Editorial

District Attorney Stephanie Anderson's decision to dismiss Drinking in Public charges with No Further Action (NFA) findings was met with stunned incredulity by Bayside residents and business owners. As word seeped out around the neighborhood, folks began to recognize that upswing in "layouts" and people drinking on their steps may be more than the typical summer upswing, but rather the result of a revolving door policy that allows people arrested for drinking in public (DIP) to be back on the street again in just a few hours.

An exchange of letters between District Attorney Anderson and Portland Police Chief Tim Burton [see below] illustrates the growing frustration between police, County Jail authorities, and the DA's office. The reluctance of judges to sentence offenders to more than "time served" drained DA's office of resources and barely allowed time for folks to sober up and clean up. From a patrol officer's point of view, why should he or she bother with the hassle of arresting someone if the person was going to be on the street again in no time?

The adoption of the NFA policy raises several questions for Bayside residents and property owners. What options exist for patrol officers who often see their role as actually helping people from doing further self inflicted harm? What are residents supposed to do about issues such as obstructing a public way (sitting Indian style in a circle blocking a sidewalk or blocking a street)? What sort of activity rises to a level of being actionable? The new policy creates a threshold where any intrusion upon a resident's quality of life is supposed to be taken in stride. Why ? Bayside may always have more calls for service than more sedate, neighborhoods, but what sort of official policy position would be purposely implemented in a manner that was virtually guaranteed to make matters worse? What was the DA thinking?

Anyone who has had the experience of a feeling trapped in her or his home while a group of folks sits on their steps and drink and yell, or anyone who has had folks camp in his or her backyard leaving their trash and HUMAN WASTE behind knows it can be unbelievably frustrating and dispiriting. Why have a garden, or a courtyard, or a place to hang the wash if it is only going to be trespassed upon? North Deering residents don't routinely walk out of their houses and see someone urinating on a tree. People in Bayside do. Parents in other neighborhoods don't spend nearly as much time having to plan safe routes for their kids to get to activities as Bayside parents do. The chilling effect on property values and people’s general sense of well-being makes creating a caring cohesive neighborhood even more daunting.

The Oxford-Portland Street corridor has one of the highest numbers of calls for service of any area in Portland. Cumberland Avenue ranks high on the list, too. (Weekly crime statistics are available at:http://police.portlandmaine.gov/crimemonthly.asp#calls) Taking a set of law enforcement tools from the hands of police officers is counterproductive in the extreme.

Enforcing Drinking in Public, layouts, refusal to leave, and other laws against so-called minor offenses has the dual benefit of creating a better, safer environment for residents and may possibly be an entree to the offender’s getting help. While it's true that jail isn't necessarily the best place to make changes and point one's life in a better direction, it's also often true that a precipitating event is required to cause people to make positive changes.

The mixed messages sent by different service providers, Portland Police, Health and Human Services, and the District Attorney's Office have a devastating and confusing effect on Bayside. The Bayside Neighborhood Association has worked hard to promote dialog between agencies, residents, and authorities, with mixed results and a decidedly indifferent attitude on the part of providers and government officials. But, it's not their steps that are getting pissed on, not their employees who feel unsafe going to their cars on a winter afternoon, not their houses that they can't find suitable tenants for.

District Attorney Anderson is an administrator with limited resources. However, when she institutes a general policy she really needs to consider the implications for the area most affected.

Steve Hirshon