Don't blame the DA
DA Doug Henderson was bashed at Tuesday's emergency Greensboro City Council meeting for not going after troublesome nightclubs police would like to shut down under state public nuisance laws.
Funny no one from the city attorney's office spoke up to say, "Hey, we can handle that."
Today's editorial reiterates what Henderson told our news staff after that meeting Tuesday: The law allows the city to pursue nuisance-abatement actions.
Maybe this isn't a big deal. After all, how much impact can it have on the city's overall crime rate to close down a couple of dives where the patrons like to shoot and stab each other? But police apparently think it's worth doing. And Greensboro ALE supervisor Alan Fields, who's had lots of experience doing this sort of thing, says it really does cut crime as other bar owners clean up their act. I guess if you establish a more orderly environment, violence is less likely to break out.
The problem here was, Henderson told police to ask the city attorney's office for help and, according to Chief Tim Bellamy, the city attorney's office told police it couldn't do anything.
That position seemed to change 180 degrees yesterday. I left a couple of detailed messages for Deputy City Attorney Becky Jo Peterson-Buie and finally heard back from her late in the afternoon. She told me that, according to her office's reading of the law, the city could initiate nuisance-abatement proceedings (emphasis mine, and I got the impression that maybe the city attorney's office hadn't read the law before). Traditionally, the DA's office had taken the lead in such matters, she added. (That's true, at least in Guilford County; former DAs Jim Kimel and Stuart Albright had done so.) Given that the present DA isn't inclined, I asked, would the city attorney's office take on that task? "If the police department requires our assistance, we will be happy to help in any way," she said.
Now that that's settled, we'll expect lawsuits seeking to shut down a couple of hot spots on the police department's public nuisance list.
Note: Ben Holder had a strong post on this subject yesterday.
Comments (8)
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Doug, does it bother you as much as it does me, that our legal department seems to be in the dark on this? It takes someone that does not work in the city legal department to obtain the information and pass it on to them. This is just wrong! At city council meetings I have seen false or incorrect information given and now it seems our legal department is just plain ignorant of the law. Why in the world are we paying these people?
Posted on December 13, 2007 9:28 AM
It looks like the police were more traditionally looking to the DA to do something along these lines since that was the practice in the past.
Besides, the city atty. obviously was busy doing other things like ah...trying to get rid of an evil, racially -biased police chief-an individual so devious and sinster that he actually promoted some people he was biased against to positions of power as simply a cover for his ultimate agenda-the ultimate purging, subjugation, and humiliation of all officers of color from the GPD. I think we can all agree-a much more important calling.
Posted on December 13, 2007 9:36 AM
Betty, I think the city attorney's position on this issue was odd, but I don't want to draw any larger conclusions about its overall effectiveness.
Savage, I don't think this has anything to do with the Wray issue. The city needs to move forward and deal with today's problems.
Posted on December 13, 2007 10:32 AM
Doug, what do you mean? There's only so many hours in the day. The City Atty can't be everywhere. Things have to be prioritized.
Posted on December 13, 2007 10:46 AM
Doug said, "Betty, I think the city attorney's position on this issue was odd, but I don't want to draw any larger conclusions about its overall effectiveness."
Fair enough but that won't stop me from drawing conclusions such as: Our City leaders including Council, Mayor, City Manager and City Attorney are either the most corrupt or most inept people to ever manage the City of Greensboro. So which is it?
I think a city attorney should be well-versed in matters of law but apparently Linda Miles isn't very well-versed. (Yes, I'm aware Linda Miles is no longer acting city attorney but she appears to still be calling the shots in the city attorney's office.)
I think a city manager should know enough to hire and supervise a well-versed city attorney but apparently Mitch Johnson isn't well versed or he wouldn't be in bed with Linda Miles.
I think a mayor and city council should be well-versed in exactly how our city is being managed but apparently our mayor and city council are so wrapped-up in hiding their own excesses they haven't the time to worry about what ACTUALLY goes on in those big buildings we taxpayers are struggling to keep up.
How's that for conclusions?
Posted on December 13, 2007 10:53 AM
Mr. Clark,
Thanks for the link.
Ben Holder
Posted on December 13, 2007 10:57 AM
There are so many legal avenues that can be used to accomodate this procedure by any citizen. Even a non-sworn officer of the state, can pursue to file a nuisance abatement with the Clerk of Courts. Providing, of course, all procedures are followed within the guidelines set by law.
I can understand DA Henderson's reluctancy in
handling such cases. When Superior Court Judge
Stuart Albright, was the DA, I believe he set
procedures that warranted expeditient action by
the city staff, and the police department to enforce.
If the police department (Chief Bellamy), wants these "nuisances" to be reckon with, then the
city staff should be the avenue to seek relief, and
file the necessary papers to effect such cause of
action.
It's about time the city staff (LAW AND ORDER),
work together in hindering criminal activity that has been mandated by the City Council, and the
most important, the citizens of Greensboro.
Posted on December 13, 2007 3:11 PM
Thanks, Ben.
Thanks, Thinker. There are many avenues open. The goal should be to use all means available to accomplish the desired result.
Posted on December 13, 2007 3:37 PM