Ellington

Sept. 21, 2011

In less than a month, convenience-store owners in Jackson's city limits must hire security guards if their business is open from midnight to 5 a.m.

On Sept. 6, Jackson City Council members passed an ordinance requiring the extra security precaution. Ward 1 Councilman Quentin Whitwell and Ward 2 Councilwoman Margaret Barrett-Simon voted against the ordinance.

The council passed the ordinance the day after a 16 year-old clerk shot and killed Dilip Patel after a $3 dispute over gas at a Shell station on Terry Road.

The ordinance also requires convenience stores to submit a security plan to the city within 100 days of its passing.

The ordinance, however, does not cite any penalties or enforcement mechanisms for ensuring that convenience-store owners follow through with the provision.

The original ordinance would have required convenience store owners to hire security at all times but was scaled back.

Whitwell said that he fears the ordinance will hurt the business community because it singles out one type of business. He said that other businesses such as hotels and clubs are open after midnight and will not be required to have security guards.

"Interjecting government into the lives of these businesses in terms of telling them what is in their best interest to keep their clients safe--I could just not vote for the final passage," Whitwell said.

"I think there are some constitutional issues that will arise with the ordinance."

Whitwell, an attorney, said he also wanted to see more data to show that security guards make businesses safer and not lead to more gun violence. He said he is supportive of the security plans.

Ward 2 Councilman Chokwe Lumumba, also an attorney, said that the ordinance would ultimately protect convenience-store owners from potential liability suits resulting from crime incidents. He said that he doesn't know of any convenience stores in his ward open after midnights that do not already have security.

"From my involvement with premise liability cases, which means that someone is killed on the premises, you are talking about millions of dollars in judgments," Lumumba said. "I have known of numerous suits that have been successful against property owners. One of the main characteristics of showing liability is showing that the property owners did not have security. ... If community folks want to raise the issue, bring it to the council or the People's Assembly and have some good arguments, then I am willing to listen to them."

Reached by phone, Jackson Mayor Harvey Johnson Jr. said he had not yet read the ordinance and would need to look into it before making a statement The mayor, however, has veto power and could decide to kill the ordinance. Jackson Police Department Assistant Chief Lee Vance also said he needed to review the ordinance before commenting on law enforcement's role.