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The History Of Loitering Laws

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The History Of Loitering Laws
Loitering laws targeting gangs have had an interesting history in the United States. The background of loitering laws, according to Joel D. Berg article “The Troubled Constitutionality of Antigang Loitering Laws” dates all the way back to 1349 English vagrancy laws that restricted the rights of individuals that were unemployed and owned no land (1993:462). Once settlers immigrated to the United States vagrancy laws followed them, but the vagrancy laws evolved as a tool to fight crime (1993:463-464). Loitering laws have been fought for their constitutionality before, under the case Papachristou v. City of Jacksonville in 1972 and later more frequently City of Chicago v Morales in 1999. The main challenge of these laws, both vagrancy and later loitering is the vagueness of their authority. Police Officers can take advantage of the wording and have that authority to fine or even jail individuals they deem “suspicious”. The police under anti-gang loitering ordinances are given a lot of authority, and activists are concerned that the police will not abuse their new law given power, and the constitutionality of the laws.
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