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91 J. Crim. L. & Criminology 99 (2000-2001)
Gang Loitering and Race

handle is hein.journals/jclc91 and id is 111 raw text is: 0091-4169/0O/9101-0099 TIM JOURNAL OF CRWINAL LAW & CRM1NOLOGY V.1 91 NE I Cop)Tight 0 2001 by Northwstern Uniersity. School of Lzw h.-Id - UA GANG LOITERING AND RACE LAWRENCE ROSENTHAL When the United States Supreme Court held in City of Chi- cago v. Morales that Chicago's anti-gang loitering ordinance- authorizing the police to disperse groups of loiterers containing criminal street gang members2--was unconstitutionally vague, Harvey Grossman, the attorney who had argued the case for the winning side, called the decision a victory for 'young men of Deputy Corporation Counsel, City of Chicago Department of Law. This article is the work of a partisan. I have been in law enforcement in Chicago for over sixteen years, both in my present position and previously as an Assistant United States Attor- ney for the Northern District of Illinois. I was involved in the drafting and defense of Chicago's original anti-gang loitering ordinance, and argued on behalf of the City of Chicago in defense of the ordinance before the United States Supreme Court in 01) of Chicago v. Moraes. I also participated in the drafting of the new anti-gang loitering ordinance recently enacted by the Chicago City Council. The views expressed in this article are nevertheless my own and should not be attributed to the City of Chicago or its Department of Law. I must acknowledge a deep debt to the extraordinary group that have helped me to fashion this article. From academia, I must thank Dan Kahan, Debra Livingston, Tracey Meares, Geoffrey Stone, and David Strauss, who com- mented on drafts of this article and, in innumerable conversations, have been of im- mense help in enabling me to crystallize my own views. I was also enormously aided by the comments of a number of present and former prosecutors whom I consulted, including Scott Mendeloff, Norma Reyes, and Ronald Safer, as well as Deputy Super- intendent of Police Harvey Radney, whose wisdom on the subject of gang crime I have found invaluable. I also am indebted to my colleague Benna Solomon and my spouse, Kate Sachnoff, for their comments and advice on earlier drafts, and, in Kate's case, for her indulgence during the many months that I worked on the article. I must also thank for their valuable suggestions the Research Fellows of the American Bar Association who participated in a seminar in which an earlier version of this article was presented. 527 U.S. 41 (1999). The ordinance provided: Whenever a police officer observes a person whom he reasonably believes to be a member of a criminal street gang loitering in any public place with one or more other persons, he shall order all such persons to disperse and remove themselves from the area. Loiter was defined as to remain in any one place with no apparent purpose. Anyone who did not promptly obey an order to disperse was subject to a fine of between $100 and $500 or imprisonment of up to six months, or both, and could also be required to perform up to 120 hours community service in addition to or instead of the fine and imprisonment. Id. at 47 n.2.

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