Somerville's Anti-Gang Loitering Ordinance is an affront to citizen's rights and can be used as a tool for official racism by Somerville Police. While it is understandable that Somerville wants to control its gang problem, prohibiting any suspicious group from gathering is a violation of civil liberties. This law must be repealed before it is copied by other Massachusetts cities.
When the law took effect in August, it drew sharp criticism from immigrant groups and civil rights groups, including the American Civil Liberties Union. The law has been called too vague, and immigrant groups are afraid it will lead to racial profiling. MS-13, the gang targeted by Somerville Police, is an El Salvadoran gang.
Somerville's Hispanic population could then come under scrutiny by police, who can use this law as license to target anyone of Latino appearance as a member of the Salvadoran gang. Not only is it unfair to incriminate anyone because of their appearance, it is illegal to deny the people of Somerville their right to assemble because they look suspicious.
What does this law teach Latino youths or immigrants newly arrived to Somerville? Welcome to America, the rights you were expecting are gone. What has not been taken into account is that the culture of the Hispanic community is to go out in groups - not only that, but it is safer to be in groups in parts of Somerville.
It is right for Tufts students to combat this law. The law has jurisdiction over part of the Tufts campus, and we may be affected by it. The students are taking an active role in community relations, and will hopefully bring further weight against this law.
Latino community leaders' protests against this law have fallen upon deaf ears so far. Members of Project REPEAL, a group of Tufts students, should use their status as members of the city's largest employer to bring more attention to this issue. Students can encourage the University to support them, and to in turn put pressure on the City of Somerville to repeal the law.
The Tufts Community Union Senate just passed a resolution approving Chris Hope, organizer of Project REPEAL, to enter talks with the City of Somerville with the Senate's approval. The rest of the University should follow suit to support Hope and his colleagues. Tufts has a strong place within the city of Somerville. It should be exercised in cases like this.
As pointed out by Project REPEAL members, a similar law enacted in Chicago was struck down by the Supreme Court as unconstitutional in 1999. What is frightening is that other Massachusetts cities want to adopt similar laws. Boston City Councilor Paul J. Scapicchio wants to enact a similar law to combat the same gang's activity in East Boston. Given that Somerville's law got support from the State House, it is likely that similar laws will pass as well.
Tufts must join with Somerville community leaders and other organizations, like the ACLU, to combat this unconstitutional law. Not only in the interest of the safety of Tufts students, but also in part of our role as community leaders. Tufts needs to exert its influence in Somerville, not be passive participants. Project REPEAL is the first step in the right direction.
