Chicago's Gang Loitering Ordinance was recently ruled unconstitutional by the Illinois Supreme Court on the premise that it is illegal to arrest someone for their status rather than their actions. However, similar laws still stand in several Chicago suburbs. Alarmingly, these are not just local law enforcement tactics. If you check your own state or local statutes and police practices, you are likely to find similar laws and policies in effect. The trouble with these policies is clear in cases like my client's, who is not involved in a gang and was not with gang members at the time of his arrest.
Similar cases raise a series of questions.
A wave of fear and misunderstanding has resulted in the increasing criminalization of urban adolescents. No one wants their life disrupted by crime, but don't forget, we're talking about kids here. Not so quick. Police and civilian stereotypes of drug dealers often fit the standard dress code of urban youth. Personal stereotypes about color of skin and color of clothing only exacerbate this perception.