One G20 Bill Voted Up, One Voted Down

Pittsburgh City Council voted 6-2 Wednesday against an ordinance that would have made it a crime to wear a mask if the intent was to conceal your identity while committing an unlawful act. The measure was proposed by the Ravenstahl Administration as it prepares or the G20 Pittsburgh Summit Sept 25th and 25th. The vote means the bill will go to a final vote next week with a negative recommendation. Several council members complained about the word “intent” wondering how the police could determine a person’s intent. They were also worried that the law could lead to police making arrests that would later lead to false arrests or first amendment lawsuits. Debate over eliminating the word “intent” was aired but discarded after a lawyer for the Ravenstahl administration noted that it would reduce the law to little more than a secondary offense and not allow police to use the law to prevent crime. Assistant City Solicitor Yvonne Hilton says the legal department reviewed the law and felt that it was constitutional. However, that did little to set aside council member’s concerns. Bill Peduto was worried such a law would send the council down the slippery slope of eliminating civil rights. Other council members voiced concerns that while they thought Pittsburgh police officers could be trusted to fairly enforce the law, they were very concerned by the potential actions of the officers coming in from out-of-town. Councilwoman Tanya Payne was worried specifically about Brentwood, Whitehall and Monroeville officers. Pittsburgh Police Chief Nate Harper says all of the out-of-town officers would but fully trained. Several council members voiced concern that they wanted to make sure the police officers were given all the tools they need to deal with the protestors but were uncomfortable with the measure and the thought that the ordinance would forever be on the books. Councilman Bruce Krauss suggested that a sunset of September 27TH be put on the ordinance. The resounding answer to that was if the bill is not good enough for the city the rest of the year it should not be passed just for the G20. Chief Harper says if the council sees fit to reject the bill he will use all other means available to him to keep the peace.

The council approved the other so-called G20 public safety ordinance. That measure deals with the prohibition of items such as PVC pipe, chains, and pad locks that can be used to thwart police efforts to disperse crowds and make arrests. The ordinance also singles out items such as paint, human and animal waste, noxious or toxic materials and slingshots. In the past protesters have used those items to make police as uncomfortable as possible. That ordinance also contained the word “intent” but council was less concerned. Several noted that there was no constitutional right to carry human waste. Assistant Solicitor Yvonne Hilton told council that any one item alone would not raise police suspicion but a group of people headed to a protest with several of the items might. Other examples such as a person carrying animal waste while walking a dog or a person with a padlock and chain riding their bike were used to show how the law would not be applied.

Council will take a final vote on the bills Tuesday.