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  • Nuisance Ordinance Legality 
    Reported by: Ben Manning

    Tuesday, Nov 3, 2009 @09:06pm EST

    STATE COLLEGE, CENTRE COUNTY

    Penn State University is gaining a reputation as a place to party. The school topped a national list this year as the number one party school in the country. Students there even invented their own holiday so they wouldn't miss out on the chance to party for Saint Patrick’s Day.

    Now State College Borough is considering a plan that would crack down on loud parties. It’s called the nuisance gathering ordinance. It targets parties of ten people or more. The proposal would fine party hosts up to 600 dollars if things get out of hand within 100 feet of the party location. The ordinance also carries a maximum jail sentence of up to 30 days.

    Fifteen people from the audience talked about the nuisance ordinance at the borough council meeting, and only three of them were for it. Most people who spoke at the meeting said the nuisance ordinance was too broad and wasn't fair. They said only the people who break the law should be punished. But a few people disagree. They said if a host couldn’t control their guests, then they should be held responsible.

    Laird Jones says if you want to know how bad it really is, come out near Fraternity Row after midnight on a Thursday. He says there are parties with hundreds of people, with unlimited alcohol, and one bathroom. And he says party goers inevitably end up peeing in neighbor’s yards, destroying property, and fighting in the street.

    Everyone agrees something needs to be done. But the ACLU says this ordinance violates the first and fifth amendments by punishing one person for another's crimes and limiting the right to gather together. And they said if the ordinance passes and someone is impacted by it, the ACLU will go to court for them.

    Councilman Ron Filippelli says the ordinance might need a little work, but it should pass. He says there is nothing unconstitutional about it, and similar ordinances are in place in other parts of the country.

    But Stacie Bird of the ACLU disagrees. She says just because no one has challenged it, doesn’t make it constitutional.

    Borough Council President Elizabeth Goreham says they need to do something. But it's obvious to her, this won't work. She says it will have to be re-worked if not completely re-structured to pass.

    The borough council is going to think about everything the public had to say, and they'll take a vote on December 2nd.


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