Annapolis Capital Punishment

Many months ago, The Capital and Baltimore Sun reported about a potential lawsuit to be brought by the American Civil Liberties Union of Maryland (ACLU) against The Housing Authority of Annapolis (HACA) and our police department because of their policy banning certain individuals from visiting HACA properties. At that time I spoke with HACA Executive Director Eric Brown who indicated that he was unaware of any impending lawsuit and that he had not heard from the ACLU in that regard. ( Capital's Editor and Columnist Think ACLU is Wrong1 Feb 2009 by Paul Foer )

In a column in The Capital as recently as August 18, Eric Hartley wrote that, "Deborah Jeon, an ACLU lawyer, said the city and housing authority have refused to discuss the issue, leaving the plaintiffs no choice but to sue.

'We are certainly willing to negotiate,' she said."

It seems to be in everyone's best interest to negotiate and avert litigation, so I discussed this at length with a media representative with the ACLU who sent me two letters showing that Brown and the police department were aware of ACLU's concerns and potential action. How could they have missed articles in two newspapers and here, including where even Brown was quoted?

Former Alderman Carl Snowden who is now an assistant attorney general for Maryland, had suggested to the police department, under new leadership in 2008, that it communicate with the ACLU regarding this matter. Major Scott Baker did just that and on July 16, 2008, the ACLU's Legal Director Deborah Jeon wrote to him citing a plethora of state case law and other legalese stating its objections. The letter was cc'd to Carl Snowden and said, "As discussed below, it is the view of the ACLU that this past practice is legally problematic, and should be reconsidered." It ended as follows:

"Based upon these authorities, we believe that it would be inadvisable for the Annapolis Police Department to continue enforcement of HACA banishment orders through pursuit of criminal trespass proceedings against alleged violators.

If you have any questions about our analysis, please do not hesitate to contact me.

Again, we appreciate your solicitation of our views."

I do not know if the police followed up or contacted Eric Brown. I wrote to the city attorney, police department officials, Eric Brown and Ray Weaver, public information officer of the APD who replied: "Can't say much due to pending litigation, but give Major Baker a call tomorrow."

I wrote back to Weaver again, because as PIO, it is his job to respond to media inquiries, and Baker had also received my email. I have not received comment.

On January 5, 2009, Jeon again wrote to Brown and Pristoop, citing yet more legal details and stating that HACA's policy and police enforcement of that policy are in violation of the law. ACLU told Brown and Pristoop that if they did not suspend enforcement of the policy by January 31, the ACLU would take legal action. The letter was co-signed by a Washington-based lawyer.

This letter apparently went unanswered. I wrote to HACA Executive Director Eric Brown:

"I would like to know if the ACLU has or has not contacted you in any way regarding the lawsuit--either before it was filed or since it was filed. ACLU claims that HACA has not responded.....is this accurate?"

Brown replied with one word:

"NO!!!!!"

I again wrote to Brown:

"I have copies of letters and other information that tell me that ACLU has tried to communicate with HACA, for example a letter of January 5, 2009. Also, through various media reports, you were aware of ACLU's intentions so I ask how come you never communicated with ACLU?

ACLU also communicated with Chief Pristoop and Major Baker of the APD. Surely you must have had conversations with them about ACLU's concerns and correspondence?

Please provide details. Thank you"

"Paul

With all due respect, this is [sic] involves a pending legal matter and it is not appropriate for me to comment further."

I again wrote to Brown:

"Earlier today you told me clearly that ACLU had never communicated with you. They have shown me how they have. There were even media reports about an impending suit. Now you say you cannot comment.

I had very much hoped that as a citizen who lives near public housing and is greatly affected by it, as is everyone in Annapolis, that this matter could have been settled before it went to litigation. Perhaps it can still be settled."

Brown has not responded. Neither have Pristoop or Baker.

What's going on here? It appears to me that once again our city (and our public housing authority) are being sued. Could this have been averted? Perhaps. Brown and certainly Pristoop, a lawyer, and Baker, who may also be a lawyer, should certainly have tried every avenue to hold off litigation. Perhaps they tried, but they are not saying--and of course through Weaver, are saying that THEY CANNOT SAY. It is clear that the ACLU has been forthright and patient and has not jumped into this. And as much as I hate to say it, Carl Snowden, a man widely known to many in town, may deserve credit for working behind the scenes to do the same.

So here we are and now nobody is talking because "it's a legal matter." Too bad they could not have been more open and communicative before so it might not have become another lawsuit. I am concerned about how this lawsuit could tear at the fabric of our community and possibly become an unwelcome intrusion into the elections. CP has asked all the mayoral candidates for their views, and so far only McFall, Renaut, Fox and Cohen have responded and their views have been published here.

If the police department and HACA wish to provide further comment, they may do so of course, but they have had enough time to respond. I am told there is a HACA meeting tonight.