Pubdate: Mon, 26 Nov 2001 Source: News Journal (DE) Copyright: 2001 The News Journal Contact: http://www.delawareonline.com/newsjournal/index.html Details: http://www.mapinc.org/media/822 WILMINGTON SHOULD HELP NEIGHBORS FIGHT DRUGS AND DISORDER For several years now, Wilmington officials have been struggling to find a way to curb malicious loitering and open-air drug dealing on corners in poor neighborhoods. We understand their concerns and sympathize with their efforts. But they have yet to come up with an acceptable solution, including the latest that would put a six-month moratorium on certain new businesses in residential neighborhoods. The moratorium is Mayor James M. Baker's idea. He has concluded that certain kinds of businesses, particularly corner liquor stores and mini-markets, attract drug dealers. He wants to give the city's legal and real estate departments time to come up with permanent restrictions. Unfortunately, such a moratorium might not stand a legal test if challenged. There are ways for neighborhoods to control the kinds of enterprises in them. One need only visit affluent city neighborhoods to recognize that. Liquor stores and mini-markets exist there too, and generally do not create the kinds of problems the mayor is trying to prevent. The primary reason is that neighborhood residents have organized with city departments and police to stymie unwelcome behavior. This is what must happen in poor neighborhoods as well. It is good the city administration is willing to scrutinize zoning restrictions to see if changes can be made to prevent abuses. But ultimately the solution is going to be enforcing laws and restrictions to prevent disorder, rather than prohibiting legitimate commerce. One argument for the corner business moratorium is that some proprietors actively support the illicit drug trade or allow their stores to be used as cover for illegal activities. We suspect such rogue merchants are in the minority. It would be better to use existing laws to shut them down rather than to treat all neighborhood merchants as suspect. Municipal restrictions can be a legitimate tool to fight urban disorder, but they should involve conventional process. Even if a moratorium is effective in the short run, it is more likely that improvements will last if they are built on community efforts rather than imposed prohibitions that might not be sustainable. - --- MAP posted-by: Jay Bergstrom