Ask The Manager: How does the ACLU impact Pottstown's loitering law?

In reference to our July 27, 2011 "Ask The Manager" -- based on our 7-25-2011 story, "Woman Starts Fire In Borough Hall Cell Block" -- a Pottstown Patch reader asked:

"I can see that the ACLU has challenged loitering laws in other parts of the U.S. How does that impact the decisions that are made about (Pottstown's) loitering law?"

Pottstown Manager Jason Bobst said,

"If you look at the previous instances where the ACLU has challenged loitering laws, the challenges were based on vague or subjective standards that were written in the laws."

The ACLU argued it is unclear whether the conduct is illegal based on subjective standards and could potentially be susceptible to police abuse, he said. 

"Recently, the ACLU of Michigan challenged a 42-year old begging while loitering ordinance in Royal Oak based on their argument that, 'Begging is protected by free speech under the First Amendment and that it’s unconstitutional to outlaw begging in public places.'"

Bobst said Pottstown's police department makes decisions based on what is in the best interest for public safety in the borough.  

"Our police department is aggressive but respectful of our citizens' rights of assembly and free speech, with the safety of our town in the forefront," Bobst said.

Editor's note: Got a question for Pottstown Manager Jason Bobst? Post it on Pottstown.Patch.com and we'll track down the borough expert for the answer. You may also send your questions directly to Pottstown Patch Editor Teresa McMinn at teresa.mcminn@patch.com.