I'm all for cops kicking ass on criminals, but this sure seems like a violation of rights...
http://www.helena-arkansas.com/news/x15703...-24-hour-curfew
Helena-West Helena, Ark. -
Mayor James Valley said he ordered an emergency curfew and heavy police patrol in a 10-block section of town last week because the neighborhood was "under siege with repeated gunfire, loitering, drug dealing and other general mayhem."
Valley ordered the 24-hour curfew Thursday, effective immediately. It was still in place Sunday, a police dispatcher said.
Thursday night, 18 to 20 police officers carrying M-16 rifles, shotguns and night-vision scopes patrolled the "curfew zone." They arrested about eight people and confiscated drugs and loaded weapons, police said.
"It's something akin to martial law," Valley said. "It got to the point where somebody was going to get seriously hurt or killed if we didn't do something."
But the American Civil Liberties Union of Arkansas said the curfew was "blatantly unconstitutional" and has demanded that Valley lift the order.
"Such curfews have never been allowed under the laws of the United States, barring riot, insurrection, or natural disaster," ACLU attorney Holly Dickson wrote in a letter to the mayor Friday. "Not one case has ever allowed for the imposition of searches, seizures and house arrest against innocent citizens because of the high crime rate in a particular city."
Valley said he was not concerned about the ACLU.
"I invite them to move in on Second Street and be up all night with people shooting at them," Valley said. "That's my comment to them."
Valley said the order would be in place as long as the problem persists or until the city council can come up with a long-term plan at its Aug. 19 meeting.
Under Valley's order, officers do not tolerate loitering or "hanging out." Officers can stop and investigate all foot traffic, bicycle, horseback, mo-ped, motorcycle, riding mower, golf cart or other means of transportation.
Valley directed the Street and Sanitation Department to clean alleys in the neighborhood and remove all debris and low-lying shrubbery that might impede the view of police and the general public. In addition, he ordered the Code Enforcement Department to pursue evictions for people living in homes where criminal violations have occurred with regularity.
The curfew follows what authorities and residents say was a feud early last week after a man released from jail refused to pay several dollars back to a neighbor. A group of men jumped the ex-inmate and fired guns into the air and into homes, mostly after dark, residents and authorities said. Some people slept on the floors of their homes for fear of being struck by stray bullets.
The man and his buddies retaliated — with guns, as well — turning the already high-crime neighborhood into what residents said sounded for a few nights like a combat zone.
Resident Brenda Kelly said she was happy the mayor's curfew was in place.
"Since this began, it's more quiet and peaceful around here," she said. "I think they're doing a wonderful job."
Other residents said their rights were being violated.
"It's messed up," said Daniel Pimpleton, 16. "You're not free, and you're supposed to be free. You can't go outside and walk the streets. Look — the entire area is empty. There's nobody out here."
Pimpleton said police warned him that if he and his friends roamed the streets, they could be arrested.
The ACLU letter also claimed that the language in Valley's order violates the Fourth Amendment and that placing adults under house arrest is unconstitutional.
"Notwithstanding the City Code and Curfew Order, the residents of Helena-West Helena have the right to sit under shade trees in their front yard, to ride their bicycles along the streets, protest this policy, and drive around the city with the full protections of the First, Fourth, and Fourteenth Amendments," the letter said.
