State College debates nuisance ordinance

Mike Joseph

STATE COLLEGE — At least half of the Borough Council wants to press ahead with a controversial nuisance gathering ordinance despite opposition from a major Penn State student organization and the American Civil Liberties Union.

At a work session Monday, three of the six council members present voiced clear support for some version of a new ordinance that would subject party hosts to hundreds of dollars in summary offense fines for creating conditions that lead to illegal behavior of guests.

“It’s not designed to hurt students — it’s actually designed to keep them safe,” said Councilwoman Theresa Lafer, who lives in a mixed neighborhood of student homes and permanent residents. “I’ve watched them go by — they can’t stand up. It’s not fun and it’s not funny. Binge drinking has become the thing to do.”

Lafer and council members Silvi Lawrence and Ron Filippelli voiced the strongest support for the proposal.

“We need to get control of these kind of disturbances,” Filippelli said.

“We need to find ways for people to take responsibility,” Lawrence added. “They’re really disturbing the peace and welfare of the neighborhoods. We need to have a stronger ordinance than we have now.”

Councilman Don Hahn was supportive but less so, advocating a “safe harbor” provision that would let hosts off the hook if they could demonstrate they followed certain guidelines to ensure their parties did not lead to illegal activities.

Council President Elizabeth Goreham suggested a party registration system that would allow the borough to deny permits for future parties as a consequence for parties that get out of control.

Councilman Peter Morris was alone in his unequivocal opposition to the ordinance. He said he was convinced by a letter from an ACLU attorney in Harrisburg that said ordinance would violate the Constitution by holding a third party — the party host — criminally responsible for the illegal activities of a guest.

The proposed ordinance was designed to try to reduce disorderly conduct, fights, public urination, property damage and other crimes that arise in downtown neighborhoods in the midst of off-campus parties.

Morris said, among other things, that he feared the borough could get involved in costly litigation if the ACLU took it to court over the ordinance.

“The opinion of the ACLU is important,” he said. “My guess is they’re probably right. ... I personally don’t want to be on the wrong side of defenders of the Constitution.”

Councilman James Rosenberger was not present Monday.

Supporters of the ordinance agreed to eliminate the possibility of jail time from the draft, and there was broad agreement that the ACLU and the primary student organization opposed to the ordinance — the University Park Undergraduate Association — be consulted.

“I think it’s very important for everyone to come to the table on this,” borough resident Carol Gold told council.

After such discussion, borough Manager Tom Fountaine said, the ordinance could come up for action at council’s Dec. 7 meeting.

Mike Joseph can be reached at 235-3910.