One Year Later: Small Town Gang Ordinance Unused, Unchallenged
It's been one year since the little town of Sunnyside, Washington enacted a controversial anti-gang ordinance. The law criminalized membership in a gang and gave police the authority to stop kids for wearing gang clothing or colors.
Other small Yakima Valley towns soon followed Sunnyside's lead. The ACLU threatened to sue.
So what's happened in the year since? The answer might surprise you as correspondent Austin Jenkins reports.
A year ago, I met Officer Melissa Rodriguez of the Sunnyside Police Department. She drove me around her town of 15,000 people and showed me places where there'd been gang violence.
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| Officer Melissa Rodriguez teaches gang prevention to 3rd graders in Sunnyside, Washington |
Melissa Rodriguez: "At this house here we had a drive-by. This house, that one right there, it got shot up two or three weeks ago."
Today, Rodriguez spends her days in a very different setting.
Melissa Rodriguez: "Positive. Who else can you talk to?"
Student: "Your teacher?"
Melissa Rodriguez: "Teachers are good -- they're not stopping people they're okay (laughter). Yes."
Rodriguez is a gang education officer assigned to Sunnyside's elementary schools. On this day she's teaching 3rd graders about how to handle their anger.
Melissa Rodriguez: "Self talk, tell ourselves I am going to calm myself, I am in control of my own body, I will not get angry."
After class, Rodriguez and I sit in her police car. She tells me that gang prevention has become her passion.
So what about Sunnyside's controversial gang ordinance? The law that was going to give officers new powers to crack down on gang activity?
Believe it or not, Rodriguez says in the year the law's been on the books it hasn't been used to arrest a single person in this mostly Latino farming community.
So what happened?
Melissa Rodriguez: "I think it was about the community, all of us taking a stand, law enforcement, the community everybody taking a stand saying not here, we don't want it here, don't bring it here. I think that's what it was about."
And Rodriguez believes sending that message worked. Drive-by-shootings dropped from several a week to one or two a month and police say there's less gang graffiti around town.
15-year-old Zak Martinez -- skateboard in hand -- has also noticed a difference. He says local gang members changed their behavior after the ordinance passed.
Zak Martinez: "They stopped wearing their colors cause they knew they were going to get arrested. Most of them are staying off the streets. Ya it helped a bunch."
But why haven't police in Sunnyside used their new powers to arrest suspected gang members?
Ed Radder: "Because for the most part we are able to accomplish all that way we need to accomplish with existing laws and ordinances."
That's Sunnyside Police Chief Ed Radder. He dismisses the suggestion that the reason he hasn't used the gang ordinance is because it's unconstitutional. In fact, he says he's looking for a good case to put the law to the test.
Ed Radder: "Let's find out. I may be right, we may be wrong. I would not feel offended if somebody were going to take it up on appeal."
The ACLU of Washington says it's keeping an eye on Sunnyside and other cities that ban gang membership.
Neighboring Grandview, Washington followed Sunnysideís lead. In Grandview it didn't take long for a judge toss out a section of the law.
Interestingly it was a less publicized section that punishes parents for failing to supervise their children. Grocery shoppers in Grandview are split on the decision.
Jerry Flett says parents should be accountable.
Jerry Flett: "Give 'em a fine and throw them in jail because somebody has to be responsible -- why should the public pay for it all the time?"
Connie Gonzalez, whose son has been in trouble with the law, thinks that's extreme.
Connie Gonzalez: "I don't agree with that, taking the parents to jail. I think it's too much. I think the child is the one that should get punished for it so they would learn their lesson."
Whether cities even still need their own gang ordinances is debatable. That's because earlier this year the Washington legislature passed a statewide gang bill.
It defines what a gang is -- pre-empting local definitions. It also creates a statewide gang member database and cracks down on adults who recruit children into gangs.
A state taskforce on plans to bring more recommendations to lawmakers next year.
© 2008 KPLU
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