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The city of Newark has been trying to do it’s part in controlling misbehavior that occurs after drinking.

Townspeople have railed at them for not getting University of Delaware students to behave, and so they instituted a policy that holds business owners responsible, when and if they are deemed to run a disreputable business.

Although that may sound good to people who hate fun and drinking, it may not bode well for businesses considering setting up an establishment in Newark.

“Good”, some Council members say: “we don’t want their kind here anyway”. And they may have a couple of residents who will back them up… After all, Grotto’s belongs at the beach. Get rid of it on Main Street; they serve beer… Let’s get rid of all the Grotto’s while we’re at it! No one likes their pizza anyway.

Unbeknown to every Newark business, this law is in the books of Newark’s code.

It shall be unlawful for any person to allow, suffer or permit in any house or upon any premises occupied by himself, any profane, obscene or vulgar language or conduct, or any fighting, quarreling or affray, or any loud or unusual noises to the disturbance of the quiet and good order of the city.

For residents who are tired of loud behavior, that is a breath of fresh air. Now, they may finally get relief from those college students peeing in their bushes…

However, for a business, there is no set level that must take effect, before the implementation of the following penalties. It’s as if your boot camp drill instructor stood you at attention and told you that if you moved in the slightest, he/she would slam you with a baseball bat… With no parameters set, no time limit given, eventually you shuffle, and BAM, right into the back of your medulla….

Last Wednesday, at an well known established on Main Street, two girls got into a bitch yip. They were quickly ushered out of the building by management and employees. Calm was restored. But some random person called the police, who arrived after the incident was over. They arrested the two girls who were still hanging around outside, and then came in, handcuffed the assistant manager, and took them all to the police station, where they charged the girls with disorderly conduct, and the manager for running a disreputable business… Grottos… a disreputable business?… Has everyone on Newark’s council lost their mind?

A business is open to the public. A business can’t be responsible for every individual. No matter how much they try, they can’t be! They CAN be responsible for having systems in place, ones that that can be initiated if and when such a random unforeseen acts were to occur… But in this case, through a random system of events, an assistant manager is now going to have to pay at least 10% of his yearly income, hopefully put up by his company, to fight these charges. 10% of his income… His crime? He was scheduled to work that night… That’s it…

Or let’s put this irrationality in in a different way: it’s a given that Newark’s police are charged with policing the town. It’s also a given that City Council is the party responsible for all the laws made by the town. Check out this law.

302.9.2 Property Owner Responsibility. It shall be the responsibility of the owner of property damaged by graffiti to restore said surface to an approved state of maintenance and repair, including the removal of graffiti.

302.9.3 Notice. Notice shall be as specified in this chapter. Notice to remove graffiti shall specify that it is unlawful for the owner or anyone who has primary responsibility for control of the property, or for maintenance or repair of the property, to permit property that is defaced with graffiti to remain defaced beyond a period of 10 days after service of notice as specified in this chapter.

Currently there is graffiti on property owned by the City of Newark.. The person ultimately responsible for that property, would be the acting manager, which in this case would be the mayor, and members of the City Council. They are the elected officials held accountable for the running of the city. As we can see, here is evidence that they broke the above statute by allowing a single individual to deface their property.

Under the same principals which they are applying to the business which silenced a girl spat, they, the mayor and council, as well as the police chief just for good measure, should be arrested by the citizens of Newark, and charged for violating these clauses listed above.. They too should get an arrest record, they too should be personally assessed court costs and lawyers fees, and they too, should suffer economic hardship, just because they happened to be he mayor and council at that time of the spray painting….

LAUGHABLE? EXACTLY!

If Newark is going to hold businesses accountable for every little detail written in code, then they need to hold themselves accountable as well. They too need to be arrested, because some individual over which they had no control, did not know how to behave…

“They ( mayor and council)… should have prevented it”, the towns people say… “Throw the mayor and council in jail”..

Bottom line, this type of adherence to the law is stupid. The municipal code needs to be modified before a conglomeration of businesses start filing suit against every police officer, every desk supervisor, every chief of police, every council member and even the mayor. They are open to personal suit, because the business from which the manager was arrested, actually did what the law implied. They stopped the fighting, shut it down, before anything serious happened… One would think from the reading of the law, that is how they would abide by it in that given situation. But no….

Now some random employee, will have to go to court, and if the judge is not reasonable, (which has been known to happen in small towns), he could forever have the stigma of a misguided police force, attached to his name…

The stupidity is not in the intent… The stupidity is the the implementation… There is no filter.

If what’s good for the goose is good for the gander… throw these elected bums into jail……

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