The History Of Loitering Laws

Loitering laws targeting gangs have had an interesting history in the United States. The background of loitering laws, according to Joel D. Berg article “The Troubled Constitutionality of Antigang Loitering Laws” dates all the way back to 1349 English vagrancy laws that restricted the rights of individuals that were unemployed and owned no land (1993:462). Once settlers immigrated to the United States vagrancy laws followed them, but the vagrancy laws evolved as a tool to fight crime (1993:463-464). Loitering laws have been fought for their constitutionality before, under the case Papachristou v. City of Jacksonville in 1972 and later more frequently City of Chicago v Morales in 1999. The main challenge of these laws, both vagrancy and later loitering is the vagueness of their authority. Police Officers can take advantage of the wording and have that authority to fine or even jail individuals they deem “suspicious”. The police under anti-gang loitering ordinances are given a lot of authority, and activists are concerned that the police will not abuse their new law given power, and the constitutionality of the laws.

According to Dorothy Roberts from The Chicago Tribune article “It's All About Race Vague Anti-loitering Laws Target Minorities” the ACLU found that the 42,000 people imprisoned for loitering most were black and Latino. While some may deem this a coincidence, loitering laws have the reputation of unequivocally targeting minorities. Some of these minorities might be socializing with known gang members, but others might appear to be wearing colors or apparel similar to a known gang, either way they will be targeted. While some may criticize the vagueness of the laws and the disproportion targeting of minorities, cities still feel motivated enough to look past the controversy and implement the laws as a useful tool to target gang violence.