The Madison City Council reconsidered its controversial loitering ordinance Tuesday, failing to override a mayoral veto by a 9-6 vote.
Council members had passed a measure during their previous meeting eliminating the sunset clause of the anti-loitering ordinance, but critics of the law, including Mayor Sue Bauman, consider it racist since the majority of people affected are minorities. Last week, Bauman vetoed a plan that would have made the ordinance a permanent law, causing the issue to be brought up once again Tuesday.
With the failure to override Bauman's veto, the ordinance will expire at the end of today.
The Council had decided to table the measure following several hours of debate on the issue.
The discussion drew many heated remarks, including some from the mayor, who temporarily left the room after confronting one of the public speakers, although rules of order forbid council members from speaking during the public forum.
Madison resident John Lucille's comment that \the mayor doesn't have a clue what's going on,"" drew rebuff from Bauman, who said she was going to break order to reply since Lucille directed his criticism specifically at her.
""I didn't say get rid of the ordinance, I said don't make it an issue this time,"" Bauman said before several council members drowned out her remarks with calls for point of order.
Although Lucille disagreed with Bauman, several other speakers personally thanked her for vetoing the elimination of the ordinance's sunset clause.
Shwaw Vang thanked the mayor and called the ordinance a ""tool to promote prejudice.""
He said he grew up in an low-income neighborhood and had been targeted by police for no apparent reason. He also said young people have a right to gather outside in neighborhoods such as his, which are often targeted under the ordinance.
""When you live in an apartment that's a little bigger than the men's restroom here [in the City-County Building], where are you going to go to hang out? There's no green backyard,"" Vang said.
David Hart, who spoke on behalf of the NAACP, also said he supported Bauman's veto.
""All of us want our children to be free from the ravages of drugs, but other communities are fighting drugs effectively without this ordinance,"" he said.
However, Madison Police Department Captain Randy Gaber said he was upset his department had come under attack recently.
""Any accusations that the Madison Police Department is using this ordinance to single out individuals for anything but behavior is very disappointing,"" he said.
Gaber said the MPD uses a multifaceted approach to fight drug crime, including working with grass roots neighborhood associations.
""If this ordinance is defeated, we will continue our efforts for the city of Madison, but with one less tool,"" Gaber said.
