CHARLOTTE — The Charlotte-Mecklenburg Police Department says a man was clearly performing a lewd act under his clothing when he cornered an employee at the Market at 7th Street. According to Deputy Chief David Robinson, officers didn’t have the power to criminally charge him until he assaulted a different employee inside.
[ READ: Charlotte to review ordinances after reports of urination, open container violations in Uptown ]
This is an incident that was presented to the Charlotte City Council as an example of how officers have been operating after a state law decriminalized Charlotte’s ordinances and the council opted to criminally restore only some of the ones that were previously on the books.
“If we are able to say jail is on the table, an arrest is on the table, we often times get compliance,” Robinson said.
Robinson told the Charlotte City Council Public Safety Committee that officers aren’t trying to lock up everyone who violates a city ordinance. But he says having the option is a deterrent.
“No matter what, nobody really wants to go to jail,” he said.
The Charlotte City Council’s Public Safety Committee unanimously voted to have CMPD and staff bring back a list of ordinances they would like to once again see criminal penalties for.
This all goes back to the end of 2021. CMPD’s top brass told officers to stand down on criminally enforcing city ordinances due to a change in state law. A few months later, the Charlotte City Council reinstated several ordinances, but not ones dealing with public urination and defecation, performing lewd acts and open containers.
You only get a $50 ticket for that now. Robinson says having more tools would help and this isn’t about criminalizing homelessness.
“We get no joy or pleasure out of taking someone to jail,” he said. “In fact, that is not what we are looking to do. But when we arrive and don’t have any other options, it makes our job difficult.”
Uptown resident Chris Connelly is part of a neighborhood group that is lobbying for the penalties to be restored. He says the problems have gotten worse. He wants urgency from the city council.
“This is an hourly problem downtown,” he said. “Our downtown becomes more and more unlivable every hour.”
As for the case at 7th Street Station. Robinson said there were not enough elements in place to charge the man with indecent exposure.
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