Greensboro City Council members felt that an emergency meeting should be called to discuss the seven homicides that have occurred over the past two weeks.
The meeting included several Captains and Assistant Chiefs from the Greensboro Police Department explaining to Council what Greensboro Police Officers do to help keep Greensboro safe. When the meeting was over the Council praised the Police Department for their presentation and vowed to get more money to them. There was also talk of even hiring a third party to come help Greensboro organize and operate the Police Department.
However, Greensboro City Councilman Robbie Perkins took a few cheap shots at the Guilford County D.A., Doug Henderson, at the ending of the meeting. Perkins wants to know why the D.A. is not willing to work with GPD to close establishments that pose a threat to the community's safety. Chief Bellamy reported that police had meetings with the D.A. regarding the possibility of a nuisance abatement for two businesses in Greensboro. One of the businesses police wanted closed is an infamous strip club called Sugar Bares on Farragut Street. The other business police wanted closed is a club located at 508 Teague Street.
Bellamy reported to the council that the D.A. told GPD that it was the City Legal Department's job to file nuisance abatement cases. Perkins responded by saying he wants the D.A. to provide a written explanation for his lack of interest in the two proposed nuisance cases: "This is something that the press can write about that is gonna get something done in this community to fight crime."
Perkins also asked what kind of support GPD got in the past from former D.A. Stuart Albright. The response Perkins got from police was that the former D.A. supported nuisance abatement cases 100% and worked with the police well. Perkins then stated that he was convinced that the nuisance abatement cases Albright did while he was the D.A. saved lives in the community.
Albright only did three nuisance abatement cases in Greensboro while he was the D.A. All three of them were Asian Massage Parlors with no history of violent crimes. I am convinced Perkins does not know what he is talking about.
What is most interesting is the fact the the Police Department has little knowledge of the law regarding nuisance abatement. Allow me to explain. North Carolina's nuisance abatement statutes, codified at G.S. Sections 19-1 et seq., were created in 1913. But for more than eighty years, the statutes received little use, due to the fact that abatement actions could only be executed by one of three parties. They were the Attorney General, district attorneys, or private citizens.
In December of 1995, an amendment to G.S. Section 19-2.1, allows cities and counties to launch civil nuisance abatement actions in the name of the State of North Carolina. That means that local governments do not have to wait on the Attorney General or district attorneys to perform abatement actions.
If Perkins really wants to help the City close these two businesses down then he should go to the Legal Department and ask them why they cannot do what the law allows them to do. Henderson was not incorrect when he reported to GPD that it was the responsibility of City Legal to file nuisance abatement cases. The law absolutely allows the City to do it on their own.
Chapter 19.The City can easily make a case that the two mentioned establishments, "create and constitute a breach of the peace" and the City doesn't need the D.A. to make the case for them. The law changed more than a decade ago. One would hope the City leaders were aware of that.
Offenses Against Public Morals.
Article 1.
Abatement of Nuisances.
§ 19‑1. What are nuisances under this Chapter.
(a) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this Chapter, shall constitute a nuisance.
(b) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated acts which create and constitute a breach of the peace shall constitute a nuisance.
(b1) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated activities or conditions which violate a local ordinance regulating sexually oriented businesses so as to contribute to adverse secondary impacts shall constitute a nuisance.
(c) The building, place, vehicle, or the ground itself, in or upon which a nuisance as defined in subsection (a), (b), or (b1) of this section is carried on, and the furniture, fixtures, and contents, are also declared a nuisance, and shall be enjoined and abated as hereinafter provided. (Pub. Loc. 1913, c. 761, s. 25; 1919, c. 288; C.S., s. 3180; 1949, c. 1164; 1967, c. 142; 1971, c. 655; 1977, c. 819, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1998‑46, s. 7; 1999‑371, s. 1.)
Raleigh did not need the D.A. to file this against a night club.
Durham did not need the D.A. to file this either.
Wilson did not need the D.A. to file this.
Perkins needs to contact ALE’s Nuisance Abatement Team by calling (919) 733-4060, if the Greensboro Police need investigative help. Once the evidence is gathered, Perkins needs to get the City to file nuisance abatement cases. Who is running Greensboro's Legal Department anyway?
20 comments:
Good post, Clyde.
"Who is running Greensboro's Legal Department anyway?"
A: Mitch of course...along with the Police Department.
If Perkins really gave a damn he'd file the nuisance abatement himself. Even though he sits on the Council he is still a private citizen and unlike most private citizens Perkins has the ways and means to make it happen. He's just putting on a show in front of the cameras.
Yep, billy is right. Perkins is trying to spread the heat which is properly placed right now.
Actually, I think it is Alan Duncan of Smith Moore, a hired gun, who is running City Legal. He must be a busy man doing that and has to start looking for a new School Superintendent. He must be really good to handle so much so well.
It's interesting that Ben found two points of law in two posts here that city personnel should have known. What are they incompetent? Duh, I guess so.
Great job Ben! You even got the N&R to stand up and take notice.
It appears Linda Miles and her legal staff were too involved in the Wray smear campaign to handle the less important stuff like helping to reduce violent crime and murders in Greensboro.
How in the hell can City Council justify Mitch Johnson hiring Linda Miles back under this outrageous contract?
Miles refusal to handle the apparent less important things like nusiance abatement actions for the GPD shows that she isn't representing the citizens and their needs. She is simply pursuing her own personal agenda against David Wray, with Mitch Johnson's tacit approval and using our tax dollars to do it.
Seems to me that the nearly $1 million in expenses Mitch and Linda have, and continue to spend on the Wray situation, could have gone a long way to address the crime issues in Greensboro.
City Council - it's time to take action!!
I can't believe that no one has pointed out that three points in this nuisance abatement statute begin with the words "the erection."
Seriously, though, what does Perkins have against Henderson? What do you think are the politics behind his dramatic performance at the meeting?
Anonymous said, "Seriously, though, what does Perkins have against Henderson? What do you think are the politics behind his dramatic performance at the meeting?"
Perkins will say or do anything or anybody to make it seem as if he gives a damn about Greensboro when in-fact the only reason he's seated on any political board is a means to help him line his own pockets. His attack on Henderson is nothing more than political smoke and mirrors-- an attempt to create a fog so people won't see the dirt on his own hands.
"Seriously, though, what does Perkins have against Henderson? "
He is a sucky-DA, that's all..
How about Henderson's refusal to pursue CCE charges against gang members?
Yes, Stewart Albright only did three nuisance abatements while DA. How many has Doug Henderson done? The city can and should do the nuisance abatements. They are expensive and time consuming but not as expensive as murders and other criminal activities.
My fault with Henderson is not that he is wrong because he is clearly correct when he says the city can do them. My problem is his lack of cooperation or desire to help with the crime problem that affects us all!
D.A. Henderson will not do anything Joe Williams doesn't approve!
Please push for Mike Oates to take over at the PD! He can engineer Mitch's downfall, have sex with half the Council, run the gangs out of town, pacify the racial problem inhouse, minimize reverse discrimination now rampant and lower the murder rate. PS, he doesn't kiss ass like Hastings does to get ahead.
quit whining...vote republican next time!!!!
I've tried for a long time to stay out of this, but the insanity has gone overboard! Why is everyone pointing fingers an saying "they can do it,I shouldn't have to". The answer is very simple....the Chief went to the DA and asked for help. The DA, being as slack and uninterested in actual prosecution of criminals said no! The statute makes it perfectly clear that Henderson has the power and authority to initiate and participate in a nuisance abatement. So instead of everyone jumping on the bandwagon and saying the city should do it, does anyone have the guts to really ask Henderson why the hell he doesn't want to? My understanding is that he is responsible to ALL citizens of Guilford County. Not just the defense attorneys!!! Mr. Henderson, if you're not interested in assisting with prosecutions, go back to private practice where you can lobby for pleas.
he's not going anywhere...he's needed to protect the project homestead power base...
"Please push for Mike Oates to take over at the PD! ... he doesn't kiss ass ... to get ahead."
ROFLMAO ..Thanks for the joke!!
Joe Williams is the head of the Black Mafia...Mitch is his bitch...Chief of Police jumps when Joe says...Joe Williams runs this place. He is related to the Mayor I hear...graft...corruption...crime. Citizens of Greensboro...prepare to defend yourselves.
Robbie Perkins was up to his ass in project homestead and I guess he feels it is okay to surface since the Right Reverend Michael King popped a cap on himself before he could be indicted and implicate Robbie, Mitch, Linda Miles. Well folks, it aint to late. Perhaps you came back to soon Robbie, perhaps so...we'll see
DA Henderson...he is in Joe Williams pocket too. He is afraid he'll loose the black vote...that's why he hired the Mayor's daughter as his assistant, just for that extra insurance. The sad thing is...we can do better than this...but there is not realistic mechanism to educate voters...it is going to take concerned voting citizens to do anything meaningful with our local government.
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