Woodstown Loitering and Disorderly ordinances challenged

[OpenGovt]

On behalf of the New Jersey Libertarian Party, I sent a letter to Mayor Pfeffer and the Woodstown Borough Council asking for them to ask their attorney, George Rosenberger, to review the Borough's loitering ordinance and certain parts of its disorderly conduct ordinance to determine if they ought to be repealed.

The letter is at http://www.lpcnj.org/OGTF/WoodstownLoiter.pdf

The Libertarian Party opposes loitering ordinances because they seek to criminalize behavior that is not itself illegal in any real sense. For instance, Woodstown's loitering ordinance, like many throughout the state, makes it illegal for a person to "hang around" on or about any public street "in such a manner as to create or cause to be created any disturbance or annoyance to the comfort and repose of any person."

It's hard to say with any precision what type of conduct is and is not permitted under this ordinance. Open-ended laws such as these can be used to harass those who have not committed any crime, but who, for whatever reason, simply displease the enforcing officer.

More information on the Libertarian Party's effort to repeal this type of ordinance is at West Milford Loitering Ordinance More information on the Libertarian Party is on-line at New Jersey Libertarian Party - Home and Libertarian Party | Smaller Government | Lower Taxes | More Freedom

John Paff

[Pineygirl]

Originally Posted by OpenGovt

On behalf of the New Jersey Libertarian Party, I sent a letter to Mayor Pfeffer and the Woodstown Borough Council asking for them to ask their attorney, George Rosenberger, to review the Borough's loitering ordinance and certain parts of its disorderly conduct ordinance to determine if they ought to be repealed.

The letter is at http://www.lpcnj.org/OGTF/WoodstownLoiter.pdf

The Libertarian Party opposes loitering ordinances because they seek to criminalize behavior that is not itself illegal in any real sense. For instance, Woodstown's loitering ordinance, like many throughout the state, makes it illegal for a person to "hang around" on or about any public street "in such a manner as to create or cause to be created any disturbance or annoyance to the comfort and repose of any person."

It's hard to say with any precision what type of conduct is and is not permitted under this ordinance. Open-ended laws such as these can be used to harass those who have not committed any crime, but who, for whatever reason, simply displease the enforcing officer.

More information on the Libertarian Party's effort to repeal this type of ordinance is at West Milford Loitering Ordinance More information on the Libertarian Party is on-line at New Jersey Libertarian Party - Home and Libertarian Party | Smaller Government | Lower Taxes | More Freedom

John Paff

Having been a teenager in Philly, I would support loitering laws. When I look back and think about the outrageous noise, hassles, and aggravation my friends and I caused an entire neighborhood by just "hanging out," I wish I could do something to take it back.

Loitering can be a nuisance beyond anything you can imagine. Noisy kids and adults can degrade quality of life, reduce property values, and create an amazingly hostile environment.

Sorry to disagree with you here, but if Woodstown has been experiencing a problem with loiterers, they do need to do something about it.

[OpenGovt]

I understand what you're saying, but the State of New Jersey already decided back in 1979 that loitering ordinances, on the whole, are worse than the problem the ordinances seek to correct. Therefore, regardless of whether Woodstown's need for a loitering ordinance is legitimate, the State has already declared that the Borough is without authority to have one.

If the legislature were to change its mind and decide that there is a place for loitering ordinances (as it did with juvenile curfew ordinances) it could pass a law allowing towns to enact loitering ordinances. But unless and until the legislature so acts, loitering ordinances such as Woodstown's remain illegal.