Legal Corner

New Ordinance in Atlanta calls for banishment
pwilley 59 Reviews 3310 reads
posted

City of Atlanta has been conducting public hearings and is nearing a vote which is likely to pass.  Ordinance would allow judge to banish anyone convicted for prostitution related activity from the area they were in at time of crime on first offense.  Second offense allows banishment from entire city.  Third offense would be stiff mandatory jail time.

for any crime, including up to murder.

Sounds unconstitutional.

Even child molesters are allowed to stay in a town as long as they are so many feet from schools, etc.

Anyone else ever hear of this?

Sounds pretty unenforceable, in any case.

(still not a lawyer)

And now was befriending the "clay people"

I think this was an ATL based agency?

Unless they are going to put an ankle bracelet on them, I don't think it would be possible to banish someone from a major city.

Sounds like something the city passed to make them feel like they did something, but it really has no effect on the perceived problem.

Slate agrees with the general consensus here:  it's not enforceable.

If the court orders you to stay away from an area and you do not you have another issue besides the second arrest for prostitution.  It in effect might be used like a restraining order.

Not a lawyer, but thinking through how it might play out.

At least as to being told to stay away from certain areas, never heard of an entire city ban.  No problem with the constitutionality, "if you don't want to have it be a term of your probation, how much time do you want to serve in custody instead?"  They are particularly diligent about it in Vegas and some of the casinos, being all on it with face-recognition technology.  As noted above, it can be difficult to enforce but with the spread of computers and increased connectivity, it will get easier and easier.  So always remember the key: it's no illegal if you don't get caught!

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