of war." Parker was an adult at the time of the shooting and was not legally incapacitated or placed under guardianship. His parents — whom Parker lived with — are not criminally liable for his actions, though they could face civil filings from his victims, Bradley acknowledged. He said the city was not looking to broaden the proposed ordinance to hold parents liable for the actions of adult children. Homeless citations The mayor also discussed the proposed citation for homeless individuals. The ordinance, if passed, would bar individuals from sleeping on sidewalks, streets, alleyways or vehicles parked on public property. Those found doing so would be charged with a fourth-degree misdemeanor, which could carry an up to 30-day jail sentence and $250 fine. "I don't think anybody should be homeless, but I also think that we need to have some teeth in people that just refuse to take advantage of any of the resources and simply go sleep on public property and discourage people from visiting some of the places we have in our community," he said. Lorain has three major homeless shelters. The Haven Center, operated by Neighborhood Alliance, serves families and individuals. St. Elizabeth Center, operated by Catholic Charities, serves single men. Valor Home, operated by Family and Community Services Inc., provides transitional housing to homeless male veterans. Bradley said the city has an issue with sex offenders using street corners or listing St. Elizabeth Center as their address for registration. He said the proposed legislation would give police the discretion to ticket an individual sleeping outside in those instances. He used an example of a neighborhood on the city's west side grappling with people sleeping in their car and throwing litter onto the street. He said officers kept asking them to move, but the proposed ordinance would allow those individuals to be cited. "This is not the law in the city of Lorain," Bradley said of the proposed legislation. "This is something that is going to be discussed and debated in City Council. They're going to be able to hear from the public, both pro and con, and then I'm sure they're going to make a reasonable decision after getting further clarification from our Law Department on how legal and illegal these proposals are … I'm not advocating for or against these ordinances, I'm simply saying it's a good thing to debate them and hopefully come up with a solution that maybe addresses some of the issues that have been complained about." Housing advocates are critical of laws criminalizing homelessness. The National Homelessness Law Center's legal director, Eric Tars, published a piece advocating for "housing, not handcuffs," with the National Low-Income Housing Coalition in 2021. Tars tracked 187 cities across the country with laws against camping, sleeping or panhandling in public from 2006 to 2019. In its study, it found municipal bans on those activities increased exponentially during that time, but so too, did homelessness. He found criminalization made it harder for individuals to exit homelessness and only led to arrests and unaffordable fines and court fees. The National Alliance to End Homelessness notes that criminalizing homelessness worsens the issue and that there are no data to show the laws decrease the number of unsheltered individuals. It also found enforcement to be expensive, and that fines often go unpaid. Outside the proposed legislation, Treasurer Terri Soto addressed a comment she made at Tuesday's Council meeting during the public comment period regarding crime in the city. During Tuesday's meeting, she commented, "as a resident," regarding the difficulty of policing and running the city. "We need to come together," Soto said on Tuesday. "It's called creativity — think outside the box. What can each and every one of you do to help this administration? Because I'm a resident, too, and I'm tired of hearing about the First Amendment, Second Amendment, 14th Amendment. You know what, I have the right to live in the United States of America and live in a safe environment." Reached by phone Wednesday, she clarified that her comment was made in reference to a small group of individuals who are constantly judgmental and act entitled or cry foul and allege their rights have been violated. "All I truly meant by that, as a resident, was saying that everybody wants to always say they're entitled and that, you know I just (used) amendment in general saying, 'Oh you violated my amendment for this, this and that,' but they fail to realize that there's other residents in this community, not just the repeated same 10 (people). She continued, "It's always the singular 'I, I, I,' 'me, me, me.' But I, as a resident in the city of Lorain, I have the right to freedom of speech, I have the right to speak out. And I have the right for me to witness and be a part of something positive." In addition to the proposed legislation, Riley said he is reviewing the rental registry program and the compliance of landlords whose tenants commit violent offenses and whether those individuals may be able to continue to rent properties in the city. Raise Up Housing Development Corp, formerly Lorain Metropolitan Housing Authority, CEO Judith Carlin and Chief Operating Officer Gale Sayers Proby said the housing authority already reviews criminal cases involving tenants and their households or guests to determine if they should be able to continue to receive housing subsidies or remain in public housing. Riley — and Bradley — said addressing violent crime in the city will take a citywide, cooperative effort. It will include addressing the quality-of-life issues like code violations, blighted properties, and improved lighting; and legislative action like the proposed ordinances "The central piece to it is to see whether the community is willing to assist in taking back their neighborhoods," Riley said. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com.