Since signing Senate Bill 57 – the failure to disperse act – last month, Gov. Bob Taft is looking to law enforcement and university officials to enforce and educate people about the new law.
“He’s hopeful that local police will work with university administrators to inform people attending the university of the change in law,” said Orest Holubec, spokesman for Taft.
Besides spreading awareness through media outlets, Columbus police will warn violent or riotous individuals of the law before making arrests.
“We’d give the warning, and then we’d remove troublemakers and instigators,” said Mike Weinman, legislative liaison for the Columbus Division of Police. “Hopefully, folks standing around will leave the area. It’s really practical for celebratory riots.”
The law will also aid law enforcement during emergency situations, so they may maintain order around crime and fire scenes.
“Fortunately, we don’t have that often – carrying on at a fire scene – but we do at crime scenes,” Weinman said. “We can use it as a last resort if people try to crash crime scenes.”
The public sometimes does not realize the importance of preserving a crime scene, he said.
If individuals fail to disperse, the law has increased the violation from a minor misdemeanor to a fourth-degree misdemeanor and thus permits police officers to arrest incompliant individuals rather than simply fining them.
“It’s kind of fruitless for police officers to stop and write tickets,” said Chris Ingram, legislative aide for state Senator Jeff Jacobson, who sponsored the bill. “(The law) enables police officers to notify people in the way to evacuate the area.”
Violators face a maximum of 30 days in jail and a $250 fine.
“Our hands were tied trying to prove a riot,” said Sergeant Brent Mull, spokesman for the Columbus Division of Police. “It was putting the community at risk.”
Previously, officers had to prove that four or more people were involved in riotous behavior. Now, they can arrest individuals.
“Gov. Taft believes the bill has been designed to protect law enforcement,” Holubec said. “The riots and unfortunate aftermath played a role in his signing of the bill.”
Jacobson, R-Butler Township, introduced the bill in March 2003 with the Ohio State riots in mind, but other riots at Ohio University and the University of Cincinnati occurred during the bill’s legislative process, Ingram said.
Some professionals see potential holes in the legislation.
“It’s a ‘Dragnet’ type of law,” said David Goldberger, professor of law at OSU. It’s like when you’re catching a fish with a net, you catch everything else. You’re not just dealing with certain people; you’re dealing with everyone in the vicinity. It gives police the ability to arrest people who have not done anything wrong.”
Goldberger acknowledged the law enforcement’s responsibility to maintain order and control, but he believes the law should only apply to emergency situations.
“These kinds of laws are used at the discretion of the police officers, and it doesn’t have to be an emergency. It should only be used for emergency situations,” he said. “Nonetheless, state courts have been inclined to uphold such statutes.”
