Martial Law Bill In Maryland

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ACLU: Crime Fighting Proposal Unconstitutional

POSTED: 3:46 pm EDT May 21, 2007

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BALTIMORE -- Baltimore city could soon have a serious constitutional problem on its hands if the City Council declares martial law to combat crime in troubled neighborhoods, American Civil Liberties Union officials said.

The proposal drafted by Council Vice President Bob Curran will officially be assigned to his committee Monday tonight.

But legal experts said they doubt the city can impose a law to fight crime that was drafted to restore order because of a riot.


According to the proposal, police will also be instructed to shut down businesses and limit the number of people gathered on sidewalks.

But David Rocah of the ACLU in Baltimore said that unless there is an extraordinary circumstance, such as a riot, Curran's proposal to fight crime is unconstitutional.

"The problem is this new interpretation that is being given to that language to suggest that the mayor will have the power essentially to declare martial law in the absence of something like a riot," Rocah said.

Curran modeled his proposal after a campaign promise made by Michael Nutter, a former Philadelphia city councilman who is running for mayor there.

In Nutter's campaign for mayor, he pledged to impose the law his first day in office to combat crime. But the ACLU contends Nutter and Curran are misinterpreting the law.

ACLU officials said the law was enacted 40 years ago in response to a riot and is intended to be used only in that type of circumstance -- not in response to rising crime.

"The problem of murders in Baltimore is a serious problem. There is no denying that. But that is not a problem -- here or anywhere in the U.S. -- that gives the mayor or the police chief the power to declare martial law," Rocah said.

Curran's measure would initially allow the mayor to establish public safety act zones for two weeks, with the option to renew indefinitely.

The city police have already adopted some of the measures. Officers have barricaded neighborhoods, checked IDs and flooded chosen areas with city services. But Rocah said he found aspects of that police action troubling, too.

"We don't live in South Africa where we have the pass system, where you have to justify your presence on the streets to a police officer," he said.

The bill is being considered in three forms -- as an ordinance, as subject to voter approval or as a non-binding resolution asking the General Assembly to change state law.

<<<<This has been a subject all over the news in Maryland for the past couple of days now. The bill proposes Martial Law for Crime in Baltimore City Maryland. if this passes here it could pass in any state.