Civil rights advocates oppose unruly rule

Monday, Sept. 18, 2006 | 7:14 a.m.

A proposed ordinance that would prohibit unruly gatherings in Las Vegas neighborhoods is still a work in progress, according to city officials, but civil rights advocates say no amount of tinkering will make the proposal acceptable.

The proposal, sponsored by Councilwoman Lois Tarkanian, was presented for discussion at the Sept. 6 council meeting.

In it, unruly gatherings would include "neighborhood parties and other gatherings in residential areas that cause a disturbance of the quiet enjoyment of private or public property."

A typical gathering could involve alcohol consumption by minors and require emergency-response agencies.

Tarkanian acknowledged that the current proposal is somewhat vague and that it could create challenges for law enforcement. She said it was placed on the agenda prematurely.

"It's my understanding that that's a mistake," Tarkanian said. "That is not supposed to be on the agenda."

In a procedural move, however, the bill has been placed on the schedule for the recommending committee meeting on Tuesday.

Allen Lichtenstein, general counsel for the ACLU of Nevada, said the proposal is a bad idea with even worse implementation.

"There is no real due process. There are no real standards. If (for example) some neighbor calls and complains the party next door is too loud, someone goes in and makes a determination whether there is a crime," he said.

The subjective nature of such an assessment, Lichtenstein said, would make consistent enforcement almost impossible. He said many of the violations listed in the ordinance clearly are crimes and people who commit those acts should be cited or arrested under existing laws.

He is concerned that approval of the ordinance could result in unqualified people, such as representatives from the Department of Neighborhood Services or the fire department, interpreting what is a crime.

While city officials say any such determinations would be made by Metro, Lichtenstein said some sections of the ordinance seem to contradict this.

One part of the proposal authorizes the Department of Neighborhood Services to determine that a violation has occurred, that one or more persons should be held responsible for the violation, and that penalties should be imposed.

Another section states that law enforcement, fire or other emergency responders can tell people at the scene that they have determined an unruly gathering exists.

Acts prohibited by the ordinance would be misdemeanors, which, upon conviction, could result in a $1,000 fine or six months in jail.

If Metro is to be the primary agency enforcing the ordinance, it isn't ready to discuss how that will be done.

A spokesman for Deputy Chief Ted Moody, who has had at least one meeting with city officials about the ordinance, said Moody was not prepared to comment on it.

Tarkanian said highly publicized shootings at block parties this summer, including a triple homicide over the Memorial Day weekend, did not motivate her to offer the proposed ordinance.

"This basically emanated from constituents who were concerned about things that were happening in their neighborhood," she said. "You know what the problems are, you meet with different specialists, with Metro and Neighborhood Services, and then you try to address the problem. That's where we were but I don't think we've fine-tuned it yet."

Tarkanian called it unlikely that the proposal will be fine-tuned before Tuesday's meeting, and she said the committee could choose to shelve it until later.

The committee could also formulate a recommendation to City Council for passage, rejection or amendment of the bill.