Pubdate: Tue, 07 Mar 2000 Source: Vancouver Sun (CN BC) Copyright: The Vancouver Sun 2000 Contact: 200 Granville Street, Ste.#1, Vancouver BC V6C 3N3 Fax: (604) 605-2323 Website: http://www.vancouversun.com/ Author: Daniel Sieberg ROYAL CITY REPEALS BAN ON TRAFFICKERS The bylaw restricting where drug dealers can go in the city faced a court challenge. A section of a New Westminster bylaw that restricts convicted drug traffickers from specified areas of the city was repealed by city council Monday night. The B.C. Civil Liberties Association had filed a court challenge to the bylaw, declaring the drug trafficking section "repugnant" and "unacceptable" because it restricted a class of citizens. New Westminster Chief Constable Peter Young, whose department helped prepare a report recommending the bylaw be repealed, said earlier Monday that amending the bylaw was not a response to the association's court challenge. Young said that some provisions of the Public Nuisance bylaw are no longer required because the drug-trafficking problems have been "virtually eliminated" from the areas in question. "We're not backing down one bit on drug crimes," Young told The Vancouver Sun. "We simply felt this was prudent since we haven't used it enough to warrant its inclusion." Both Young and the city solicitor, Michael McAllister, said they had been considering amending the bylaw for some time. But several council members said Monday that the reason behind amending the bylaw now is also to avoid a costly court action to defend their position. Councillor Jerry Dobrovolny said during the council meeting Monday night a legal battle could be costly to the city. Council said it had the option of reverting the bylaw back to its original form if the concerns surrounding the drug problem were ever to arise again. The 1998 bylaw prohibits anyone who has been convicted of dealing drugs in the past year from loitering in downtown New Westminster, the 22nd Street SkyTrain station and the 12th Street commercial corridor. It also considers several actions ticketable offences such as: offensive littering, creating graffiti, urinating and defecating in public places and obstructing another person or people. Police could write a $100 ticket to anyone found in the restricted zone. However, Young said no tickets had been issued since officers had opted to hand out warnings or usher people out of the area. Young attributed the cleaner city streets to the use of a special street crime unit, more visible foot patrols and the stricter regulation of some problematic businesses. Young noted that the Public Nuisance bylaw does allow convicted drug dealers to attend school, appointments for medical services, counselling and places of employment or residency. Many business owners in New Westminster have supported the bylaw banning drug dealers, and said the B.C. Civil Liberties Association's legal challenge was unwarranted. Councillor Casey Cook said while he agrees with the role the association plays in society, he objects to the way they approached the bylaw. "They do provide checks and balances on a lot of issues, but they were out to lunch on this," said Cook. However, Cook said the circumstances are different now than they were when the bylaw was initially enacted, which is partly why council is currently revisiting the issue. John Westwood, executive director of the B.C. Civil Liberties Association, said his organization would not comment on the council's proceedings until today. - --- MAP posted-by: Doc-Hawk