Two barbers clipped for loitering - at work

New York Daily News ^ | June 10, 2003 | FERNANDA SANTOS

[sarcasm]

Kim Phann and a buddy had stepped out of Sha's Big Time on Friday night to smoke a butt when a cop slapped them with a pair of summonses.

The charge: "loitering in front of business."

But Phann and Bruce Rosaro, 27, weren't just hanging outside the Bronx barbershop. They work there.

"We can't smoke inside because it's against the law," Phann, 23, told the Daily News. "What are we supposed to do? Go home to have a cigarette?"

It was 7 p.m., and Phann, who has been a barber at Sha's for two months, still had one more haircut to go before calling it a night.

But before he was able to get back to work, a police wagon turned the corner and slowed to a stop outside Sha's, at 935 N. Morris Park Ave., near Fowler Ave.

"Let me see some IDs," a cop told Phann and Rosaro, who said they quickly whipped out their driver's licenses.

Next thing he knew, Phann had the pink summons slip in his hand.

"Blame it on Bloomberg," they said the cop told them before driving away.

When asked about the summons, police spokesman Deputy Chief Michael Collins issued the same statement he has made regarding other tickets.

"As the Daily News is fully aware, or should be aware, there are administrative processes available to those who may have been issued summonses in error or for those who may have a legitimate reason for violating these regulations," he said. "Those procedures are clearly described on the summonses issued to violators."

Phann said he plans to appeal the summons, which does not specify a fine for his offense.

[Movemout]

This revenue enhancement program has gotten way out of hand. It almost seems like some police officers are deliberately issuing citations under questionable circumstances to draw unfavorable attention to the city's grab for cash.

[Living Free in NH]

...there are administrative processes available to those who may have been issued summonses in error or for those who may have a legitimate reason for violating these regulations

I guess it would be unreasonable for the dumb-ass cops to demonstrate common sense at the time of the "violation."

[John Beresford Tipton]

That actions have consequences is a truism.
This chicken shitite is going to continue until one day a cop desperately needs help and a pissed off citizen refuses, and tells the paper "I didn't call for an ambulance for that cop because that mother gave me a citation last week." I know if I were one of those barbers I'd let that cop exsanguinate on the street and tell him to "take it up with Bloomberg."

[Drammach]

The cops have to enforce the laws.
They are doing what they can. Blaming it on Bloomberg.
They can't SAY "Get rid of Bloomberg and elect someone who will change these laws", but basically, that IS what they are saying.

New Yorkers need to go the Gray Davis route, and initiate a recall referendum.
"Take it up with Bloomberg".

[visualops]

It would seem to me the definition of "loitering" would/should be defining enough to excuse legitimate "hanging around". Seems to me this 'crackdown' on regular folks going about their business is ripe for legal action. Where's the ACLU now?

[KeepUSfree]

Try to think of thsm as a "bunch of little John Galt's with blue uniforms and nightsticks" - hoping to bring down the bad system under it's own weight....

[Gabz]

Puff!!!!!!!

[NYFriend]

It is. In NY State, loitering is:
§ 240.35 Loitering.
A person is guilty of loitering when he:
1. Loiters, remains or wanders about in a public place for the purpose
of begging; or
2. Loiters or remains in a public place for the purpose of gambling
with cards, dice or other gambling paraphernalia; or
3. Loiters or remains in a public place for the purpose of engaging,
or soliciting another person to engage, in deviate sexual intercourse or
other sexual behavior of a deviate nature; or
4. Being masked or in any manner disguised by unusual or unnatural
attire or facial alteration, loiters, remains or congregates in a public
place with other persons so masked or disguised, or knowingly permits or
aids persons so masked or disguised to congregate in a public place;
except that such conduct is not unlawful when it occurs in connection
with a masquerade party or like entertainment if, when such
entertainment is held in a city which has promulgated regulations in
connection with such affairs, permission is first obtained from the
police or other appropriate authorities; or
5. Loiters or remains in or about school grounds, a college or
university building or grounds or a children's overnight camp as defined
in section one thousand three hundred ninety-two of the public health
law or a summer day camp as defined in section one thousand three
hundred ninety-two of the public health law, or loiters, remains in or
enters a school bus as defined in section one hundred forty-two of the
vehicle and traffic law, not having any reason or relationship involving
custody of or responsibility for a pupil or student, or any other
specific, legitimate reason for being there, and not having written
permission from anyone authorized to grant the same or loiters or
remains in or about such children's overnight camp or summer day camp in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
6. Loiters or remains in any transportation facility, unless
specifically authorized to do so, for the purpose of soliciting or
engaging in any business, trade or commercial transactions involving the
sale of merchandise or services, or for the purpose of entertaining
persons by singing, dancing or playing any musical instrument; or
7. Loiters or remains in any transportation facility, or is found
sleeping therein, and is unable to give a satisfactory explanation of
his presence.
Loitering is a violation.
(NYS PENAL LAW)

The City of NY may have a local law. Sounds like a joke to me.

[TC Rider]

This pretty much guarantees that Mrs TC and I will forego our annual trip to NYC next winter. My favorite timekill as the Mrs shops is to loiter and smoke a cigar. The MRs is upset that she can't smoke cigs in bars and now we've heard that they have banned smoking in our favorite bar, the Oak Bar at the Plaza.

Adios suckers.

[coloradan]

The cops have to enforce the laws.

They must follow orders? What about separation of powers?

[Ranxerox]

a "bunch of little John Galt's with blue uniforms and nightsticks" - hoping to bring down the bad system under it's own weight....

That's right, and the way to help them do it is to take every little summons and citation to court, and absolutely swamp the system. Two can play at this game, but I doubt enough New Yorkers have the b*lls to actively fight back.

[Great Dane]

The insanity of it all, it's gets worse day by day.

[Great Dane]

In other words, if two friends happen to bump into each other, stop to chat........... they are loitering too. ???

[Gabz]

That's the way I read it.

[Just another Joe]

Everything in NYC is now going to be "Blame Bloominidiot"

It seems to me that there is more going on between the police and Bloominidiot than anyone is fessing up to.

[Madame Dufarge]

"As the Daily News is fully aware, or should be aware, there are administrative processes available to those who may have been issued summonses in error or for those who may have a legitimate reason for violating these regulations," he said. "Those procedures are clearly described on the summonses issued to violators."

What a good German.

[Gabz]

It seems to me that there is more going on between the police and Bloominidiot than anyone is fessing up to.

I do believe you are right.

[Lazamataz]

Bloomberg is insane. He is worse than David Dinkins.

[Lazamataz]

In other words, if two friends happen to bump into each other, stop to chat........... they are loitering too. ???

Don't try it, buster.

Dane (the freeper) would have you sent to jail for such a heinous infraction.