http://www2.tbo.com/news/breaking-news/2011/dec/15/tampa-council-oks-impound-law-for-solicitation-arr-ar-335139/
TAMPA –
TAMPA In an effort to clean up some of Tampa’s most troubled neighborhoods, City Council members voted 6-1 this morning to let police confiscate the cars of anyone arrested for soliciting prostitutes or dealing drugs.
The new rule, which has the support of police, goes into effect immediately.
Councilwoman Mary Mulhern cast the lone dissenting vote.
On Dec. 1, Mulhern opposed the measure because, she said, it could pose a hardship for one-car families should a family member run afoul of the law. Anyone whose car is impounded will have to pay $500 plus towing fees to retrieve it.
This week, Mulhern reminded council members that previous attempts to impound vehicles of suspected johns have lost in court.
“I’m even more concerned about the legality of this,” Mulhern said. “It troubles me.”
Mulhern also was worried that the fines levied on impounded cars could encourage police to enforce the rule more aggressively than might be needed.
A previous incarnation of the impound ordinance, proposed by then-Councilman Bob Buckhorn in 1997, netted the city hundreds of thousands of dollars a year.
Now mayor, Buckhorn revived the measure this year on the heels or an ordinance banning panhandling on city streets every day except Sundays. Both measures confront quality-of-life issues arising out of tough economic times.
In a written statement, Buckhorn praised the council decision.
“At the end of the day, these offenders will have to go home, without their vehicles, and face their families and the consequences of breaking the law,” he said.
The city’s original impound ordinance’s fines supplemented the police budget. The new ordinance pumps those fines into the city’s operating budget.
Civil-rights advocates have fought similar rules elsewhere, noting that they turn the legal philosophy of innocent-until-proved-guilty on its head.
City attorneys have assured council members that the new rule will stand up to a court challenge.
Supporters of the impound rule argued it will clean up troubled neighborhoods and improve property values.
Councilwoman Yvonne Yolie Capin had little patience for arguments that the rule violated suspected johns’ civil rights.
“Neighborhood residents have civil right, too,” she said. “They have a right to live in safe neighborhoods.”
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