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On September 21, 2009 when Fifth Ward Council member Mike Anglin and First Ward Council member Sabra Briere introduced a resolution to release all of Council’s emails sent during public meetings over the past six years, their colleagues became, suddenly, forward-thinking. It was time, the email nay sayers said, to move forward and get back to the important business at hand. Like crafting ordinances to ban plastic bags and toy guns. I shudder to think how many thousands of dollars of staff hours have been spent on these two legislative efforts.
Yet, on August 6, 2009, at the behest of the Ann Arbor Police Department (tip o’ the keyboard to David Cahill) asked that Council introduce “An Ordinance to Amend Sections 9:260, 9:261, 9:262 and 9:263 of Chapter 115, Weapons and Explosives (Replica/Toy Guns), of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-09-26).” The ordinance is scheduled to go back to Council on October 5th.
This is yet another example of Ann Arbor’s City Council members reinventing the wheel, as it were, and comes close to political grandstanding. You see, in January of 2009, the Michigan legislature took up the question of banning replica guns. State law would, of course, apply in Ann Arbor. Unless we have some secret Southern Nullifiers in our midst.
Perhaps an hors d’oeuvre? We’ll begin with a little history on replica guns.
The concern of law enforcement officials, of course, has to do with the use of these replica guns to commit crimes. In the United States since 1992, toy guns have been required to have an orange plug, or be entirely brightly colored to signify them as toys. In the 1950s, sales of toy guns topped $30 million dollars per year. In 1968, toy guns were removed from the Sears Roebuck Christmas catalog after the assassinations of civil rights leader Martin Luther King, Jr. and U.S. Senator, former United States Attorney General, and presidential candidate Robert Francis Kennedy. They were eventually returned to the catalog, and nation-wide toys guns sold an estimated 300,000 units per year.
Replica guns are manufactured to look like real firearms. Due to an increase in crimes committed with replica guns, in 2002, Los Angeles banned the sale of replica guns, and in 2003 the city of New York followed suit. Ann Arbor, of course, had nowhere near the 1,400 crimes per year committed with replica guns that New York had prior to its ban of the imitation firearms. In 2003 the state of California sued Wal-Marts there to stop the sale of toy guns, and K-Mart has stopped selling replica toy guns.
In 2003, Rick Locker, a spokesman for the Toy Industry of America, likened the proposed New York ban to “The Grinch Who Stole Christmas.” ”To blame toys when the real issue is criminal intent is a red herring. It’s a quick fix,” he said. “Police officers don’t react to a toy, they react to the situation. And you could easily create out of wood or a flashlight something that could fool them just as easily as a toy gun.”
This is a very important argument, particularly in light of the reductions in the number of police officers employed by the City of Ann Arbor. First, cut the number of police in in a decade of “streamlining,” then ban toy guns. How’s about we have enough police on the streets to deter crime? The most recent round of cuts meant that Main Street lost its beat cops. Main Street merchants complained in July 2009 that, as a result, aggressive panhandling was up. Police Chief Barnett Jones and Mayor Hieftje recently told neighbors that the answer to a sharp rise in crime in Ann Arbor is for the folks to lock their doors and windows. Rich Kinsey, the Semper Cop blogger at Ann Arbor.com, suggested more military junta-like tactics. He wrote in a September 23rd piece:
Many people in Ann Arbor have told me over the years that they hate to call the police about a suspicious person because they fear being labeled a racist, sexist or elitist for calling about a subject “who doesn’t belong” in their neighborhood. If that worried citizen does not recognize the person they are calling about, that means that the person is at least a stranger in the neighborhood. Why not find out what brings this person to the neighborhood? Yes, people have a right to be almost anywhere they want, but there should be a reason they are there. People with legitimate reasons for being in the area will tell the cops or neighbors if asked.
What a relief: I don’t even have to travel to South America to have my civil rights violated.
Alright, back to toy guns. There were problems with crime and replica guns prior to Mayor and Council’s Great Streamlining of our Emergency Services. In 2002, an 8-year-old Whitmore Lake boy faced criminal charges for pointing a toy gun at three other kids and threatening to kill them. He was brought up on three charges of felonious assault in Washtenaw County Juvenile Court, according to this piece in the Ann Arbor News. On April 10, 2008, a fourth-grader was suspended from a Van Buren Township school for bringing a toy gun (a real toy gun with a orange plug in the barrel) to school. The Ann Arbor News reported that, “Possession of a toy gun at school does not violate state law.”
That changed on January 27, 2009, when the Michigan Senate Bill 40 was introduced by Democrat Bill Basham. The bill bans the brandishing of an object that appears to be a firearm, and imposes punishment of a $100 fine and/or 93 days in jail. The Bill was referred to the Judiciary Committee. Ann Arbor State Representative Rebekah Warren sits on the House Judiciary Committee, as does Representative Pam Byrnes. State Senator Liz Brater sits on the Senate Judiciary Committee.
In May 2009, in order to balance the City’s listing budget, Council members voted to allow two dozen of Ann Arbor’s most experienced police officers to retire early, reducing the number of sworn officers in Ann Arbor to 125, down from 200, when Mayor Hieftje took office in 2000. Two months later, we have Council aiding and abetting the Ann Arbor Police Department by introducing a resolution to ban toy guns.
Are toy guns (replicas) a problem from a law enforcement point of view? Absolutely. Is the Michigan legislature on the job? Absolutely. Might our Council members stop trying to act as though they are the Michigan legislature’s superego? Please. Eight of Ann Arbor’s City Council members were outed by the media as a virtually Id controlled group. According to Council emails printed in the Ann Arbor News, one could, perhaps, replace Id with Leigh Greden. Council members Greden, Fourth Ward Council members Margie Teall and Marcia Higgins’s grandstanding resolution to oppose the state budget is a perfect example of Ann Arbor’s Council confusing their modest chambers with the Capitol Building in Lansing. Without a doubt, such resolutions brought forth by certain Council members (the banning of plastic bags is another perfect example) strike me as advanced political grandstanding. Such grandstanding political “activism” shows a singular ability to be blind to the critical problems that face our city and its citizens.
We can’t have plastic bags, but we can have 800 homeless people, (with only 50 available beds for them years running). I’m sure there are loads of plastic bags in use at Ann Arbor’s Tent City, a Hieftjeville where dozens of homeless people call home in a bag (sleeping bags, that is). Heck, ban plastic shopping bags and what will the homeless people carry their belongings around in? The plastic bags keep their possessions dry. The current Council majority can pass a toy gun ban, and issue an RFP to find developers to build atop the as-yet-unbuilt underground parking lot next to the main library with the speed of a locomotive. Yet, they’ve taken, literally, years to mull over finding a spot to replace a mere 100 units of affordable housing lost when the Old Ann Arbor Y Building was torn down. Dave DeVarti (tip o’ the keyboard to S. Bean), a local affordable housing advocate was exiled by the Mayor from the Downtown Development Authority Board in favor of Keith Orr, a political FOSS (Friend of First Ward Council member and long-time DDA Board member Sandi Smith). Orr, who owns a local gay bar has little cred when it comes to standing up for the homeless and speaking out in support of affordable housing.
Plastic bags from Stephen Rapundalo: Maybe next we can have a resolution banning the placement of said bags over the heads of Ann Arbor residents? Toy guns from the AAPD. Resolutions opposing the Michigan state budget from Greden, Teall and Higgins. Resolutions to kiss Representative John Dingell’s ruby ring. What’s next? Will our City Council tackle Ann Arbor’s almost epidemic hunger? Nah. Hunger’s not on the Council agenda, nor is increasing funding to the human service agencies that do deal with it.
I predict the next resolution to come from a Council majority member will tackle that blight on our city that is the athlete’s foot crisis. What with kids back at school, and gym classes in full swing, it will be only a matter of time before Greden, Rapundalo, Hohnke, Teall, Smith (only if it has to do with development of a “workforce” housing development project to house the suffers), Higgins, Derezinski and Hieftje craft a resolution of cooperation between the fungus among us, and the stricken feet of Ann Arbor’s sports community.
Since toy guns may be outlawed soon, it looks like the only way Ann Arbor residents are going to get our Council members to craft some meaningful legislation will be to use the toy voting booth this November and next August.
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