National Rifle Association Sues the City

By Mary Helt Gavin

On June 27, the National Rifle Association and three of its members filed suit in federal court against the City of Evanston and Mayor Lorraine Morton, seeking to knock out Evanston's ordinance banning handguns, with some exceptions, in the community.

The suit was filed the day after the United States Supreme Court rendered its decision in District of Columbia v. Heller (the Heller case).

That decision held that a District of Columbia ordinance banning handguns and requiring that licensed handguns kept in the home be rendered inoperable violated the Second Amendment to the United States Constitution.

Evanston residents Jonathan Blair Garber, Alan L. Miller and Kevin P. Stanton, members of the NRA, filed the suit as co-plaintiffs with the NRA. Other similar lawsuits have been filed across the country in municipalities with handgun bans similar to Evanston's.

The suit alleges that Evanston's ban on handguns violates the Second and Fourteenth Amendments to the U.S. Constitution, deprives the defendants of equal protection and violates the federal Firearms Owner Protection Act.

The suit asks that Evanston's ordinance prohibiting handguns be declared "null and void" and seeks to enjoin City officials from enforcing it.

The City Ordinance
Section 9-8-2 of the City code states "No person shall possess, in the City of Evanston any handgun, unless the same has been rendered permanently inoperative. (Ord. 42-0-05)." Violations are deemed misdemeanors and are punishable by a minimum fine of $1,500, or six months' imprisonment, or both. Handguns seized for violations will be used as evidence then turned over to the police for destruction.

In writing a dissenting opinion in Heller, Justice Stephen Breyer referred to the Evanston ordinance as being similar to the Washington, D.C. ordinance. He termed the ordinance a "proportionate response" to the problem of urban crime, a view rejected by the majority.

The Heller Decision
Justice Scalia parsed the Second Amendment - "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" - to apply to an individual's right to keep weapons, specifically handguns, in the home "for lawful purposes," such as self-defense.

The Court held that the right to "keep and bear arms" is an individual, not a collective, right and that it is not related to service in a militia; and that self-defense is a core right in this country and that handguns are the weapon of choice for self-defense. The Court recognized, however, that the Second Amendment has limits. The Court said the Constitution does not protect the ownership of certain types of weapons and that some regulation of firearms is appropriate.

Protected Weapons
The Constitution protects a "class" of weapons, the Court held, the class consisting of the sorts of weapons that a person might typically bring from home to join a militia. "[T]he conception of the militia at the time of the Second Amendment's ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty," Justice Scalia wrote.

Handguns constitute a class of weapons that is protected by the Constitution, although "dangerous and unusual weapons" would fall outside the scope of protection, the Justice continued. He cited M-16 rifles and sawed-off shotguns as examples of weapons not protected by the Second Amendment.

Self-Defense
The right of self-defense is also a central part of the Second Amendment, Justice Scalia wrote. "[T]he inherent right of self-defense has been central to the Second Amendment right."

Enshrining the right of self-defense in the Constituion, Justice Scalia wrote, "necessarily takes certain policy choices off the table." Banning handguns, which are "overwhelmingly chosen by American society" for the lawful purpose of self-defense "amounts to a prohibition of an entire class of ‘arms,'" which violates the Second Amendment, Justice Scalia wrote. "The protection extends, moreover, to the home, where the need for defense of self, family and property is most acute," he wrote.

A law that requires that handguns be rendered inoperable before they can be kept in the home "makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional," the Court found.

Permissible Regulation
Certain types of regulations would still be permissible, Justice Scalia wrote, such as banning concealed weapons and the "longstanding prohibitions on the possession of firearms by felons and the mentally ill. …"

In addition, laws that forbid firearms in "sensitive places such as schools and government buildings" would remain valid, he wrote, as would "laws imposing conditions and qualification on the commercial sale of firearms." A footnote to this section of the opinion states, "We identify these presumptively lawful regulatory measures only as examples."

Because the case arose in the District of Columbia, where federal law applies, the Court did not decide whether the Second Amendment, and thus the Heller decision, applies to state or local laws. In other cases, though, the Court has held that the First, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Amendments to the Constitution do apply to state and local laws.

Evanston Could Defend Its Ordinance
Evanston's gun ban still stands, corporation counsel Jack Siegel told the RoundTable on July 1. "As of this time, there has been no determination that our ordinance is invalid in any way," Mr. Siegel said.

Nor, he said, need the City Council take any action to change it. "It is not incumbent upon the City to take any different action with respect to the ordinance."

Police Chief Richard Eddington told the RoundTable that after the Council has addressed the gun-ban ordinance, "we'll chart a course." Asked his philosophy on handgun bans, he said, ""In some ways the Supreme Court has forced us past the philosophical to the nuts and bolts of what we can do." He added, "My personal preference is somewhat irrelevant. What I am expected to do is direct the officers of the Evanston Police Department to follow the law. "

Aldermen met in closed session Monday night but afterward declined to comment on the meeting, the gun ban or the lawsuit.

Ownership of handguns.Photo by Evanston Photographic Studios

Roycemore School Plans Move to Methodist Pension Board's Former Site

Roycemore School, a K-12 private school, plans to move from 640 Lincoln St. to a larger site at 1200 Davis St., the former headquarters of the General Board of Pension and Health Benefits of The United Methodist Church. Roycemore has entered into an agreement to buy the building at 1200 Davis, representatives of Roycemore said in a prepared statement.

Roycemore School was built in 1915 on land owned by Northwestern University. Roycemore leased the land from NU under a 99-year lease, which expires in 2014. NU administrators notified Roycemore several years ago that NU did not intend to renew the lease.

Roycemore plans to preserve the nature of the pension board's former headquarters, while creating classrooms, state-of-the-art science and computer labs and new performing arts space, Roycemore's representatives said. The school is working with Stephen Yas of Yas Architecture and Podolsky Northstar CORFAC International Real Estate.

The additional space will allow Roycemore to expand modestly its enrollment of 250 students while maintaining small class sizes. "Roycemore will now be able to offer its individualized education to more students while maintaining its hallmark of small classes," said Tom Ellis, chair of Roycemore's board of trustees. A recent survey cited Roycemore's average of 9.7 students per class as the lowest among private schools in the Chicago area.

Joseph Becker, headmaster of Roycemore, told the RoundTable the purchase agreement is subject to Roycemore's obtaining zoning relief that would permit a school at 1200 Davis St., which is zoned O1 and permits offices, hotels and government institutions as well as other uses. "One of the first steps is to engage City officials in that conversation," Mr. Becker said.

Mr. Becker added, "We are proud of the fact we have been a good neighbor at our current location and would anticipate being so at the new location. We are hopeful we can work through that [the zoning process] in a very positive way."

"We want to be respectful of the neighbors," Mr. Ellis told the RoundTable. "Before we come to a final plan, we want their input.

"Use of the site for a school serves as a good supplement to the downtown plan and acts a buffer for the neighbors," he added. "I think this is positive for the community."
Roycemore was originally founded as a school for girls and became coeducational in 1962. The school serves students from throughout the Chicago area with diverse ethnic and economic backgrounds, Roycemore's representatives said.

Blue Ribbon Committee Update

By Larry Gavin

Former City manager Julia Carroll met with the City's Blue Ribbon Committee on July 2 to provide input concerning the unfunded liability in the City's police and firefighter pension funds.

There appears to be agreement amongst most Committee members that they should accept the estimate made by the City's current actuary that pegs the unfunded liability at $140 million. Under state law the City must make up that shortfall by 2033.

"Where do we get the money?" Committee member Peter Morris asked Ms. Carroll, attempting to get the benefit of her vantage point as former City Manager of Evanston. "It can't all come from property taxes."

Ms. Carroll responded, "That's the $64,000 question. The City can raise property taxes; it can cut services; it can fund it with alternative revenues; it can issue pension obligation bonds, if it makes the revenue side work."

Ms. Carroll summarized some of the service cuts and alternative sources of revenue that she had put before City Council during the budget meetings held late last year and early this year: closing branch libraries; outsourcing sanitation collection; assessing a fee that covers the entire cost of residential refuse collection; reducing funding to the Mental Health Board by 50 percent; cutting back on tree planting. "None are real popular," she said.

When Mr. Morris asked Steven Drazner, acting finance director for the City, to provide documentation reflecting the proposals, Mr. Drazner said, "I don't have the time to go through the minutes and pull out the recommendations." Mr. Morris told Mr. Drazner the Committee was addressing a $140 million shortfall. "You're not being helpful," he said.

The Committee also generally explored the timeframes in which TIF revenues would become available, the timeframes in which general obligation bonds would be paid off (which would reduce the tax burden on residents), whether the City had assets it could sell and generate a one-time infusion of funds, whether non-profit organizations could be charged a payment for City services in lieu of paying property taxes, and whether the City was aggressively pursuing state and federal grants.

Committee Chair Mark Metz said, "We have to face this problem down, no matter how bad or ugly it is. We can't put our heads in the sand." He said the City will be required to pay the annual required contribution determined by the City's actuaries, which will include payments to amortize the unfunded liability so it is fully paid by 2033. He questioned, though, whether the City could begin paying down the unfunded liability at a lower rate in the first five years and then increase the payments when TIF revenues became available or general obligation bonds were paid off.

The Committee will have to determine whether it is permissible or prudent to do so. The Committee's target date to prepare a report is the end of July.

According to a schedule presented by City staff to City Council during the budget meetings late last year, the City will be required to pay approximately $530 million to the police and firefighter pension funds through 2034 to cover current costs and to amortize the unfunded liability.

Human Services Committee

At the July 7 Human Services Committee meeting, aldermen reviewed the results of 10 complaints filed against police officers that arose between January and May of this year and accepted Police Chief Richard Eddington's disposition of all but one of them. Complaints against police officers are investigated by the police department's Office of Professional Standards (OPS), which makes a recommendation that is forwarded to the chief of police. The police chief provides the OPS statements - but without the recommendations - to a three-person volunteer civilian review board, which also makes recommendations, he said. The Human Services Committee has limited power of review. It may only refer questions back to the police department for further investigation.

Earlier this year City Council approved the creation of a larger civilian review board, which Mayor Lorraine Morton may appoint.

Five of the complaints were not prosecuted because the complainants failed to cooperate. In two cases the police officers were exonerated - that is, the incident complained of occurred, but according to findings, the action was "lawful or proper," according to police standards. One complaint was "not sustained" because of insufficient evidence, and one was deemed "unfounded," that is, the investigators found "no credible evidence" to support the charge. Aldermen requested additional information from Chief Eddington on one complaint that he had ruled "not sustained."

Aldermen also heard updates on the following:

Talking Farm: A demonstration plot at Twiggs Park Community Gardens has already produced vegetables to sell at the West End and Ridgeville farmers' markets. Debbie Hillman, chair of the farm's land acquisition committee, said the farm group is working with the City and the Village of Skokie to be able to have the City apply for a lease on land along the canal near Howard Street for a permanent location for the farm. Ms. Hillman said, "Rising gas and food prices and health concerns show we're going to need to grow our own food."

Summer Beach Token Program: This year, the City approved distribution of 1,050 free beach tokens to residents who qualified for them. The bulk of them - 850 tokens - were given to social service agencies; another 200 were given to the Parks/Forestry and Recreation Department for free distribution to those who request a reduced price for beach tokens, but who meet the guidelines for free tokens, according to a memo prepared by Doug Gaynor, superintendent of the department.

Mason Park Program: The Mason Park Field House is operating under extended hours this summer - 1 a.m. to 9 p.m. - with several programs going strong, Mr. Dorneker told the committee members. Between 30 and 45 middle school kids come to the Mason Park field house each day, said Bob Dorneker, superintendent of the City's Recreation Division.

Committee members postponed until at least their September meeting a discussion about the possibility of a green building ordinance for the City.

City Will Use SNAP Program in Three Troubled Neighborhoods

By Mary Helt Gavin

Three troubled neighborhoods in Evanston will receive intense attention from many City departments over the next several months, as the SNAP program kicks off. SNAP, the Safer Neighborhood Area Project, will take a "holistic" approach to these troubled areas, which have been drawing a "tremendous amount of City services," police officer Tanya Noble told the RoundTable.

One of these areas is the 1900 block of Jackson Avenue, which has been plagued with "chronic disorder - crime, poverty, poor housing stock," Officer Noble said.

"We look at the neighborhood and talk to the neighbors to find out what else has to be fixed. … It's an approach to crime prevention through environmental design," she added.

Referring to a popular neighborhood/police approach to crime, Commander Tom Guenther called this program "‘Broken Windows' with teeth."

Alderman Delores Holmes, in whose Fifth Ward the 1900 block of Jackson lies, said many City departments will be focused on the area: Health, Property Standards, Fire, Police, Public Works and Streets and Sanitation.

The police plan to increase patrols in the area, improve the lighting, clean up the alley and even make some changes in the nearby park, Cmdr. Guenther said.

The 1900 Jackson area has been plagued with criminal activities for decades and is now the scene of a sophisticated "open-air market" for illegal drugs. "It's been an unfortunate gathering of gangs and drug associates for about 30 years, as I understand it," said Officer Noble.

Cmdr. Guenther said, "We've put a lot of people [from that area] in jail over the years," but added that police feel the neighborhood's tolerance of the drug deals is one thing that allows them to continue. "We can arrest a drug dealer, but as long as the neighborhood tolerates this, there'll be another one on the corner the next day," said Cmdr. Guenther. He added that last month a person was shot in the Jackson Avenue area, but the victim would not cooperate with the police investigation, claiming he was alone when it happened - "even though we have other witnesses who said he was not alone."

Officer Noble said she felt many people on the Jackson block have not been invested in the area, because much of the housing is rental and much of it is substandard. "There are roaches and rodents. People live there because they can't live anywhere else. When you're living in poverty, you're living in poverty and you have no choices." She said there is little neighborhood communication and there are no block clubs in the Jackson block. "You can't expect them to get involved in the neighborhood if living conditions are so poor." Yet, she added, "Some social scientists say the biggest predictor of crime is lack of neighborhood involvement - people let it happen."

Ald. Holmes said she and Officer Noble have been working on ways to get the community more involved. She said she feels some of the residents there are willing to become involved but are wary of City promises. "They have seen that nothing has been done there in 40 years, so people want you to prove to them that the City is going to do something."

"We want to be engaged there," said Cmdr. Guenther, "and we want the community to be engaged before there is more violence."

Ald. Holmes said, "If we can have the City do their part, then we can help the neighbors do their part."

The other two target areas for the SNAP program are the 2100 block of Darrow Avenue and the 100-300 blocks of Custer Avenue, Officer Noble said.

Florence Neighbors Meet Again on Crime

By Mary Helt Gavin

A second serious crime on Florence Avenue this year - a home invasion and aggravated sexual assault - drew about 150 neighbors to a meeting with aldermen and police at Washington School on July 2.

Violence in an Otherwise Quiet Neighborhood
Neighbors expressed concern about this crime and about the two unsolved murders in the area: those of Lynda Twyman in 2006 and Jevar Brooks in February, 2008.

"What's wrong with our neighborhood?" asked one resident. "Why are we attracting so much crime?"

Sergeant Angela Hearts-Glass said police are "still working on those two cold cases." Commander Tom Guenther said the sexual assault was a "crime of opportunity" and did not indicate that the neighborhood attracted crime or was crime-ridden. He said there have been 39 break-ins in Beat 74 in the last six months. That beat encompasses Main Street to Church Street and Ridge Avenue to McCormick Boulevard.

Police Chief Richard Eddington and the other police officers who spoke stressed the need for community involvement and neighborhood organization in both solving and preventing crimes.

Alderman Steve Bernstein, 4th Ward, said, "We're not a suburb; we're urban-suburban. Crime is a fact of life here. We may not like it, but we have to live with it."

Prevention Suggestions
Ald. Bernstein and Alderman Lionel Jean-Baptiste, 2nd Ward, advised the neighbors to "get to know each other, turn on your porch lights, and if something doesn't feel right in the area, call the police."

Chief Eddington told the neighbors their perceptions are important. "You know what your neighborhood should feel like and look like," he said. "We [the police] can look at the neighborhood with the same eyes and not see anything amiss."

Some neighbors questioned whether the City had a sufficient number of police officers to keep Evanstonians safe.

Chief Eddington said he felt the number was sufficient and added strategic deployment is a key to covering the City. "A cop on every corner won't prevent all crime," he said.

Police suggested several ways of establishing neighbor-to-neighbor communication: block clubs, phone trees, neighborhood-watch groups and list servers.

The Dewey-Darrow neighborhood group, which has had a list-server for some time, helped establish a Florence-Crain list-serve after the murder of Mr. Brooks. In the wake of this crime, an on-line group is now forming as an umbrella group to keep neighbors informed about crime in the area and follow-ups by the Evanston police department.

More Shooting
That group had almost immediate results, as gunshots were reported at 3 a.m. on July 3 in the same block of Florence Ave. as the rape occurred. A few hours later the police department sent the list server a report that Chadd J'Bron Shepard, 1708 Keeney St., was arrested three blocks away. The report said the police officer "located a firearm tucked in the waistband of Shepard's jeans."

In addition, just after midnight on July 6 police arrested Anthony Peter Paul Davis of Chicago on two felony counts in connection with the shooting of a juvenile at the Burger King at 1829 Dempster St., three blocks east of Florence Ave.