Unlawful assembly ordinances draft discussed by community
February 4, 2016
DeKalb residents and NIU students and faculty discussed two unlawful assembly ordinances drafted by the City of DeKalb for nearly four hours at a DeKalb Human Relations Commission meeting Tuesday.
The ordinances were unanimously passed during the first reading at a Jan. 11 City Council meeting and were pushed from the agenda to the Human Relations Commission after public input was heard at the Jan. 25 City Council meeting.
“It’s important for us to work together and be on the same page about this ordinance,” said Chief Diversity Officer Vernese Edghill-Walden.
Thirty-nine community members including DeKalb residents, NIU students and faculty and seven city staff members including DeKalb Police Chief Gene Lowery and City Attorney Dean Frieders were at Tuesday’s meeting.
The first ordinance, to become section 52.92 of the city’s municipal code, declares it to be a violation of the city code if an individual disobeys the command of a sworn peace officer by failing to disperse from the vicinity of an unlawful assembly after an officer has made clear it must be dispersed.
The current version lists 22 activities that would characterize an unlawful assembly, including assault, battery, criminal damage to property, unlawful use of alcohol, cannabis or a controlled substance and mob action.
The second ordinance, to become section 52.93 of the city’s municipal code, prohibits the possession of multiple weapons, which are defined over the course of 11 subsections. Some of the prohibited weapons include explosive substances and pepper spray.
Many meeting attendees were in opposition to these proposed illegalities. Concerns included a lack of clear definitions for the criteria for unlawful assemblies, a lack of communication between the City Council and community, an absence of criteria defining a lawful assembly and a possibility for cultural misinterpretations.
Abraham Tavera, 26, of DeKalb, said he felt that certain cultural groups may not benefit from the ordinance if it is not handled with a diverse approach.
Student Association Senator Timothy Brandner distributed a letter from the SA Senate expressing concerns about the ordinances, such as vagueness within the guidelines, and included an enrolled senate solution.
“[The proposed criteria] can be applied to assemblies that probably don’t have the potential to become unlawful,” Brandner said.
Commission members said they expect an additional February meeting to discuss the ordinances due to the large community response.