Mayor Richard M. Daley and community policing volunteers today hailed a court decision upholding the constitutionality of Chicago's gang loitering ordinance, which allows police to order groups of gang members to disperse or risk being charged with a misdemeanor.

"This is a significant victory in the never-ending fight against guns, gangs and drugs," Daley said at a news conference at Throop Park, 1811 S. Throop St.

"This ordinance strikes at the heart of criminal street gangs by making it much more difficult for them to sell drugs on the street. The drug trade finances everything they do. When we cut into their drug sales, we reduce their ability to buy guns, recruit our children and spread terror through our neighborhoods."

Associate Judge Mark J. Ballard of Cook County Circuit Court ruled Tuesday that the ordinance does not violate the U.S. Constitution. He was ruling in the case of three Pilsen men who were arrested under the ordinance in August of 2000.

On June 20, 1999, the U.S. Supreme Court ruled in a 6-3 decision that the City's earlier gang loitering ordinance, adopted June 17, 1992, was unconstitutional.

City attorneys argued before Judge Ballard that they used the Supreme Court decision as a road map to write a new ordinance, which was passed by the City Council February 16, 2000.

If the Supreme Court decision "is labeled a road map, then the Chicago framers of the revised gang loitering ordinance knew how to read the map," Judge Ballard said in his opinion.

Under the new ordinance, the Police Superintendent is authorized to designate specific locations for enforcement when gang loitering has allowed criminal street gangs to establish control over identifiable areas; intimidate others from entering those areas; or conceal illegal activities.

Within areas designated for enforcement, police officers who observe gang loitering must issue dispersal orders. The dispersal order includes telling people engaged in gang loitering that they are doing so in an area designated for enforcement; ordering them to disperse; and informing them that they will be arrested if they fail to obey the order. Only after disobeying a dispersal order can someone be arrested.

Since police began enforcing the ordinance in August of 2000, they have used it to issue 5,917 dispersal orders, disperse 23,870 people and arrest 214.

"We are very pleased with Judge Ballard's decision," said Corporation Counsel Mara Georges. "The gang loitering ordinance is a valuable tool for keeping gangs and drug dealers off the streets."

Mayor Daley was joined at the news conference by Georges; Police Supt. Terry Hillard; Ald. Danny Solis (25th); Ald. Ike Carothers (29th); CAPS Director Vance Henry; Alvaro Obregon of The Resurrection Project; and a large delegation of residents and community policing volunteers who support the ordinance.

Daley noted that the demand for the gang loitering ordinance originated in the neighborhoods.

"People were sick and tired of being intimidated by gang-bangers while walking to the local park or to a neighbor's home," he said. "They saw no reason why their children should have to pass drug salesmen on their way to and from school. And they had seen all too many innocent bystanders maimed or killed by gang-bangers in drive-by shootings."

He praised the religious and community leaders, block club presidents and elected officials who have stood by the ordinance, and reminded them that the defendants undoubtedly will appeal Tuesday's ruling.

"So I'm calling on the law-abiding people of Chicago to continue standing behind our gang loitering ordinance as it makes its way through the justice system," he said. "We're winning this fight. And the gang-bangers are getting the message that we will not tolerate their presence in our neighborhoods.