By DONALD WITTKOWSKI
Responding to complaints about rowdy teenagers disrupting the summer tourism season at the shore, three Republican lawmakers have introduced legislation that would allow police to detain – but not arrest – juveniles who drink alcohol or use marijuana in public.
The bill is being characterized by one of its sponsors as a “tool” that would give police the power to essentially break up large groups of unruly teens that gather on the beaches, boardwalks or other popular hangouts at the shore.
“Once you detain a couple of kids, I think you’ll break up the whole crowd,” said state Assemblyman Don Guardian, who sponsored the legislation with fellow Republican Atlantic County lawmakers Sen. Vince Polistina and Assemblywoman Claire Swift.
Polistina said both the Assembly and Senate versions of the bill will be posted and hopefully move through both houses without issue.
“This isn’t a partisan issue, it’s one that touches every one of us in our communities one way or another,” Polistina said in a news release Thursday announcing the legislation. “Hopefully, these bills will garner support from both Republicans and Democrats and help avoid situations like we’ve recently seen in Wildwood and elsewhere.”
An unsanctioned pop-up H2oi car rally in Wildwood on Sept. 24 turned into chaos in the streets, resulting in the deaths of two people struck by a fleeing driver who was later arrested.
Elected officials and police chiefs at the Jersey Shore have complained for two summers in a row that rowdy teens have little to fear now of being arrested, which has emboldened them to commit crimes such as theft, vandalism, underage public drinking and smoking pot.
State laws enacted last year as part of Democratic Gov. Phil Murphy’s juvenile justice reforms put restrictions on police on how far they can go in their interactions with teens. Instead of placing juveniles under arrest or taking them into custody, officers are required to give them “curbside warnings” for minor crimes such as underage drinking or marijuana possession.
Polistina said the legislation he introduced with Guardian and Swift would “give some power back to the police, and hopefully help to quell any issues before they arise.”
The bill would allow police to detain juveniles caught drinking alcohol or using marijuana in public and to notify their parents or legal guardians. The juveniles, though, would not be arrested.
“We’re looking to find a logical solution. We want to allow police to detain the juveniles and call their parents,” Guardian said in an interview.
Guardian stressed that elected officials do not want to saddle juveniles with a criminal record for possessing alcohol or using marijuana. The legislation says juveniles under the age of 18 would be given a written warning and taken to the police station under “temporary custody” before they are released to their parents or legal guardians.
“Kids today need to be reminded that we are a country and a state that believes in law and order,” Swift said in the news release. “No one wants to see a criminal charge affect the future of a young child. However, we do have laws and rules as a society, and we must live within those boundaries.”
Sea Isle City Mayor Leonard Desiderio, one of the most outspoken critics of the governor’s juvenile justice reforms, welcomed the proposed legislation by Polistina, Guardian and Swift.
Desiderio, who also serves as a Cape May County commissioner, said he plans to immediately begin calling all 80 members of the Assembly to urge them to support the bill.
“It’s going to be our job to be on it,” Desiderio said of his intention to keep the pressure on state lawmakers for their support.
Speaking at an awards dinner Wednesday night in Sea Isle, Desiderio threatened to send protest marchers to the homes of lawmakers who don’t support the legislation.
“We’re going to come to their house and march,” he declared.
During a City Council meeting in Sea Isle on Tuesday, Desiderio demanded that the Legislature change “crippling laws” that restrict police in dealing with rowdy teenagers and young adults during the summer tourism season.
As he has done repeatedly in the past, he criticized the state for newly enacted laws that he says have hampered police officers from doing their job while trying to prevent teenagers from getting out of hand.
He urged the Legislature to give police the power to issue citations or detain teens or young adults who break the law by drinking alcohol or using drugs in public places.
As part of a campaign to change the existing laws, Desiderio met Monday with state Sen. Michael Testa and fellow Cape May County mayors Patrick Rosenello of North Wildwood, Martin Pagliughi of Avalon and Tim Donohue of Middle Township to discuss their strategy.
