‘Right to Assistance’ bill necessary

Feeling safe in your own home and neighborhood is a critical quality-of-life issue - especially for those who are victims of crime.

A 'Right to Assistance” bill, which takes direct aim at some local nuisance ordinances, is making its way through the state legislature, passing through the Iowa House this week without dissent. The measure is now before the Senate Judiciary Committee, where we hope it will find more support.

Many of Iowa's larger cities, including Cedar Rapids, have linked police presence to neighborhood nuisances. Specifically, such ordinances target problem areas where ongoing activities negatively impact the surrounding neighborhood, placing an undue burden on taxpayers for police resources, They force landlords to deal with criminal activity that may be taking place in their properties. In many cases, such as loud parties, the link is justified.

But last fall, a Pennsylvania case was elevated to federal court by the ACLU that highlighted the double-edge of labeling police calls as a neighborhood nuisance. In that case a woman who was a victim of domestic violence says she was forced to make a choice between allowing her abuser, recently released from police custody, to move into her home or face eviction due to another instance of police presence. The woman, who did ultimately face eviction, won the federal case and lawmakers in Pennsylvania have since unanimously outlawed the types of ordinances that placed the woman at risk.

Officials with the City of Cedar Rapids have argued the protections offered by this bill are not necessary, noting that protective police calls are exempt from further action under the SAFE-CR nuisance abatement effort. While we applaud this stipulation, the Cedar Rapids law does apply to calls made by neighbors. Under such a scenario, a victim of domestic abuse could be fighting off an attacker on or within 1,000 feet of her property line and a neighbor's 911 call could be charged against the property and lead to eviction.

If the victims' protections Cedar Rapids and other cities tout as part of their nuisance ordinances are in place and being leveraged efficiently, codifying the exception as part of state law should not be an issue. Such ordinances have the potential to violate the First Amendment right to petition the government, due process guarantees and prohibitions against housing discrimination.

Better assurances for crime victims are needed.

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