“Collective Community Ban”

Hey – I got an idea, can we collectively ban a few people I don’t like from my community. For failing to use common sense . . .

Check this out. Scanned version here. Sorry I can show you the fancy color version. PDF converted version below:

What is it? A new safety program to help police and central downtown business and property owners work together to deal with repeat offenders. The program is an agreement between Madison’s Central Business Improvement District (BID), Downtown Madison, Inc., the Greater State Street Business Association, and the Eyes on the Isthmus neighborhood safety initiative. It is coordinated through the Madison Police Department. The program has been reviewed by the Madison City Attorney’s Office, and is endorsed by Mayor Soglin and Alder Verveer.

Why? From retail theft to disturbance or trespassing, repeat offenders in the State St. and Capitol Square areas are a problem for merchants, property owners, and the police. Most businesses that have an encounter with a repeat offender ban that person from their property. But offenders typically do not limit their behavior to one location or incident. This program is a tool to deter repeat offenders from frequenting State Street and Capitol Square area businesses and properties, decrease offenses and increase safety.

Overview: Business and property owners who participate in the program agree that an issue for one is an issue for all. A person banned from one of the participating businesses or properties is banned from all other participating businesses and properties as well. The concept is similar to many shopping mall policies: a person banned from any one store (e.g., because of retail theft) is banned from the entire mall.

Police already keep track of repeat offenders and people who are banned from specific businesses and properties. This program additionally empowers police to remove repeat offenders from a collective group of business and properties. Repeat offenders who violate the ban also can be additionally penalized for trespassing.

Who is subject to this ban? This ban is based only on the behavior of the subject and is triggered by arrest. Anyone who is arrested for an offense that occurs on private property can be subject to this ban. Offenses can include, but are not limited to, retail theft, disorderly conduct, battery, depositing human waste, trespassing, theft, burglary and weapons violations. Any criminal charge and violation of most city ordinances can result in application of this ban.

How long is the ban? One year. If a banned person violates the conditions by trespass or committing another offense, the one year “clock” starts again from the time of their most recent offense. Thus, repeat offenders will create an ongoing ban for themselves.

How does it work?
Each participating property and business will have a letter on file with MPD stating that they choose to participate in the program, and authorizing MPD officers to arrest based on the ban and prior notification to the offender.

Officers can act upon observation of the banned person, or upon request by the business or property owner.

At the time of arrest, the subject is provided with notification of the businesses and properties that participate (and from which they are banned), the length of the ban, and the consequences for violation of the ban. Violation will result in arrest for Unlawful Trespass after Notification, with the disposition at arrest in accordance with normal processing.

Businesses and properties that participate do so voluntarily, and can stop participation at any time. They can also choose to allow a banned person into their property on an individual basis. The originating business can rescind the ban, which will remove the banned person from the entire ban (but that person could potentially be banned again by another participating property or business with another arrest).

The State St. I Capitol Square Neighborhood Police Officer will coordinate this program, and will make the Ban List, notification forms, and other resources available to participating businesses and properties. The ban list will include the specifics about the ban including location originating the ban, the end date of the ban, and a photograph of the banned person, when available. The Collective Community Ban List is in addition to the ban list for conditions of bail and Probation and Parole conditions.

Who can participate? The area included in this program is the current State St. Ban Area, as used by the Dane County Circuit Court with Bail Conditions, plus the area served by the Madison’s Central Business Improvement District (BID). Any property owner, merchant or other business within these areas can
join the program.

Cost to participate: None

How do I sign up? Complete and sign the attached form, and return to: PO Jeff Pharo
Neighborhood Officer, State Street/Capitol Square Madison Police Department-Central District
211 S. Carroll St Madison, WI 53703
PHONE: (608) 576-7161 FAX: (608) 266-5955
jpharo@cityofmadison.com

Questions: Contact Officer Pharo, above.

Collective Community Ban Participants as of 10/29/13
Overture Center
Ian’s Pizza
Capital Tap Haus
Michelangelo’s Coffeehouse
Buck and Badger
Orpheum Theater
Anthology
Goodman’s Jewelers
Fanny Garver Gallery
Little Luxuries
Triangle Market
Tutto Pasta
Dr. Schanel’s Contact Lens and Optical Center
Madison Sole
Fair Trade Coffeehouse
Azara Hookah
Sports World
Paul’s Bookstore
Walgreens
Ivory Room
University Book Store
Fresh Madison Market
Fontana
Riley’s Wines of the World
Hovde Properties

I also hear that the little symbol for this is starting to show up on businesses in the downtown area.

I showed it to 5 alders last night. 4 of the 5 never heard of it. The 5th had a vague recollection . . . as did I, but I had no idea it had developed to this point. They also pointed out that someone shouldn’t be prevented from buying groceries or getting their prescriptions filled simply because they got kicked out of a bar . . . or coffeshop . . . or store . . . or restaurant.

I’m especially disappointed as I have been working with the Municipal Judge and police department to deal with tickets people get and can’t pay. It might have been nice if they had mentioned this effort going in the TOTALLY OPPOSITE DIRECTION.

And, I’m disappointed I have to stop going to some of these places. Need to find a new place to buy my berkies locally, not feeling guilty about changing eye doctor and I’ll cross a few more coffehouses off my list . . . and Ians. Ugh.

I know I don’t need to repeat this but . . . if you don’t want them “depositing human waste” provide restrooms 5 or 6 years ago when this first was raised. If people are disorderly, make room for mental illness – make accommodations don’t give tickets – provide more mental health services. If people are trespassing because they have no place to go, open the day center three years ago. Provide enough overnight shelter. Ticketing the homeless and banning them, seriously?

Were any homeless people or homeless advocates involved in any of these discussions? I know it isn’t aimed directly at homeless persons, but seriously . . . who do you think this is directed at?

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.