Council pulls proposed 'health-and-safety' ordinance for redraft after vagueness concerns

Prosecuting Attorney Christian Roberts presented a draft ordinance (bill 73-14) that would create a local "health and safety" offense the evening of Aug. 26 and said the measure was intended as a tool for alternative dispositions and restorative options in some cases.

Roberts said the proposal would be used only at the disposition stage, not as the initial charge, and described its use for certain traffic and minor-offense cases to avoid long-term consequences for people with limited means. "This is not the goal of this is not to expand the criminal code here in the city of Ferguson, but just to kinda give us more tools to use at the disposition stage," Roberts told council.

Council members raised constitutional and implementation concerns. Councilman Kasoff said courts have repeatedly rejected vague criminal-language statutes and called the proposed language "as vague as it can possibly be." Councilman Franklin and others questioned whether the draft would conflict with the city's federally mandated consent decree addressing court and policing practices; Councilman Franklin asked whether the Department of Justice had reviewed the language.

After discussion, a council motion removed bill 73-14 from that night's first-reading agenda and asked the prosecuting attorney and the city attorney to redraft and return with clearer language. Prosecuting Attorney Roberts said she would work with the city attorney "and come up with a better draft of this."