MORGANTOWN, W.Va. — Members of the Morgantown City Council met with the city’s police chief and acting city attorney on Friday in light of complaints made by businesses and residents.
The officials discussed concerns of open drug use, panhandling, fighting and disorderly conduct. People have asked the police to use loitering and nuisance laws to arrest and charge the violators.
Morgantown Police Chief Ed Preston said enforcing the laws, however, can be a challenge.
“Loitering is actually a protected activity under the First Amendment,” he said. “The Constitution provides the freedom religion, press, petition, religion and speech.”
West Virginia Substance abuse law also limits what police can do. Under current law, public intoxication is a protected activity when the offender is an alcoholic.
Preston told council members a holding area here would help with alcohol-related problems. He estimated the facility would cost from $150,000 to $180,000 per year to operate, but it would allow officers to return to duty quicker.
Preston said drug cases are handled through medical professionals, whether on the scene or at hospitals.
Police cannot arrest panhandlers unless they are physically aggressive, menacing, intimidating or threatening.
Councilmember Jenny Selin said giving money a faith-based organization rather than a panhandler is a better option. Councilman Ron Dulaney expressed interest in creating a solution.
“I would frankly like to us put a framework in place for what we want to achieve here in place and organize the activities that we need to achieve that outcome rather than just scheduling a meeting without a defined, clear end,” he said.
Leaders have scheduled another meeting with service providers. City manager Paul Brake is working on a plan to guide the discussion.