A resolution requesting the Metropolitan Nashville Police Department to refrain from handcuffing juveniles charged with violating the ordinance prohibiting loitering during school hours.

WHEREAS, since 1990, the Metropolitan Code of Laws has prohibited children from loitering during the hours they are supposed to be in school; and

WHEREAS, in April 2005, the Metropolitan Council enacted Substitute Ordinance No. BL2005-531, which closed a loophole in the loitering during school hours ordinance for children who have been suspended or expelled from school, and thus are not "required" to be in school; and

WHEREAS, a recital contained in Substitute Ordinance No. BL2005-531 states that "the Council does not intend for this ordinance to be construed as penal in nature, but rather to serve as a tool for bringing the behavior of juveniles who are loitering during school hours to the attention of parents so that proper rehabilitative and preventive measures can be taken"; and

WHEREAS, on September 29, 2005, a loitering sweep was conducted by the Police Department, which resulted in the arrest of twenty-eight students; and

WHEREAS, a photograph in the September 30, 2005 issue of the The Tennessean showed two of the students accused of violating the loitering ordinance being handcuffed by police officers prior to being transported to the juvenile detention center where they were picked up by their parents; and

WHEREAS, handcuffing these juveniles accused of violating the loitering ordinance appears to be contrary to the intent expressed by the Council that the ordinance not be construed as penal in nature; and

WHEREAS, it is fitting and proper that the Police Department not handcuff juveniles they are transporting to the juvenile detention center for violating the loitering during school hours ordinance.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Metropolitan Nashville Police Department to refrain from handcuffing juveniles charged with violating the ordinance prohibiting loitering during school hours.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to Police Chief Ronal Serpas.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brenda Gilmore