Muncie Times, Muncie, Delaware County, 2 October 1997 — Page 7

MHA continued from page 1

Authority regarding a named individual on the criminal trespass list supphed by the Muncie Police Department, he has two words for that person: “Stay away.” The next time such a person comes onto Housing Authority property, he/she can be arrested. Emma Price, long-time crusader for better living conditions in the Munsyana Homes, said that she knew about the activities of the MHA commissioners, but declined to comment on the trespass initiative. “I worked hard with little help to get things cleaned up in the past down here, and I have to say that because of that, things have gotten better. I don’t feel I even want to comment on this [trespasses issue],” she said. None of the persons on the trespass list was contacted by The Muncie Times because of confidentiality reasons. However, one tenant, who requested anonymity, said, “None of us there saw this coming. I don’t trust how [the names] appeared on the police department’s trespass list. How do they know their sources are [telling the truth about anyone] on the list anyway? They didn’t include us in their decision.” Edward (Ed) McNeary Jr., president of the Muncie chapter of the NAACP, said, “I know Benita [Smith] has tried to keep drugs out of the housing authority. .. I think she has been doing an excellent job. She’s trying to correct a bad situation. “I think Rick Reed is trying to do a good job... I think of those involved [MHA, police, et. al] are trying to do right. I realize the prosecutor is trying to eliminate drug traffic. We have some older citizens who want to sit outside of their home without fear. I worry

The Muncie Times, October 2,1997, Page 7

about the younger children who might get caught up in something on their way to and from school.” McNeary said since he did not know all of the details concerning the trespass resolution, and had not seen the list of names, he hoped it would not infringe upon anyone’s free-

Times that if a person is not creating a disturbance on Housing Authority property, she would question the validity of the resolution. “I’ve never heard of anything like this occurring. Sounds to me like ‘blanket barring’ of certain kinds of people. I’d like to know more

ruptive again. This is the first I’ve heard of such, and I really haven’t talked to the Housing Authority office about this.” Muncie Police Chief Joe Winkle has an answer for Bartleson and others. In a telephone interview, he said, “We’re trying to be as lenient as we possibly can because.

“Our goal is to allow residents an opportunity to walk from apartment to apartment, from complex to complex, without any fear of encountering illicit activity or danger”

doms. “I wouldn’t want to see anyone excluded who may be on [the property] who may be there to help a relative. I think that it could cause a Catch-22 situation,” he said. The Muncie Times telephoned Sheila Kennedy, public relations officer of the Indiana office of the American Civil Liberties Union. Kennedy said she had heard of the same type of trespass actions being attempted in other cities. “For me, it raises serious questions regarding infringement on an individual’s constitutional freedoms,” said Kennedy. She also asked for a copy of the commissioner’s letter. Phylhs Bartleson, executive director of the Muncie Human Rights Commission, told The

about what the grounds are for prohibiting these people,” she said. “If people are visiting relatives, are [authorities] saying that they are prohibited, from visiting their families? Just because they may have been accused of being violent or disruptive in the past doesn’t mean they plan to be violent or dis-

with something new like this, there is always room for improvement. We didn’t just draw the names of the people on the trespass list out of a hat.” Asked whether existing laws would be enough to control trespassing in the area, such as loitering, Reed and Winkle seemed to disagree. Winkle said, “Loitering is a

little harder to prosecute.” Reed, however, said, “There’s no such charge as loitering. Several years ago the Supreme Court of the United States declared loitering statutes unconstitutional. There used to be a thing called loitering. There is not such a thing anymore. Trespassing involves where people having no contractual interest in the property are told to stay away. If they don’t, they commit an offence called trespassing.” Winkle also said that there are bound to be some misunderstandings, and that some people have challenged the trespass measure since its enactment. The Times office received a Housing Authority letter on Aug. 4,1997. The list attached names of people who are denied entry onto MHA property. People on the list, according to Winkle, were notified in writing regarding the measure. see MHA on page 8

Joe Winkle, Muncie Police Chief

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