Meeting Set to Address Frustration Over Main Street Loitering

The assault of a woman in her store late last week was apparently the last straw for some Main Street business owners frustrated by loitering along the retail and restaurant corridor and what they see as a lack of action by the city. 

Westminster Mayor Kevin Utz has called a meeting for Feb. 17 to address the issues but says the city is aware of the problems and is already taking steps to address them.

Utz said he called the meeting to explain to business owners what the city is doing and plans to do about Main Street loiterers, as well as to hear from business owners.

The incident that has stirred the recent discussions occurred Feb. 2 when Toni Pomeroy, owner of , witnessed a fight taking place in the middle of Main Street.

In an effort to break it up, Pomeroy said she stuck her head out of her door and yelled that the police were on their way. As she walked back into her business, a woman who was with those fighting in the street followed Pomeroy into the building and punched her in the face.

According to police reports, the woman who attacked Pomeroy was arrested and charged with assault.

The assault spurred discussion among business owners, some of whom sent emails to city council members and the mayor suggesting that the city isn't doing enough, quickly enough, about people who appear to be without jobs and homes and who hang out on Main Street for much of the day.

Utz took umbrage at the suggestion the city isn't doing enough to address the issues. He said some business owners are unaware of what the city has done.

"The situation we find ourselves in here in Westminster is both complex and difficult," Utz said. "There is no single solution that will create the permanent change that we would all like to see. That said, I strongly disagree with the notion that the city has been uncaring or unwilling to work toward long-term solutions."

Utz pointed out that city representatives, representatives from human service programs and the police chief have been involved in roundtable discussions with Main Street business owners over the past two years to discuss such issues.

In December, the city council approved implementation of an action plan that addresses habitual Main Street loitering problems, among other things.

In a letter to businesses, Utz also noted that the city has already implemented efforts to deal with nuisance loitering issues.

According to Utz, an officer has been assigned to patrol downtown full-time and the Locust Lane/library area has been designated a city park so that certain types of non-criminal conduct can be regulated and individuals violating the “code of conduct” banned from the area. There are enforceable conduct rules that apply to city parks that do not apply to other public areas.

Bill Schroeder, owner of Guilianova's Deli and Groceria, said the recent attack was an isolated incident and every city faces these types of problems.

"I think it was a random act of violence," Schroeder said. "This could happen in any small town USA. But we do need to address the issue of the vagabonds and the people that come down here to get social services."

Schroeder maintained that Main Street is safe. "This was an isolated incident and the city is well aware of the issues we have with people who don't have anywhere else to go."

The problem for police officers, Westminster Police Chief Jeffrey Spaulding said, is that habitual loiterers are not actually committing crimes. He said that there are laws for public drinking, disorderly conduct and public fighting, but that there isn't a law to fit every circumstance.

"We don't have a law that says people can't hang out on the sidewalk in a business district," Spaulding said.

Some business owners have called for a no-loitering law, but Utz said such laws are being challenged and ruled unconstitutional across the country. Spaulding added that courts have expanded First Amendment rights, making no-loitering laws difficult to uphold.

Spaulding also noted that it is not the same people every day who are the focus of the problem for Main Street business owners.

"Some are local, some are not. Some are homeless, some are not. It's not the same people causing the same problems in the same places," he said. "It's like a moving target."

Utz said he is also talking to mayors from across the state to learn what is working in other cities.

Pomeroy said she is glad positive discussion came from her ordeal and she hopes positive action will be taken. She said the business community has rallied and the city and police department are listening and seem invested in making improvements.

"We certainly understand their (business owners') frustration," Spaulding said. "We want to do everything we can to help produce a strong business environment on Main Street."