State Representative: Law was a “political” solution

By George P. Hassett

It brought the lieutenant governor to an East Somerville playground and it helped push former Ward 6 alderman John M. Connolly back into office. However according to police, Somerville’s anti-gang ordinance has never been used to arrest a known gang member.

   The ordinance was passed by the Board of Aldermen and signed into law as a home rule petition by then Lt. Gov. Kerry M. Healey at Foss Park in 2004. It authorizes police officers to order gang members to disperse from a designated area. It also provides for strict penalties for gang members who fail to disperse. The penalties range from fines from $100 to $500 for a first offense to a minimum five day sentence for subsequent offenses, and a possible six month sentence, said Healey at the time.
  It was introduced and gained support in the aftermath of a brutal rape at the park Oct. 24, 2002 when two underage deaf girls were attacked by alleged MS-13 gang members. At the time Healey said it was estimated that 100 MS-13 members were in the city.
  The issue was raised again in a recent citywide campaign when Connolly sent a campaign advertisement to over 7,000 voters detailing Marty Martinez‚Äô opposition to the ordinance. Connolly trailed Martinez in the primary by 558 votes but won by 406 in the general election last week.
  ‚ÄúIt certainly had an impact, especially in Ward 1,‚Äù Connolly said of the mailing. Foss Park is in Ward 1 and Connolly defeated Martinez in the ward by an almost four to one margin.
   Yet the ordinance has not been used to arrest a single gang member in the two years since Healey‚Äôs press conference, prompting opponents of the law to cite that as proof it was merely a political move made to address a rising tide of fear in the city.
  State Rep. Denise Provost was the only alderman to vote against the measure when she was on the board in 2004. She said it could be used by police to violate innocent citizens‚Äô civil rights and is on the ‚Äúimpossible side of difficult‚Äù to implement effectively. She said it was a political solution to a public safety problem.
  ‚ÄúThere was a horrible crime committed by members of a gang. There was public outcry and fear in the city and people were looking for answers. But I don‚Äôt think the Somerville ordinance was ever intended to be used for law enforcement. It was meant to quell public fear and create the impression that something was being done,‚Äù she said.
  Upton said if police have an opportunity to use the law to make an arrest there are usually other more serious charges to arrest the offender on. He said the first arrest made under the ordinance would be heavily scrutinized and officers feel more comfortable charging gang members under tested laws.
  ‚ÄúIf we arrest someone we want to make sure it will stick,‚Äù he said. ‚ÄúIt‚Äôs not that anybody is afraid to use it but there is concern because it is uncharted ground.‚Äù
  Upton said the gang situation in the city has been under control compared to how it was around 2001.
  ‚ÄúIn Greater Boston young people in gangs is prevalent  but Somerville‚Äôs experience with so called gangs has been very minimal,‚Äù he said. 
  Ward 1 Alderman Bill Roche introduced the ordinance in 2004 after several serious gang incidents the city, he said.
  ‚ÄúBefore the gang ordinance we were on the threshold of some serious gang problems in Somerville,‚Äù he said.
  Roche, who saves every article he can find on MS-13, said he believes the gang‚Äôs leadership learned of the new local law and were deterred from acting further in Somerville.
  ‚ÄúThey are organized, they have leadership. They read newspapers, follow local politics and when the gang ordinance was enacted they packed up and left town,‚Äù he said.
  MS-13 is a street gang found throughout the United States. It was begun by Salvadorian immigrants in Los Angeles but has spread to big cities on the East Coast and small towns in the Midwest. Roche said they are like what ‚Äúthe mafia was 50 years ago.‚Äù
  Mayor Joseph A. Curtatone said the decrease in gang violence since the ordinance was passed is proof enough that it was necessary.
  ‚ÄúWe haven‚Äôt had the same violent incidents we had when the ordinance was passed, so we have not had to use the ordinance,‚Äù he said.