Running Scared

Bowing to the NRA and Leaving the Scope of Heller for the Strong of Heart, Council Amends Weapons Ordinance

By Mary Helt Gavin

The report from the City Council was clear: Aldermen have no wish to explore the limits of the U. S. Supreme Court's decision in Heller v. District of Columbia and no will to defend the City in the lawsuit filed by the National Rifle Association in the wake of the Heller decision. The Council - with one aldeman objecting - shied away from even requiring child-safety locks on handguns.

With little comment except from citizens, aldermen at the Aug. 11 City Council meeting amended the City's weapons ordinance to comply - at least according to the City's law department - with the Heller decision. Now Evanstonians who are not disqualified under sections of the City's ordinance or the State's statute against unlawful use of weapons may own handguns if they are kept within the residence and used solely for the purpose of self-protection.

First Assistant Corporation Counsel Elke Tober-Purze said the new ordinance incorporates the protections of the state statute on unlawful use of weapons. She cautioned aldermen, though, on "redundancies" - that is, having municipal ordinances covering the same matters as the state statute.

The Ordinance
Under the City ordinance as amended, any person with a valid state Firearms Owner Identification Card (FOID) may possess a handgun in the home for self-protection unless he or she
· Is under 18 years of age "and [the] handgun is of a size that may be concealed on a person";
· Is under 21 and has been convicted of a misdemeanor other than a traffic offense or has been adjudged delinquent;
· Is a narcotics addict;
· Has been a patient in a mental hospital within the past five years; or
· Is mentally retarded.

Police officers active and retired, members of the armed forces or reserves and certain private security personnel would be exempted from the prohibition against keeping the weapons outside of the residence.

During citizen comment some residents from surrounding communities urged the City Council to delay amending the ordinance. Thomas Maynard of Skokie, representing the Illinois Coalition Against Handgun Violence, said that suicides occur more often in homes where guns are found than otherwise and danger is increased in instances of domestic violence when a gun is handy.

Jennifer Bishop, president of the North Shore chapter of the Million Mom March, asked the Council to postpone its decision, saying the Heller decision "doesn't apply to state or municipal government."

The Supreme Court held in three cases decided in the late 1800s that the Second Amendment does not apply to the states; and the Court in Heller did not overrule these cases but made comments that questioned their continuing validity. Some legal scholars have suggested that, since other sections of the Bill of Rights have been held applicable to states through the Fourteenth Amendment, the Second Amendment will be made applicable to states and municipalities.

Ms. Bishop referred to model legislation being drafted by Lawyers Committee Against Violence and said, "Wait to see if the Second Amendment is incorporated. Give time for the LCAV ordinance before you change the protections you have."

Evanston resident Nina Vinik, one of the drafters of the LCAV model legislation, told the RoundTable three weeks ago she was willing to work with City Council on crafting an ordinance.

Not Even Safety Locks
Nonetheless, as the ordinance came to a vote, only aldermen Elizabeth Tisdahl, 7th Ward, appeared willing to stand up to the NRA. She asked to amend the ordinance to require "that guns have child safety locks." Ms. Tober-Purze said she advised against the safety locks, because Mr. Heller and others had filed a second lawsuit in Washington, D.C., challenging provisions that attempted to ensure that firearms are safely stored.

"I'm sure we will receive flak from the NRA," Ald. Tisdahl said, "and I still think we should defend our children."

Alderman Steve Bernstein, 4th Ward, said, "I find the Supreme Court's decision repugnant, but we cannot afford to fight for principle at this point." He said he felt the City could not spend $200,000 defending a lawsuit.

"I don't know that a child-safety lock is illegal," Ald. Tisdahl responded.

Nonetheless, she received no support from her colleagues.

Alderman Edmund Moran, 6th Ward, proposed an amendment that felons would not be allowed to have handguns in Evanston. Ms. Tober-Purze said she did not think Evanston's ordinance should preclude felons from owning handguns, since, she said, that issue was covered under the state statute governing unlawful use of weapons and she did not think the City should do that as well. "I caution you against redundancies [in the statute]" she said.

At the Administration and Public Works Committee meeting, Police Chief Richard Eddington said he did not believe the City should have a gun-registration program. In addition to the cost of the program, which he said the City could ill afford at this time, Chief Eddington said the program is "based on the idea that people tell the truth - which, in my professional experience has not always been the case."

FOID Facts

According to information from the state police website, www.isp.state.il.us/foid:

The FOID (firearms owner identification card) Act was created in 1968 "as a way to regulate possession and acquisition of firearms and firearm ammunition as part of a public safety initiative."

• All Illinois residents who buy or possess firearms are required by law to have a valid FOID card.

• The waiting period for taking possession of a handgun is 72 hours. Sellers must keep records of sales for 10 years; FOID cards are valid for 10 years.

• There are approximately 1.2 million valid FOID cardholders in the state.

• The Firearms Services Bureau processes approximately 210,000-220,000 applications annually.

• In 2002, 4,642 applications were denied and 6,926 FOID cards were revoked as a result of the "extensive review process" that identifies individuals prohibited from possessing or acquiring firearms and firearm ammunition.

Among other reasons, the Illinois State Police will refuse or revoke a FOID card if the individual:

- Is under indictment for or has been convicted of a felony;
- Is a fugitive from justice;
- Is a controlled-substance and/or narcotics user or addict;
- Has been a patient in a mental institution in the previous five years;
- Has been discharged dishonorably from the armed forces;
- Is the subject of an order of protection or has been convicted of a crime involving domestic violence;
- Has renounced U.S. citizenship; or
- Is an alien who is illegally or unlawfully in the United States.

Young Man Arrested for Attempted Murder of An Evanston Police Officer

By Larry Gavin

On July 29 a young man allegedly fired two shots from a sawed-off shot gun at an Evanston police officer.

According to a statement prepared by Commander Tom Guenther, public information officer for the Evanston Police Department, on July 29, at approximately 2:55 a.m., police officers on a walking patrol observed a disturbance with a large group of people on the street in the 1800 block of Brown Avenue. One police officer who responded observed two persons arguing in a way that appeared to be escalating into a physical confrontation. The officer sought to intervene and shined his flashlight at these individuals.

One of the individuals grabbed his waistband and crouched over, in what appeared to be an effort to conceal something. When the officer approached, the individual began to flee the area on foot. The officer pursued.

While the chase was underway, the individual turned and faced the officer, and fired two shots from a sawed-off shotgun, narrowly missing the officer, and striking an adjacent structure, according to Cmdr. Guenther. The officer was then forced to take cover while the individual continued to flee on foot. Other police officers assisted in the chase and recovered the shotgun, but were unable to catch the shooter at that time.

Antoine Bouzi, a 19 year-old man, was subsequently arrested on Aug. 3 in Chicago and turned over to Evanston police. Cmdr. Guenther said Mr. Bouzi is being charged with attempted murder of a police officer and related other charges.

Mike Hood, an Assistant State's Attorney, told the RoundTable that Mr. Bouzi is being held without bond and that the State's Attorney's office will seek an indictment within the next few weeks.

Incidents in 2008 Involving Guns

Guns have been used in the commission of at least 20 crimes in Evanston since Jan. 1:

· In one incident, a man died from the gunshot wounds.
· In six other incidents, seven people suffered gunshots wounds to the foot, the calf, the leg, the buttocks, or the shoulder.
· In 12 incidents, guns were used in connection with a burglary or robbery or attempted robbery.
· In the 20th incident, shots were fired at a police officer.

For a summary listing of the incidents, see last week's opinion page >>

Groot Wins Solid Waste Franchise

At the Aug. 11 City Council meeting, aldermen approved a Citywide solid-waste disposal franchise for businesses and multi-unit residential buildings not serviced by the City and designated Groot as the sole franchisee for seven years, beginning next March. Groot presently holds the residential recycling contract with the City.

The ordinance contains an opt-out provision for organizations with special waste-hauling considerations, such as the two hospitals, and for Northwestern University because of its own waste-hauling contract. It also attempts to protect small businesses whose rates might increase by holding those rates for three years and phasing in the increase over the two following years. In addition, said Suzette Eggleston, director of the City's Department of Streets and Sanitation, Groot will supply each of its new customers with a 95-gallon recycling container.

Ms. Eggleston said the franchise is modeled after Skokie's franchise, under which 88 percent of businesses saved money - an aggregate of more than $1 million in the sixth year of operation. She added the seven-year agreement will allow Groot to recoup some of its capital investment in the additional dumpsters it will purchase.

Alderman and City staff had debated the franchise for several months, fine-tuning the agreement to address several business concerns. At an earlier meeting, Brook Beale, executive director of the Solid Waste Agency of Cook County (SWANCC), urged the aldermen to approve the franchise, saying it would benefit the community and warning that upcoming state legislation would make it more difficult for communities to have a waste-hauling franchise.

While the franchise received unanimous approval, Alderman Anjana Hansen, 9th Ward, voted against awarding the contract to Groot. She said over the past several years - even before she was elected alderman - she had received no response to her requests that Groot drivers refrain from idling their trucks on her block. "My feeling is that if I (as an elected official) can't get Groot to do what I asked them to do, how will they do what the City asks them to do? ... Veolia has been saying, 'Give us a chance,'" she said.

Other aldermen said they felt Groot's crews performed well in their wards. The vote to award the franchise to Groot was 7-1, Second Ward Alderman Lionel Jean-Baptiste being absent from the meeting.

City Could Receive Federal Funds For Foreclosure Relief

By Mary Helt Gavin

Some of the funds from the recently enacted $3.9 billion Housing and Economic Recovery Act of 2008 could find their way to Evanston, City staff said on Aug. 11.

The legislation, said interim Community Development Director Dennis Marino, "corrects a lot of problems and recapitalizes Fannie Mae and Freddie Mac," the principal holder of residential loans.

Donna Spicuzza of the City's Community Development Department told aldermen at the Planning and Development Committee meeting it is "very likely that the City of Evanston will get [some of this money], based on the number of sub-prime loans and the number of foreclosures here."

Figures from Interfaith Housing of the Northern Suburbs that in 2007 there were 179 filings for foreclosures in Evanston. According to data provided to the RoundTable by RealtyTrac, Inc., there were 143 foreclosure filings in Evanston in the first six months of 2008.

Ms. Spicuzza said, "It has been requested that 70 percent of the funds go to local governments, and 30 percent to the state. ... We want to be ready with ideas about ways to spend it wisely." She said City staff felt they had "about 60 days" to come up with ways to spend the money and 18 months to spend it.

Some Relief Likely
At present the options available for persons at risk of losing their homes through foreclosure are selling the home outright - on their own or through a bank-enforced sale - or finding a way to refinance the home at a rate the owner can afford.

The $3.9 billion in federal funding, said Ms. Spicuzza, is designated "just for purchase, rehab and resale of buildings." Mr. Marino said the legislation will provide incentives to lenders to refinance their loans

An additional $180 million has been allocated for foreclosure mitigation activities, according to a memo from Ms. Spicuzza and Ms. Marino. About $30 million of that will go to the Neighborhood Reinvestment Corporation for grants to HUD-approved counseling agencies to hire attorneys to assist homeowners with legal issues related to foreclosure, delinquency or short sale, according to the memo.

Efforts are also underway to create affordable rental housing, Ms. Spicuzza said. "The National Affordable Housing Trust Fund is working on legislation to develop rental housing for extremely low-income people."

Local Options
Evanston's Foreclosure Task force met recently to try to come up with ways to help Evanston families in trouble, said First Ward Alderman Cheryl Wollin, a member of the task force. Alderman Delores Holmes, another member of the task force, said one suggestion was that not-for-profits now having difficulty selling their affordable units offer them as rental units instead. "We told [Keith] Banks of Evanston Community Development Association and other community housing development organizations [CHDOs] to consider renting the units or renting them with an option to buy."

Alderman Ann Rainey, 8th Ward, said she would be "thrilled" if the two affordable condominium developments - one by Reba Place and one by EDCA - in the Eighth Ward would be offered for rent, since only about half of them have been purchased. David Jansen, recording secretary for ECDA and executive director of Reba Place, said "Turning the property into rental units may solve some short-range problems, but we'd have to get permission from our lenders, and we're not looking to do that."

Betty Ester, president of the Citizens Lighthouse Community Land Trust, said her group had told the task force they would like to work with lenders and with homeowners at risk of foreclosure to work out an option under which the land trust would purchase only the land and the homeowner could refinance only the home, which would substantially reduce the homeowner's mortgage.
Alternatively, she said, "We could buy the house pre-foreclosure and then rent it back to the [former owner], who would then get to remain in the house." She said the task force told her and others to "think outside the box, but we're about as far outside the box as you can get."

Dewey/Darrow Walk of Remembrance

The spotlight for National Night Out was on the Florence-Crain area, a quiet neighborhood hit three times by violent crime in the last three years. Some 50 neighbors gathered at Crown Park, then walked to the sites of the three crimes to remember the victims of these crimes: a murder on Ashland Avenue in 2005, a murder on Florence Avenue in February of this year and a home-invasion rape, also on Florence Avenue earlier this summer. Police have said they have enough evidence to identify the rapist but have said the murders are both cold cases.

Second Ward Alderman Lionel Jean-Baptiste, Fourth Ward Alderman Steve Bernstein and Police Chief Richard Eddington spoke to the neighbors when they returned to the park. The group was a blend of veteran watch groups and new block clubs formed in the wake of this year's violence.

Neighbors told the RoundTable they felt the police have been responsive to their questions. Dickelle Fonda and Heather Sweeney, who organized the gathering and the march, said they felt the community has been energized by their desire to get rid of crime and antisocial behavior in the neighborhood.

Church/Dodge Celebration

Several hundred people gathered at the parking lot at Church Street and Dodge Avenue on Aug. 5 to participate in National Night Out. Before a candlelight vigil was held in remembrance of 44 persons who have lost their lives to violence in Evanston, participants talked and enjoyed a barbeque dinner and entertainment. In photo above, Fifth Ward Alderman Delores Holmes, left, talks with Evanston resident Marquise Weatherspoon.

Ms. Weatherspoon would like to organize a gospel revival at Soldier Field that would revive people throughout the state to address the "senseless violence against babies." She referred to a recent incident in which a 17-year-old was charged with murdering an 11-month-old child. Ms. Weatherspoon says she envisions that the free event would include gospel choirs, motivational speakers, police chiefs and speakers from non-profit organizations that work with children.

Children at the event created a peace pole, which will be displayed at City Hall and other civic venues.

Hands Across Howard

Farther south, residents of Evanston's Eighth Ward and Chicago's 24th Ward joined business owners and police officers from both sides of Howard Street in "Hands Across Howard." Evanston firefighters, including Fire Chief Alan Berkowsky, also attended the event.

Council Bytes

Dennis Drummer

Shortly before the Aug. 11 City Council meeting, aldermen received word of the death of their former colleague, Dennis Drummer, who had served as aldermen of the Second Ward for 17 years. Mayor Lorraine Morton and the aldermen each expressed condolences to the family and recalled Mr. Drummer's dedication to the City.

In an article in the RoundTable on Feb. 14, 2001, when Mr. Drummer announced his retirement, Beth Demes wrote, "When young Dennis Drummer made his way north from Melville, La., in 1964 with only $20 in his pocket and a smoked garfish from his mother, he could not even begin to imagine what the future would hold for him. In an unusual town called Evanston, Ill., he would become a successful businessman, a respected community leader and a skilled politician."

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Property Sales

At the Aug. 11 City Council meeting, aldermen authorized sales of two City-owned parcels, one at 709 Chicago Ave., now leased to an automobile agency, the other at 425 Dempster St., the present site of Chiaravalle Montessori School.

Council authorized the sale of the Chicago Avenue property to Devco LLC for $900,000. Devco plans to consolidate that parcel with two other nearby parcels to create a mixed-use development. At the request of Alderman Melissa Wynne, 3rd Ward, the deed will contain a reversion clause, so the City can retain the property or have it returned should the development not proceed.

Council approved a negotiated sale of the Dempster Street property, formerly District 65's Miller School, for about $2 million to Chiaravalle Montessori School, which now occupies the property. Ald. Wynne said a covenant running with the land dictates that the property be used solely for educational purposes.

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New Loo

Alderman also approved a contract for the design of new restrooms and entry at Clark Street Beach and reconstruction of the non-motorized boat storage at Dempster Street. Alderman Edmund Moran, 6th Ward, voted against the project, saying it was too expensive. While he acknowledged that the washrooms need upgrading, he said, "The design is for a $1 million project, and we don't have that kind of money. ... We're going to spend the better part of $200,000 to design a restroom."

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Other Matters

Aldermen also
· Allowed an extension of time - until March, 2009 - for the completion of a planned development at 959 Dobson St.
· Amended the marijuana ordinance to make the possession of 10 grams or less of marijuana an offense punishable by a fine of $50-$500. The ordinance eliminated a previous clause that allowed minors to pay a lesser fine if they appeared with a parent or guardian at the police station to pay the fine.
· Requested more complete information on the rehab of the second floor of the police/fire building at Lake Street and Elmwood Avenue;

· Allowed an extension of time for an appointed compensation committee to review the salaries of elected officials and report on whether increases would be warranted. Under City ordinance, such a review must be made every four years before City elections.

Original Story: February 14, 2001 || Second Ward Wizard

After 17 Years, Alderman Dennis Drummer Leaves Big Shoes to Fill

By Beth Demes

When young Dennis Drummer made his way north from Melville, La., in 1964 with only $20 in his pocket and a smoked garfish from his mother, he could not even begin to imagine what the future would hold for him.

In an unusual town called Evanston, Ill., he would become a successful businessman, a respected community leader and a skilled politician.

His facility with numbers and bottom-line focus would serve him well not only in business but also in public budgeting and finance decisions.

And his gift of being able to talk to anyone, pulling differing people together and getting to the heart of the problem to find a common solution, would leave its indelible mark on a community.

The rest, as they say, is history. Or almost history. After the April 3 elections, Dennis Drummer will step down as the Second Ward's alderman of 17 years and as the City Council's ranking senior member.

"I think the time is right to step down," says Ald. Drummer, 54, reflecting on his career as he relaxes in his store-front office of Drummer's Draperies.

He and his wife, Bernice, his high school sweetheart, have had their own drapery business at Lake Street and Ashland Avenue since 1975 and for a while ran a corner grocery behind it, which became a haven for school children.

"It's time to move on with another phase of my life," he says. "And I think it will be good for the ward and for the City [Council] to have some fresh new energy and some fresh new points of view."

It all began in 1984 when then-Mayor Jay Lytle appointed Mr. Drummer, who was active in a youth mentoring organization called COE-POPS, to fill a mid-term aldermanic vacancy. Ald. Drummer intended only to complete his appointed term and then serve one more. But problems developed in the ward, and he felt he could not move on without first tackling them.

Today, he says the 2nd Ward has stabilized to the point where he can now leave without regrets.

The Second Ward
The Drummers moved to Evanston in 1970. Ald. Drummer had recently returned from Vietnam, where he had served as an Army sergeant, and says back then he just wanted to be left alone to live and enjoy his life, "not bothering anyone." He had no designs on becoming involved in the community, or working with children.

But then there they were, all the neighborhood kids, standing wide-eyed at the candy counter of his store.

"I'd discipline them, like my mother and father did with me, and I'd do it in a nice, friendly way," he says. "Before I knew it, a lot of people were appreciative and would actually bring their kids down for me to talk to.
So I got to have a relationship with all the kids."

These experiences led him to COE-POPS and helped him as an alderman when gang and drug activities cropped up in parts of the ward in the early 1990s.

The issues were serious and consumed the alderman's and the community's attentions.

"For me, when I would hear the phone ring, it was just nerve-wracking because the last thing I wanted was someone to call and say, 'my son just got shot,'" Ald. Drummer recalls. "I had to do something. We rallied the neighborhood."

There were neighborhood marches almost every week and community gatherings, sometimes with the police, in front of the properties where problems were occurring. Some neighbors threatened lawsuits against unresponsive property owners. Others went as far as purchasing and cleaning out a number of the bad properties.

Dickelle Fonda, co-president of the Dewey Darrow Neighborhood Association, remembers one march in particular:

"We would just go out as neighbors and invite some of these guys [who were] 'hanging' to come with us. And Dennis was really good about getting them to do that...One of those walks fell on Thanksgiving. Dennis was there that morning. He led us in a really nice community prayer, and then we walked...It was very impressive. I mean he could have been with his family, but there he was with us."

These efforts worked on one troubled block after another across the 2nd Ward.

"He's been excellent in our area...getting things done in our park and working with us in regards to the crime problems that we've been having and interacting with the families of the problem-makers," says Betty Payne, president of the Canal Park Neighbors and also Evanston Township Supervisor.

Change occurred not only through human intervention, but through civil engineering as well. Although the community was divided evenly on the idea, Ald. Drummer got the City to close off Darrow Avenue at Greenwood Street, a big problem spot in the neighborhood, and to install traffic circles. "It proved to be a monumental success, so we've used it in other places," he says.

"No alderman can do this by himself," concludes Ald. Drummer, giving credit to the numerous neighborhood organizations and residents of his ward.

"We say the same thing [about him]," says Ms. Fonda. "We couldn't have effected the changes in our neighborhood...without his willingness to work closely and creatively with us...We will miss him dearly." She adds that Mrs. Drummer deserves equal recognition.

The Council
Many colleagues and observers see Ald. Drummer as the voice of compromise and reason on a City Council that in recent years has been marked by acrimony.

"He was specifically able to do that because he...very wisely and cleverly had his foot in various camps and was respected by both," explains Gene Feldman, 9th Ward. "Dennis was always independent in his thinking, and I think he approached each issue as it presented itself."

"I regard him as a statesman and a public servant of the highest order," says Eugene Sunshine, senior vice president of business and finance at Northwestern University. "He's able to leap beyond the specific matter at hand and the immediate consequences to the bigger picture - the bigger picture being, what's in the long-term best interest of the community."

The son of a minister, Ald. Drummer says he did not learn this skill on the Council.

"It's been the role of my life," he explains. "I learned years ago that the only reason wars are fought is because man loses the art of compromise. You can always gain a compromise solution if you are willing to sit down and gain respect for each other, with the heart of the City in mind."

Ald. Drummer also brought to the Council, as Sixth Ward Alderman Edmund Moran describes it, "a great common sense and...common man approach to things."

A small businessman amidst a group of mostly lawyers, he often spoke out against fees and taxes that hit local businesses the hardest. He also tried to rein in what he considered the City's propensity to take on too much debt.

"Through the years, we've all said, 'you want something, let's go to bond [issuance],'" Ald. Drummer points out. "But who's paying? The citizens are paying, and they are paying twice as much [because of interest]."

Recently, on a $35 million bond proposal for a parks and recreational program, Ald. Drummer pointed out that with interest the true cost would be about $87 million. He suggested the Council instead look at a "pay-as-you-go" structure - a short-term increase in the tax levy to pay for the projects - for at least part of the funding to save interest costs. (The Council ultimately approved a smaller program and bond issue.)

A public servant is never without critics. Early on, Ald. Drummer says, some folks called him "Jon Nelson's man" or "Joan Barr's man." Some ministers initially were wary of him because he is a Republican.

Those concerns have mostly subsided, but charges that he is "soft on Northwestern" remain. "I treat [Northwestern] just like I treat everyone else," he responds.

Moving On
A man who appears to be in perpetual motion, Ald. Drummer has already overbooked his life after Council.

He wants to spend more time with his family, especially his two grandchildren, Gabrielle, 6, and Sinobia, 9 months, and to focus on his business.

Fishing and a host of projects await him in Louisiana, where he and his wife plan to retire some day.

After the election, he will retreat from public life, but says inevitably he will be drawn to it again at some point. He is not endorsing any of the Ward's candidates yet, allowing them time to establish themselves first.

Many of his colleagues and constituents are sad to see him go and wonder who, if anyone, can fill his shoes.

"I deeply regret that he is leaving," says Mayor Lorraine Morton. "He remembers everything that ever happened on the Council, which puts things into perspective for the rest of us."

Ald. Drummer credits constituents, fellow aldermen and, in particular, City staff, whom he describes as "the most dedicated group of people" he has ever met, for his productive years on the Council.

"I've been the lucky one," he concludes. "I've been fortunate enough to serve the citizens of Evanston, the citizens of the 2nd Ward...I thank them all for the support they have given me and letting me be a part of their life."