930in716 October 11, 2017 NT Anti-Bullying Law

Wednesday, October 11th

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

It's 930. In 716. The north tunnel under anti bullying law. On the podcast. Yeah we were surprised at the the number of parrots. You know. That join her group in federal way you know I've had an incident my child was fully my child was attacked the whole thing is we're we're trying to prevent. Future bullying from taking place whether or not the north I don't want the law will. Sure by a constitutional attack depends. I'm Tim Wenger parents of children found bullying other miners could face jail time under a new law approved. The law went into effect October 1 in north tunnel Wanda. Members of the anti coming council hopes that new law will put a stop to bullying by holding parents accountable for their children's actions. Parents could be fine 250 dollars and sentenced to fifteen days in jail if twice in a ninety day period. Their child violates the city's curfew or any other city law including bullying. North title Wanda officials say the law is geared toward minors who repeatedly bully other children in public places. This law comes after fourteens were reportedly kicked out of north title on the middle school for alleged bullying incidents. All right so let's begin weird did this all began. The motivation was my return was involved in an inch and whether another student. On humans. He was punched outside about the local store. Art Craig go and his wife brought the incident to the police and it all began the year. And when we went to the police and armed. Tried to. You know quick person target against the the other student Weaver. Initially told there was not a Mecca beat Don because of the the child was a minor and I'm not confident just. What can do you know what exactly we could do it if there was anything wrong. And that led to a starting a FaceBook group. That sounds and it's probably nor I want a coalition perceives Fulton street. And as we got more more members involved become a problem was it was bigger than just are incidents and on really kind of snowballed from there. Now will I think for a lot of parents are listening to this hearing exactly what you describe that news it's Europe's child punched in front of view. Outside of a story it's shocking to a lot of parents but does this go on more often than people realize. You know I am I can't answer for outside of north I don't want I I can save certainly that we were surprised at the the number of parents. You know that the join her group in federal way you know I've had an incident my child was bullied my child was attacked. And and really stories that were. Some of them really very devastating you know that are elected to students. You know doing some some pretty extreme things in response. So. I I think that there is probably more going on than than parents realize I think sometimes. Kids don't wanna colemans say it this is happening to me. And I think there's. And occasionally. These things happen just under the radar that you know it doesn't get. Doesn't all get reported. You know to see a school official or police officer. And if it doesn't get reported to a school official or police officer. What is the the threshold with a trigger. If that child can't be charged initially as you mentioned earlier at what point does it suddenly say OK now we're gonna shifted to the parent how does that work I guess what I'm asking. And you're you're referring to the order organs yeah yeah. I guess they're there again we're gonna wait and see how that plays out because it is very new. I think the idea here is that once wanted it does get reported to. To the police that it and in this case would be the juvenile detective. And that now they have a little more. Power to hold that that the family accountable because that's the process through the family court. You know there's there's really not much happens to a trial in that situation. When they say nothing can be on its. Should not. Nothing it's just they need to get probation order yet. Community service I think it's not the not a terrible inconvenience and so the idea behind the ordinance was to. Kind of increase that inconvenient and put it on to the parents who then you'll say you know and have got to get my child under control because. And most cases of refining it's it's a small group of people who were doing these things but they're just doing them repeatedly. The anti bullying law put NT on the map of sorts. Getting national attention from news media and outlets. Well her first of all. The lot is. Meant does preventative thing it's that we the intent is not to be punitive. Our Pappas is the NT mayor and talks with the Tivo and Brian Nasser Al ski. The whole thing is where we're trying to prevent. Future bullying from taking place. We've had situations. And in town and especially the past. Years old with a small group of middle aged or excuse me in a middle school aged children. That has. And harassing and bowling. Other children and it started in the schools and what an option to. Public property and we had an incident. Where. One child was assaulted. Coming out of store shopping with his mother. And and he was hurt pretty seriously. And we've had incidents like this. Taking place. And therefore. The city decided to. Be proactive in this and try to prevent further assaults and other children regardless. Well even adults we're we're we just don't want this and our community. But what has to happen in order for the parent to be find or or prosecuted under this. Well the parent would. Certainly. Be warned. The. That is the new law what are they actually does is just puts more. Tee into an existing law or for example. In in. A lot of it replaced. That the judge. If China was brought in by the police said the judge. Automatically hit two. Dismissed that it was a warning. There was no peace and that the police were frustrated. School authorities were frustrated at the end needed something more to work would. This. It's still the new law. Allows. The judge should a lot of discretion. He can impose a fine or penalty. Right from the start where is in the old law he couldn't. What now. Listening to the parent. And listening to that the police then and the child. The judge can make a decision and the history if the assault or whatever the problem is. Is seriously he can impose a penalty immediately. Art how much of the conversation one coming up with this law revolved around to where responsibility. Begins where transfers from the parents to the child. Well the Barack. Generally if child has brought in. The law would. Kick into effect. If the parent. The effect that the prior to that it present in the sense apparent and Garrity in America Estonia was informed in writing. Bylaw enforcement officer. Of live a separate violations by the the same minor. Occurring within ninety days. Prior to the president senses then. You know these these apparent of the guardian. Would be. Would be responsible. They the whole intent. Is not to. Not to have to really in enforce the laws it is to prevent the loss from being broken. So it's kind of been that way like a curfew it gives law enforcement another tool to use to to enforce the behavior they want. Exactly and and no nobody wants to put apparent in jail nobody Lott really wants to do this however. Then that we want the message out there that this is this is what can happen if parents. Don't take responsibility. For the actions of the child we don't feel there a child to be roaming the streets at 1:32 o'clock in the morning. And and the parents. Not and not responsible for further for the children. We know there's always with any new law. There's always extenuating circumstances. And that does provide exceptions. When no one child can be out legally. And there's several ex extensions. That are written within. This was reduced. By the many months of research through our legal department police police department and juvenile laid officers. Both the the one that who had just been promoted to another position and the new juvenile lead officer. Of course legal challenges are expected. Will the loss standup. Are there are loopholes. Doesn't go too far and is there anything like it anywhere else we turned the legal man Paul can embryo for some answers. Well there are these states. That it passed laws like the in California for example. We will know whether there are Supreme Court at night belt belt of and it really depends on what's in the law. In New York there is so you know there is kind of a beginning here New York stated dull as they like law. That makes parents civilly liable. For intentional act of there're minor children under certain circumstances. All the way up to what apple 5000 ballots. Now whether or not the north I don't want the law will. Sure by a constitutional attack. Depends what they look to is a couple of birdies. The court looked to whether or not he's controlled the curb at. Actual knowledge. Of a problem and disregard or so let's say that parents that wasn't so worried going. Or reckless. In the sense that they knew who are they around voters did not. This loss sort of goes from that direction because what it does is it says that if you're given written though is the man opened it up an event. That within ninety days it happens in there's a presumption which had knowledge of it's a rebuttal presumption which means the current its say. Well you know I knew about the first one but during the check that one I was in California are traveling in Europe that kind of thing it would give you a difference. Whether or not that'll pass constitutional Muster remain to be seen. For example. That note issue Adam Hersh won what were they convicted of the first one and I didn't see that requirement one night briefly read this law. But there had to be some panic in pick. May our pop as the north and Wanda told us earlier that. That in some ways this is a lot like a curfew it's just another tool for. Police or judges to used trying. Paul the kid in line does that change anything is the amount of judicial discretion here. Make it to a different here in north I want than a might be in other places. Please keep it that different Kirk is easy because here is either home or not after the Kirk or not you know for sure. And the and the and the town could prove. That you know your kid wasn't all so obviously you knew that. It's just like truancy laws. You know they hold her responsible well if your kid is not school you know about home. They should be looked for that and school so it yeah it depends on the level knowledge. That they can prove the parent and as. As to whether or not along like this could be the Al. So the higher than knowledge for her and giving another thing. Participation by a prayer but the younger child it eating and you give them on and you don't supervise the a nominee eagle school. And and some tragedy like that happens. Bad. Is this situation where you could feel the current was too reckless and no. Those are what you have to do in order to holes somebody liable to the point where you can put him in jail. Would you expect this long to be challenged in court in the future. Yeah there's no doubt. It'll be challenges and new law unique law. I can see the first shallow or somebody's well. The ninety day warning. Was open event that by Trout wasn't convicted and they were in us so are you hold that against us you know something like that or. Somebody who take the position that the New York State already in the area. Because they already have these civil liability. And it preempt. And the local municipality. From legislating in that area over to areas that I would assume somebody would use. In shall. Law only time will tell and we're back to more. That's 930 in 716. We're back tomorrow with a net a radiation from the studios of WD EA and buffalo law.