MEMPHIS DOWNTOWN ENTERTAINMENT AREA
PUBLIC SAFETY ASSESSMENT AND STRATEGIC PLAN

John R. Thayer is a consultant and expert on entertainment district policing. He retired as a Lieutenant with the Santa Barbara Police Department in July 2000, after a 31 year career in police work in California, including seven years as a Deputy Sheriff in Monterey and Sonoma Counties. His assignments included Chief’s Adjutant, Public Information Officer, Patrol, Traffic, Training, SWAT, Canine Unit and Investigations. He was the Department’s liaison to the U.S. Secret Service during the Reagan presidency, when the Western White House was in Santa Barbara. Mr. Thayer has extensive experience in executive protection and special event management and has lectured and provided consulting services in a number of cities in both the private and public sector.

Mr. Thayer has conducted nationwide research in the area of nightlife disorder management and has worked as a security and crowd management consultant to the entertainment business for over 20 years. He is the co-author of an extensive research paper titled "Policing Entertainment Districts" published in the June 2000 edition of The International Journal of Police Strategies and Management, London, England.

Mr. Thayer holds a Bachelors Degree in Public Service Management. He completed his graduate studies at the Command College, California Polytechnic Institute Pomona and is a graduate of the FBI National Academy at Quantico, Virginia.

Research and Authorship: John R. Thayer, Special Events Management, Santa Barbara, California

Oversight and Editorial Review: Michael J. Heidingsfield, Memphis Shelby Crime Commission, Memphis, Tennessee

Convening Authority: Jeff Sanford, Center City Commission, Memphis, Tennessee

Genesis
The collective interests of the Center City Commission, the Memphis Shelby Crime Commission and the primary stakeholders in the future of the downtown entertainment venue galvanized the group to come together and assess their efforts, both individually and collectively, on behalf of public safety. A consensus was reached that population growth, a reemerging downtown economy, enhanced tourist opportunities and a community renaissance demanded a collaborative effort to ensure the safety and security of visitors, customers and tourists.

Overarching Outcomes
    • Consensus on the composition of the downtown entertainment venue
    • Prioritization of related public safety issues
    • Examination of current resources and solutions
    • Design of a comprehensive plan to manage the future
    • Concurrence on implementation and respective responsibilities

Methodology
    • Extensive site visitation by an external subject matter expert
    • Extended interviews and public dialogues
    • First hand observation
    • Archival research of historic local practices
    • Examination of national best practices

Issue Identification/Recommendations
Beale Street Crowd Management: Current situation characterized by large crowds, outdoor music, outdoor alcohol sales, very late closure hours and the inherent challenges of those who loiter and congregate without a legitimate purpose.

Solutions in place include police presence, a curfew ordinance, relocation of some alcohol sales, utilization of private security.

Recommended additional strategies include greater limitation of alcohol sales and the possession of alcohol in open containers; earlier opening of streets to facilitate dispersal of crowds; limitations on outside music and consistency between discontinuation of outside music, outside sale of alcohol and street re-opening; relocation of alcohol sales in an effort to find alternatives to sidewalk stands; stronger enforcement of Health Code; stronger enforcement of curfew ordinance.

Cruising: Current situation characterized by traffic congestion to the point of gridlock and extreme examples of anti-social behavior.

Solutions in place include fixed traffic diversion, traffic law enforcement and a yet-to-be implemented cruising ordinance.

Recommended additional strategies include a joint education, engineering and enforcement effort; effective use of the new cruising ordinance; overt videotaping of enforcement operations and patron behavior.

Police Department Operations: Current situation characterized by a lack of engagement by officers, reduced attention to proactive or selective traffic enforcement, and a diminished sense of interaction with residents and business owners.

Solutions in place include refocusing on line supervisors’ recommendations from the field, an increased sense of involvement on behalf of the command staff, consideration of decentralization and modification of shift times and personnel alignment, and greater attention to the formalized use of foot patrols.

Recommended additional strategies include development of an internal Police Department action plan that is always evolving but very clearly establishes and acknowledges the MPD role; the selection and assignment of a command staff officer as project director and area commander; institution of unity of command for the downtown entertainment area; opening and sustaining lines of communication with downtown stakeholders; dedicating an enforcement unit to the downtown entertainment area; greater and more formalized engagement by foot and bicycle officers; enhanced communications equipment for assigned officers; scheduling and staffing modifications that de-emphasize overtime and augmentation and instead rely on dedicated resources that can be flexed; reduced span of control.

Communications and Community Relationships: Current situation is characterized largely by a sense among downtown stakeholders that personal contact with the Police Department has eroded and that attempts to report crime or retrieve information are often frustrated by the reporting systems currently in use.

Solutions in place include a continued reliance on community policing and the presence of command staff officers in neighborhood dialogues; ongoing outreach initiatives through the COACT units; storefront operations; large commitment of resources to Beale Street and for traffic control.

Recommended additional strategies include enhanced training in the skill sets associated with policing entertainment districts; patrol officer involvement in partnerships with business owners and downtown stakeholders; reexamination of the use of sworn officer resources dedicated to running the Beale Street Police Museum; reexamination of the location of the Downtown Precinct given the loss of proximity and visibility to the entertainment venue with its current location; increased use of bicycle and foot patrol officers in a systematic fashion; enhanced telephone answering procedures to reduce or eliminate caller frustration and referrals.

Traffic: Current situation is characterized by a downtown area that is congested and was not engineered or designed for the current traffic volume or patterns that the entertainment venue produces; the popularity of the venue, ongoing construction and cruising causes gridlock, severely impacts ingress and egress of vehicles, which, in turn, impacts businesses, residences and tourism.

Solutions in place include heavy reliance on police officers for traffic control, modest use of civilian traffic control personnel and routine street barricading at pre-designated locations.

Recommended additional strategies include the implementation of a well-conceived Traffic Division downtown traffic plan which simply awaits execution and addressed improved traffic flow, decreased gridlock and congestion, increased enforcement and a reduction in violations; firm, fair and consistent enforcement of all traffic laws; acknowledgment that there are no legal restraints precluding the enforcement of key traffic ordinances or laws; assigning a lead role to motor officers in selective traffic enforcement; the use of DUI checkpoints and interagency traffic enforcement operations; increased reliance on civilian traffic control personnel to free sworn officers; implementation of a cost recovery plan for special events which demand significant police resources; limitation of street closures to brief periods during special events and to interdict cruising.

Parking Enforcement and Towing: Current situation is characterized by inconsistent enforcement of laws and ordinances, an atmosphere of perceived permissiveness for some to violate the parking regulations and the presence, in some cases, of misleading or confusing signage.

Solutions in place include routine parking meter enforcement, a significant amount of signage in place, a large number of private parking lots in proximity to the entertainment venue and many public transportation alternatives to the use of private vehicles.

Recommended additional strategies include expanded enforcement of all parking regulations; revision of the policy that requires officers to have supervisory permission to tow illegally parked vehicles; conducting a joint review of all traffic control devices and signage with the Police Department and the City Traffic Engineer; limitation on the issuance of parking permits to the Traffic Engineer only; development of an external system for the dismissal of parking citations.

Panhandling: Current situation is characterized by the near-unanimous acknowledgment that this is the single most significant issue confronting the entertainment venue and the perception that neither the Police Department nor any other municipal agency is formally engaged in addressing the issue.

Solutions in place include the use of donation meters as an alternative to giving money directly to beggars; the use of current applicable ordinances and laws; the completion of a comprehensive report entitled "Helping the Progress Continue—Improving Public Conduct and the Public Spaces in Memphis, " published in November, 1999 by the Center for Livable Cities.

Recommended additional strategies include implementation of all of the five major components found in the report cited above, including greater law enforcement, more visible police presence, enhanced outreach and diversion, stronger mental health service resources, and termination of mobile feeding sites for the homeless; the Police Department taking the lead in addressing the social and physical disorder represented in an aggressive homeless or panhandling population downtown; aggressive enforcement of existing prohibitions against panhandling, illegal camping, blocking sidewalks, public consumption of alcohol and public intoxication.

Illegal Vending: Current situation is characterized by the periodic illegal sale of event-related merchandise, the sale of knock-off merchandise, ticket scalping and parking schemes associated with special events in the downtown.

Solutions in place include already enhanced enforcement by Code Enforcement authorities and the use of laws and ordinances already in place.

Recommended additional strategies include even stronger enforcement presence, regular and proactive enforcement by Code Enforcement in partnership with the Police Department, and the regular use of undercover special enforcement operations against illegal vending, ticket scalping and parking lot schemes.

Place Management: Current situation is characterized by historic concerns that, in Peabody Place in particular, some business venues deliberately or inadvertently appealed to an unruly market audience in the interest of profitability and shared little or no responsibility for the behavior of their customer base or the public safety consequences, all of which contributed unnecessarily to crowd management issues; additional concerns centered around the adequacy of trash receptacles and restroom facilities as well as the use of signage throughout the venue.

Solutions in place include significant management and supervisory changes at both Jillian’s and Muvico Theaters; new managers in place since April have reestablished their commitment to public safety, implemented a dress code as well as a code of conduct, emphasize a focus on family entertainment and the alignment of movie times with curfew restrictions; Peabody Place utilizes a mix of both off duty police officers and private security officers to create a high visibility presence; Beale Street deploys private security officers to restrict customer access based on age.

Recommended additional strategies include even stronger accountability through the respective business associations; the installation of more trash receptacles throughout downtown to reduce littering; planning for additional restroom facilities so that crowd size/demand is matched accordingly; consideration of a sign ordinance for the venue that addresses uniformity and standardization; a willingness by management companies to impose lease conditions and sanctions against irresponsible business operators whose behavior has negative public safety consequences; a willingness by management companies to take the lead in issues such as signage, litter, lighting and restroom facilities; stepped-up enforcement posture by police officers that includes frequent bar checks and the enforcement of occupancy restrictions.

Security Procedures: Current situation characterized by the use of three different private security firms in the venue, creating challenges in terms of efficiency, communication, level of service and continuity of operations; similarly, four different video camera surveillance systems are currently deployed.

Solutions in place include the use by Peabody Place of a dedicated security service and their own video surveillance system; the Center City Commission-contracted security force responsible for facilities contiguous to Peabody Place and often used by Peabody Place customers; the Performa-contracted security force responsible for security on Beale Street during street closures; the use of video monitoring systems by the Police Department, the River City Management Group and the Center City Commission-contracted security firm, all within the same venue.

Recommended additional strategies include a decision to use a single private security service provider throughout the downtown venue and a single, integrated video surveillance system; discontinue the use of similarly colored shirts by Beale Street security officers that create confusion for the public who mistake these security officers for police bicycle officers; a decision by the Center City Commission to develop and implement a staff position of Public Safety Coordinator to provide ongoing and consistent direction and coordination of public safety services in the downtown entertainment venue.

TABLE OF CONTENTS

I Introduction – Why Are We Doing This?
II Assessment Process
III Perspective On Downtown Memphis
IV Current Issues
V Solutions In Place or Contemplated
VI A Review of Benchmark Strategies Nationwide
VII Final Issue Identification
VIII Implementation
IX Future Forecast
X Conclusion
XI Appendix A
XII Appendix B
XIII Appendix C
XIV Acknowledgments

Memphis Shelby Crime Commission

The Memphis Shelby Crime Commission (MSCC) represents both the Center City Commission (CCC) of Memphis and the stakeholder group whose members have an interest in the public safety planning and strategy associated with the emerging entertainment area. Both the CCC and stakeholder group have authorized the Crime Commission to represent their collective interests in creating an action plan that ensures that the security and safety needs of the entertainment area and its venues have been properly evaluated, resourced, planned for and addressed. This action plan resulted from numerous meetings held over the past year, galvanized by both the prospect of the 2002 tourist season and its attendant issues and a homicide that occurred in the center of the geographic area in the Spring of 2001.

Those meetings culminated with a consensus that the Crime Commission was to provide an initial assessment of the scope, scale and design parameters of the planning effort. It was agreed that the interests of all involved parties would be best met in part through the consultant services of a law enforcement practitioner whose subject matter expertise and experience focused on special event management and entertainment district public safety planning.

Michael J. Heidingsfield, the President and Chief Executive Officer of the Memphis Shelby Crime Commission, has been charged with administering the research process and strategic plan, to insure that the goals of the CCC are met, as well as to provide appropriate structure and continuity in the assessment process.

Expected Outcomes

The primary goals and expected outcomes of the research and strategic plan include the following objectives:

1. Identification and establishment of an agreed upon definition as to what comprises the downtown entertainment area and treating it holistically.
   
2. Assessment, identification and prioritization of the public safety and security issues that are associated with the downtown entertainment area.Examination of the current resources and responses in place, or contemplated.
   
3. Design and completion of a comprehensive plan that identifies solutions and guides the planning for and management of public safety issues in the future.
   
4. Provide subsequent assessment of the implementation process and advice for future decision making.

II. ASSESSMENT PROCESS

The initial assessment and evaluation process was conducted between May 12 and May 23, 2002. A second follow up site visit took place from June 13 to June 20, 2002. The first site visit was scheduled in conjunction with the Memphis In May World Championship Barbecue Cook Off, in order to observe downtown conditions during a busy special event weekend. The second visit was scheduled to include the opportunity to observe a normal weekend in the entertainment area.

The Center City Commission contracted with a local law enforcement professional and consulting liaison to assist with the assessment process. Retired Memphis Police Major Michael Minor was instrumental in facilitating and expediting access to a wide variety of representative contacts, including police personnel, city and business leaders, as well as neighborhood and business organizations. His knowledge of and familiarity with the public safety issues in the downtown entertainment area were invaluable in accessing and validating information.

The methodologies used to conduct the initial research included over 60 separate interviews with local government representatives, public safety officials, representatives of impacted nonprofit organizations, business operators, citizens and service providers and other community and business leaders. Over 100 additional informal contacts were made with a wide variety of people from all walks of life.

First Site Visit

The Memphis Police Department authorized the participation in several ride alongs with officers in the entertainment area. A two hour police helicopter tour of the city was also provided. Numerous conversations were conducted with police personnel, including the Director, Deputy Director, Deputy Chiefs, Inspectors, Majors, Lieutenants and Officers.

Approximately eight hours was spent on two weekend nights working directly with private security supervisors and business management personnel.

The Convention and Visitors Bureau provided a historical tour of Memphis, which was helpful in gaining an understanding of the city’s heritage, landmarks and points of interest. A substantial amount of information was made available prior to and during the first site visit.

Research was conducted to gain an understanding of local conditions, including demographics, crime data, economic profile and entertainment district issues.

A process of observation, meetings, interviews, conversations and participatory experiences commenced on May 12, 2002. The majority of the issues and concerns expressed during the interviews and meetings were also observed first hand by walking in the entertainment area on a daily basis during the two week site visit.

The research project began with an appointment with Memphis Police Director Walter Crews, Deputy Director James Bolden and Michael J. Heidingsfield. Director Crews was supportive of the study and offered his department’s assistance and cooperation. The command staff, management, supervisory and line level personnel were made available to participate in the study. This is particularly significant in view of the fact that Director Crews was aware that his agency would be subject to outside scrutiny and evaluation. It was encouraging to find this level of support and cooperation with an independent review that would include an examination of staffing levels and deployment methods.

Meetings were scheduled with a wide variety of residents, merchants, business leaders and public safety officials, in all the venues constituting the entertainment area. A list of all persons interviewed is included in the Appendix.

Weekend activities in the entertainment area were observed on four separate days during daytime and nighttime until 4:00 A.M. In addition to independent observation, over eight hours were spent observing public safety issues in the entertainment area with Peabody Place Operations Director Tammy Bijit and Security Director Debra Streeter.

An additional two hours was spent with Lew Winston, Winston’s Security Services. Mr. Winston’s company provides security on Beale Street, under contract with Performa, the developer and manager of the Beale Street Entertainment District. Performa is under a 52 year lease with the City of Memphis to sublet and manage Beale Street.

Approximately two hours was spent with Director Crews, who was in the field observing his agency’s deployment until 3 AM both weekend nights. In addition to Director Crews, three Deputy Chiefs, two Inspectors and several Majors were present on two weekend nights, observing the nightlife activities. Their presence and level of involvement was quite evident and commented on by several business owners.

Attendance at a meeting of the Beale Street Merchants Association included a brief presentation and overview of the goals and objectives of the research project and strategic plan. This meeting was also an open forum to discuss issues and concerns, as well as to meet many of the association members and to establish appointments for follow up interviews.

An evening meeting of the Downtown Neighborhood Association involved a discussion of public safety issues concerning residents on the perimeter of the entertainment area and the development of additional contacts. The Association President asked for a presentation on the public safety research efforts. Memphis Police Inspector S.J. Smith was the featured guest speaker at this event.

Attendance at the World Championship Barbecue Cook Off provided the opportunity to meet informally with Mayor W.W. Herenton, who was already familiar with the research project. This also presented a first hand look at the efficient level of planning and coordination that was necessary to insure the success of an event of this magnitude, as well as the impact on normal operations of the city.

The first site visit concluded with a meeting of the Center City Commission and entertainment district stakeholders. A presentation to the group included an overview of entertainment district and special event management research conducted in other cities around the country. A discussion of the elements common to successful entertainment districts was provided. The presentation focused on the issues of concern, as well as the strengths and successes noted in the Memphis downtown entertainment area,

Second Site Visit

The second site visit provided an opportunity to validate prior observations and information obtained during the first visit, as well as observe entertainment district issues during a period with no special events or activities occurring. Several new interviews, as well as follow up contacts were conducted.

Weekend activities were observed on three consecutive Friday, Saturday and Sunday nights, commencing at 8 PM until 3 AM. Several hours were spent with Police Department command staff and supervisors. Approximately four hours were spent with private security personnel on Beale Street and Peabody Place.

An additional 16 hours were spent in the downtown area on Saturday and Sunday, observing daytime activities. Approximately 24 hours were spent during the daytime in the entertainment area on weekdays, to gain a perspective of conditions during normal business hours.

The second site visit concluded with a brief presentation on the entertainment district study to the Memphis Shelby Crime Commission Board of Directors during their June meeting.

The New Downtown

The City of Memphis has undergone substantial development and change during the past decade. Downtown Memphis is experiencing a renaissance with the residential and business sectors as well. New residential development on Mud Island complements the renovation taking place. New hotels, restaurants, boutique shops and other commercial retail space have been developed. There has been a steady increase in the number of people now residing in the central downtown area. Numerous older buildings have been renovated into apartments and condominiums, attracting many people from the suburbs to move into the downtown area. Several new luxury home developments have brought many affluent and influential new residents into the center city.

The transformation of Main Street into a pedestrian, trolley and horse drawn carriage mall has been a significant change; not only has the ambiance of the area been altered, but an affordable and efficient means of public transportation has been created as well.

Beale Street Historic District

Historic Beale Street has benefited from the cooperative efforts between the City and private developers, resulting in a vibrant and successful business area, attracting thousands of tourists, as well as local residents on a regular basis. Performa closes the street to vehicular traffic on weekends. This allows Beale Street business to sell alcohol from sidewalk stands. Bars can stay open until 5 AM. Live bands and recorded amplified music can be heard playing inside and outside of clubs. Large crowds, estimated at 10,000 or more, pack the two block area on weekends. The Convention and Visitors Bureau cites Beale Street as second only to Bourbon Street as the best entertainment district in America.

The New Daisy Theater holds performances ranging from headline entertainers and original Blues artists to amateur nights, teen nights and boxing matches.

Orpheum Theater

The Orpheum Theater, located adjacent to Beale Street, has been restored and transformed into a performing arts center presenting Broadway shows, operas, concerts, films and special events.

A New NBA Arena

A new NBA arena is under construction, with completion scheduled for 2004. This new facility will be located immediately adjacent to Beale Street. The new NBA arena is expected to host over 150 events annually, including concerts, with an estimated general capacity of 19,000 and 18,500 for basketball games. Only 1,600 parking spaces have been planned for the facility. These are limited reserved spaces for VIP’s, media and other invited guests. Spectators will park in city and private lots, or on surface streets.

The Pyramid

The Pyramid, a 32-story 22,500 seat multi-purpose arena, hosts concerts, sporting events and other entertainment shows. It is currently the home of the new NBA franchise Memphis Grizzlies. The recent hiring of new Memphis Grizzlies President Jerry West has generated increased interest in the team and visibility on a national basis. The Lewis-Tyson Championship Fight held at the Pyramid, has also served to put Memphis on the map as a world class city. The Police Department provides traffic control for all events held at the Pyramid.

Pinch District

The Pinch Historic District, located at the foot of the Pyramid, has a diverse collection of restaurants and entertainment spots.

Memphis Cook Convention Center

The new Memphis Cook Convention Center, located adjacent to the Pyramid and Pinch District provides major conference and convention facilities. The expansion includes the new Cannon Center for the Performing Arts. The addition of new hotels, fountains, walkways, art sculptures and other amenities should enhance the ability of the city to attract national class conventions.

Mud Island River Park

Mud Island River Park, accessible by an over the harbor monorail, encompasses 52 acres of horticulture, restaurants, gift shops and an outdoor amphitheater. It is a popular tourist and visitor attraction.

South Main Street Renovation

The South Main Street area has undergone extensive renovation and remodeling. New restaurants, galleries and boutique shops have opened, resulting in a vibrant, artistic setting for this invigorated business and residential area. The increased number of people who have moved from the suburbs into reconditioned lofts and apartments in this section of downtown has further enhanced the vitality and growth. The proximity of gated luxury homes and condominiums also have contributed to the popularity of South Main Street.

Civil Rights Museum

The development of the Civil Rights Museum, incorporating the Lorraine Motel, the site of Dr. Martin Luther King’s assassination, has enhanced the South Main Street area. This facility is a very popular and impressive memorial to the civil rights leader, drawing visitors from all over the world. A $10 million expansion will draw more visitors.

AutoZone Park

AutoZone Park, located in close proximity to Beale Street, has a capacity of 14,230. It is the home of the AAA baseball club, the Memphis Redbirds, a farm team for the St. Louis Cardinals. In 2001 the facility averaged 11,500 in attendance for 72 regular season games, from April to Labor Day, or a total of approximately 900,000 attendees for the year. AutoZone Park has no dedicated parking lots or structures, using available public parking facilities. Traffic control is provided by the Police Department.

Peabody Place

The new Peabody Place is a 9 square block development which includes the 300,000 square foot Peabody Place Entertainment and Retail Center. It contains several restaurants, nightclubs, boutique shops, 22-screen theater with 4,300 seats, bowling lanes, billiards, video games and other attractions. Peabody Place attracts a large amount of customers and provides its own security. Most of the parking is public.

Gibson Guitar Factory and Rock and Soul Museum

The recent addition of the Gibson Guitar Factory and Smithsonian Rock and Soul Museum, has created yet another popular attraction and entertainment activity. It is located adjacent to the new NBA arena.

IV. CURRENT ISSUES

The success of these various venues has brought a commensurate amount of public safety problems and issues. The increasing demands and expectations placed on both private security and law enforcement have significantly impacted their resources. The large crowds and numbers of vehicles in a relatively small area have resulted in numerous complaints to the Police Department. Police response to problems, staffing levels and deployment methods have been topics of discussion and criticism. The majority of persons interviewed identified common issues as important concerns.

The issues identified below represent a consensus of those interviewed and were confirmed as noted, by independent observation.

1. Beale Street Crowds - Crowds estimated at over 10,000 people congregate on Beale Street on weekend nights. This popular area draws a very diverse crowd, but has also attracted gang members and others who loiter without apparent business. The street sales of alcohol and 5 AM bar closing time contribute to the party atmosphere and impacts private security and police resources.

In the fall of 1999 during the Southern Heritage Classic football tournament, Beale Street experienced a near riot condition, later referred to as a "stampede." These stampedes, which have occurred intermittently, have been described as both spontaneous as well as planned acts. They are generally provoked by gunfire or yelling, resulting in large numbers of people running down the street from the disturbance, climbing on vehicles, breaking windows and trampling people. There have been minor injuries and property damage associated with these activities. Several arrests have been made for firearms violations and other offenses associated with the stampedes.

During the spring of 2001 Beale Street experienced several "stampedes." These stampedes occurred over the course of several weeks, always on Saturday nights around 2:30 AM. A club called Legends is generally credited with instigating these disturbances. Legends had an outdoor stage and a late night band whose music encouraged unruly crowd behavior. Subsequent litigation by Performa forced the closing of this establishment. The closing of Legends in conjunction with Performa’s establishment of a private security presence to monitor access to Beale Street have eliminated "stampedes." Special enforcement and tactical operations have also been effective in mitigating these incidents.

During the tourist season, Beale Street is closed to vehicular traffic from 3 PM Friday afternoon until 5 AM Monday morning. The street is also closed in conjunction with other street closures during special events, such as the Memphis in May Music Festival and World Championship Barbeque competition. A City of Memphis ordinance gives Performa authority to close the street. These closures create a pedestrian mall and a festive atmosphere for nightly street parties. The extensive use of police resources are required to control traffic at intersections as well as for crowd management.

Private security personnel are deployed at all ingress points to prevent minors from loitering about the Beale Street corridor when alcoholic beverages are sold from outside bars. Persons entering the area are required to produce identification to verify that they are 21 years of age. State Law (TCA 57-5-301) precludes persons under 21 years of age to loiter about an area where alcohol is served. Performa has used this State law to limit access to the area when the streets are closed and alcohol is served on outside sidewalks.

Persons under 21 are allowed to enter to attend underage activities at the New Daisy Theater and dine at the Hard Rock Cafe. In theory, any minor with a valid reason, other than loitering, has a right to enter the Beale Street area. The definition of loitering is subjective and open to challenge.

OBSERVATIONS: Crowd conduct and behavior was active, but cooperative and the overall demeanor was positive during the assessment period. Police and business owners stated that the crowd size was comparable to a normal busy weekend, but less than expected for the nights of the World Championship Barbecue Cook Off. Crowds were described as normal to below normal during the second site visit weekend.

During the first site visit, the police presence on Beale Street was very evident on Friday and Saturday nights. Director Crews and several of his command staff were present throughout the weekend nights. Most resources were stationary on Beale Street, with minimal numbers of officers observed in perimeter areas. There appeared to be more officers than necessary for the crowd size and temperament. This is especially true prior to midnight, when extra officers could be patrolling the downtown area.

Few bicycle officers were observed late at night. No motorcycle officers were observed engaging in traffic enforcement efforts, including cruising problems on any night during the research period. A small number of motorcycle officers were performing traffic control duties associated with the Memphis In May activities.

During the second site visit, there were some interim improvements in police deployment, including perimeter foot patrol, towing of illegally parked vehicles and less static deployment of officers on Beale Street. There was still no observable traffic enforcement and minimal use of motorcycle and bicycle patrol officers.

2. Cruising - Hundreds of vehicles come to the downtown area to cruise on weekend nights, causing traffic congestion and gridlock. Vehicles with numerous equipment violations are often driven in a reckless or aggressive manner. Many of the participants engage in boisterous and threatening behavior, inside and outside of vehicles. They play music at high volumes from amplified sound systems, which disturbs other motorists, pedestrians and residents. These unchecked, antisocial and illegal activities contribute to a public perception of disorder and fear.

Numerous youths gather in and out of vehicles in Tom Lee Park on weekend nights. They play music loudly and engage in boisterous behavior at late hours and disturb nearby residents.

Many business people and residents feel intimidated by the inappropriate conduct exhibited by many of the cruisers. There is a consensus that the Police Department has not taken a serious, proactive approach to cruising or other traffic enforcement problems in the downtown entertainment area.

During the course of this study a cruising ordinance has been developed and approved by the City Council.

OBSERVATIONS: Vehicles weave back and forth across traffic lanes in a hazardous manner. Vehicles will stop in traffic lanes and drivers and passengers exit and climb on top of stopped vehicles, sometimes threatening other motorists. Exhibitions of speed, running red lights, straddling and changing lanes when unsafe are common driving behaviors.

The cruising participants observed, consisted of predominantly young African American males. Minimal enforcement action was observed for these highly visible and flagrant violations. The lack of engagement by the Police Department silently condones unacceptable and illegal behavior.

There was no observed proactive traffic enforcement effort to mitigate cruising problems. Street barricade closures were deployed to re-route the congested vehicular traffic from the Beale Street corridor. These street closures have the effect of displacing some of the cruising to other areas, which impacts on police resources in outlying precincts. The closures and associated traffic congestion often prevents residents from getting to their homes.

These procedures do not appear to be effective in obtaining compliance with laws, behavior modification, or improving traffic flow. Numerous flagrant equipment violations were observed with no enforcement action taking place. Many vehicles have obvious unsafe equipment violations, including illegal and distracting lighting devices. Loud amplified music and X-rated pornographic movies are displayed clearly in public view from video screens in headrests and monitors in rear windows of some vehicles. Other observed vehicle code laws frequently violated included: drivers and passengers not wearing seatbelts, videos playing on screens in driver’s view, open alcohol and other equipment and registration violations.

Noise violations and other cruising behaviors disturb residents living in the downtown area, keeping them awake until the early morning. Police responses to citizen complaints are often not contemporaneous to the events taking place, which contributes to citizen frustration and dissatisfaction with police services.

3. Police Deployment - Police deployment efforts have not been consistent in mitigating many of the public safety issues caused by the popularity and influx of people and vehicles into the downtown area. The lack of a standardized plan, combined with frequent rotation of supervisors and personnel has resulted in a lax and inconsistent enforcement profile and frustrating both police and community leaders. There was general consensus that the citizens of Memphis, for the most part, support their Police Department. There is however, concern that many officers will not engage in positive enforcement efforts to solve problems. The Department tends to be characterized as reactive, rather than proactive.

It appeared that there were more police resources than necessary on Friday nights, which were fairly quiet with minimal crowds. On Saturday nights, there were far fewer officers, in spite of significantly larger crowds and increased traffic. This was attributed to fixed scheduling, which results in more personnel on Friday nights and fewer on Saturdays. This is a regular occurrence, according to police supervisors.

There were some noticeable interim improvements in police deployment procedures observed during the second site visit. It was noted that there was a presence of police command staff, including a Deputy Chief and an Inspector, actively supervising the field operations on Friday and Saturday nights. There were teams of officers on foot patrol walking the perimeter of Beale Street. The officers assigned to Beale Street were interacting more with the crowds and not remaining on static posts, or congregating in groups. Officers were enforcing tow away zones on Peabody Place. Officers on horseback were visible on Beale Street and were effective in creating a visible presence and assisting with clearing streets.

No traffic enforcement activity was observed on any weekend nights. A small number of motorcycle officers were observed in the downtown area on weekend nights and the majority of those were sitting on their motorcycles or standing behind barricades on closed streets. None were observed patrolling or engaging in enforcement activities. No bicycle officers were seen patrolling on weekend nights, although a few were seen standing on Beale Street.

Extensive police resources are used for basic traffic control duties, but minimal attention is given to proactive or selective traffic enforcement, foot patrol and interaction with the crowds.

OBSERVATIONS: Officers assigned to Beale Street were congregating in stationary groups and were not seen walking, making premise checks of businesses or engaging in enforcement contacts. There was minimal active patrol of the perimeter, parking lots or alleys. Few law enforcement contacts were observed for minor violations, including littering, public urination and defecation, curfew, minors in possession of alcohol, etc., despite public examples of such behavior. These types of violations do not appear to be a high priority to enforce in the downtown area.

Factors for nonengagement included the perceived excessive commitment of police time and resources necessary to deal with the volume of violations. Officers are reluctant to make physical arrests because they are either at the end of their shifts, or concerned about excessive booking time at the jail.

According to police managers and supervisors, many officers perceive assignments in the Downtown Precinct or to Beale Street as undesirable or punitive. Police are routinely assigned to the downtown area from other precincts on temporary duty. Many of them are not familiar with the issues in the area, which affects the necessary level of proprietary interest for solving problems with consistency. Many officers appear to be reluctant to deal with minor nightlife disorder maintenance issues.

Although there was more mobility observed by foot patrol officers during the second site visit, there was still minimal engagement for open alcohol, curfew, jaywalking and other minor offenses.

4. Traffic - Traffic congestion was a priority concern for those interviewed. Pedestrians waiting for lights to change during periods of light traffic causes frustration and encourages violations. Business owners have concerns about traffic detours and ingress and egress routes having a negative impact on their customers’ ability to travel to and from the entertainment area. These detours occur on a regular basis for activities at the Pyramid and AutoZone Park, but are exacerbated during special events such as Memphis In May, which close off major arteries and impact the already congested conditions in the downtown area.

The additional pedestrian and vehicular traffic associated with other sports facilities and entertainment venues, in a relatively small downtown area, have exceeded the ability of the current street design and traffic controls.

The practice of closing streets for the duration of college and professional basketball games at the Pyramid, rather than limited closures prior to and after these activities, were a source of frustration and inconvenience to many business people, as well as residents living downtown and in the Mud Island area.

OBSERVATIONS: The surface streets of downtown Memphis were not designed to handle the numbers of vehicles currently coming into the area. Traffic congestion resulting from special events at the Pyramid and AutoZone Park conflict with other entertainment venue activities. Ingress and egress from parking lots contribute to congestion. Pedestrians cross against red lights without waiting for lights to change. Street barricades erected by police are left in place after events, necessitating their removal by business operators.

5. Panhandling - Panhandling and issues with street people were also a priority concern expressed by those contacted. Most downtown business people identified the street population as the single largest issue they are confronting. There is concern that this population will have a negative impact on much of the progress and development that has occurred in recent years. The impression is that the Police Department should be the agency to eliminate, or displace the street population from the entertainment area. Many police officials also expressed frustration over the problems associated with street people.

OBSERVATIONS: Although there is a sizable population of street people in parks and on the street, the numbers do not appear to be proportionately greater than most communities. There was no police intervention or enforcement action observed, although panhandling activities are quite prevalent in the downtown area, especially in parks.

6. Parking Enforcement – Parking restrictions are not enforced on a consistent basis in all locations of the entertainment area. There is a common perception that some police, political leaders and business people are allowed to park illegally with no consequences. On Beale Street, some vehicles are illegally parked with restaurant menus displayed on dashboards, with the expectation that police will overlook the violation. Some city officials park in prohibited zones and display signs identifying their affiliation on dashboards. These issues were raised in several interviews and verified by personal observation.

OBSERVATIONS: Many signs are confusing or inadequate for enforcement. Some parking restriction directional arrows do not accurately delineate the prohibited zones, which is confusing and unenforceable. Many tow away and no parking zones are not clearly posted. Permitting passenger vehicles to park in loading zones with flashing light invites violations and obstructs loading zones for delivery vehicles, which are then displaced into traffic lanes. Many vehicles park illegally in loading or tow zones with emergency flashers activated for hours. The alleyway behind Beale Street is under construction, which further hampers access for delivery vehicles.

Police vehicles park in tow away zones on Beale Street in front of the Precinct Museum on a regular basis, which does not set a good example for others to follow. Some city officials and business operators also park in these areas with an expectation of leniency. Delivery trucks are allowed to block traffic lanes on busy streets, park illegally in tow and no parking zones and on sidewalks, even when rear delivery access is provided.

Commercial vehicles and private vehicles of construction employees park in prohibited areas while working on projects in the downtown area. This creates animosity on the part of business owners and exacerbates the perception that special consideration is given to some entities, while they and their employees must utilize paid parking lots, or park significant distances from their businesses.

Parking lots are often full and the ingress and egress procedures disrupt traffic flow on streets. There are no signs regulating turning movements from the street and into and out of the facilities. Vehicles making left turns into and out of parking lots back up traffic on narrow and crowded streets. Parking operators require that fees be collected at the entry point, which causes motorists to queue up in the street and results in congestion and gridlock. Significant egress delays routinely occur during special events.

7. Towing - There is a consensus that tow away zones are not enforced on a consistent basis. Response times to towing complaints are slow and enforcement levels and actions are sporadic. Police supervisors are required to approve tows in advance.

OBSERVATIONS: Officers are required to obtain a supervisor’s approval prior to towing a vehicle. This policy grew out of command staff concerns that unscrupulous tow operators might engage officers in unethical towing practices. The policy requiring officers to seek approval for basic towing decisions is cumbersome, stifles initiative and is an ineffective method of expediting tows and enforcing basic parking laws. The result is that officers routinely drive by vehicles parked in tow away zones.

8. Traffic Control - Extensive numbers of police resources are committed to basic traffic control duties. The perception is that officers on traffic control will not respond to, or assist with other order maintenance issues. This appears to be a practice, or attitude on the part of some officers and not policy. There is only limited use of civilian traffic control personnel.

OBSERVATIONS: The number of sworn officers on overtime assigned to basic traffic control duties does not appear to be a cost effective use of resources. Officers have specific traffic control and pedestrian management responsibilities, restricting their ability to engage in other non-emergency police activities. The civilian traffic control personnel appeared to be proficient and professional.

9. Illegal Vending – Illegal sales of merchandise, including bootleg souvenirs, alcohol, food, periodicals, etc., were reported to be widespread in the past, especially during special event weekends. Code enforcement operations have been successful in mitigating these activities. Several of those interviewed mentioned that police do not routinely take independent initiative or action against open illegal vending violations.

Scalped tickets are openly sold in front of the Pyramid and AutoZone Park. Police reportedly are reluctant to take action against ticket scalping. Some of the vendors are street people, while others are entrepreneurs who take advantage of the success of downtown, without adhering to permit and code conditions.

A frequent practice during special events is to flag vehicles into parking lots on private property and charge fees. Many of these individuals have no ownership or responsibility for the property and are misrepresenting their authority to allow or charge for parking. In some cases, parked vehicles have been towed, after the unscrupulous "parking attendant" has pocketed the money and departed the area.

OBSERVATIONS: There is no state law regulating ticket scalping, but there is a seldom-used local ordinance that prohibits vending within 200 feet of selected places. The sports facilities would be included in the enforceable areas. It appears that the ordinance is not clearly understood by many officers and therefore not enforced. No scalping or illegal vending activities were observed, except for a few street people attempting to sell free periodicals and flowers.

10. Bicycle and Foot Patrol – Business operators and residents state that they do not routinely see bicycle or foot patrol in the downtown area during the day or night. Officers do not regularly attend business and homeowner meetings, although command level officers do participate on occasion. The consensus among business owners was that they feel that they do not know the police officers working their area. They would like to return to a policing style they enjoyed in the past, when the same officers patrolled the area for extended periods of time and were familiar with the residents, business operators and criminal element. They would welcome patrol officers to attend their association meetings.

OBSERVATIONS: In contrast to the large numbers of officers assigned to Beale Street on weekend nights, there are few officers patrolling the surrounding areas. It appears that there has been a shift in deployment styles from a community-oriented approach, to a more mobile and detached style, lacking the proprietary interest and relationships that were once common. No foot patrol was observed during normal business hours. Few bicycle officers were observed during the day or night.

11. Communications - There were several people who complained about the lack of responsiveness by police telephone operators and station officers at the Downtown Precinct, Beale Street Police Museum and Pinch District storefront station. Callers are referred to another telephone number to call to make reports or request police assistance. The more distant location of the Downtown Precinct has contributed to some of the separation and reduced visibility.

Several individuals interviewed mentioned having to call several times to make a telephone report, or being advised to call different precincts or the dispatch center, depending on the nature or location of the incident.

OBSERVATIONS: There appears to be a need to examine telephone procedures and develop a more efficient method of transferring calls to the appropriate jurisdiction, as well as handling non-emergency telephone reports in an expedient manner.

12. Substations - Pinch District business operators feel that the storefront substation located in a North Main Street bus complex is of little value, as the officer assigned does not engage in any proactive policing and will not take reports or perform other routine police services. They rarely see bicycle officers, except when riding through the area quickly, without stopping or contacting merchants. They feel the patrol level in their area is inadequate, while other areas are saturated with officers. Beale Street business operators believe that they have lost the personal contact and high police presence that they enjoyed in the past, when the precinct was located where the museum is currently situated.

OBSERVATIONS: The Downtown Precinct is somewhat remotely situated on the edge of the entertainment area. In the past, the Precinct was located on Beale Street, which maximized visibility and access to the public. The Beale Street Police Museum has historic merit, but it is labor intensive to use sworn personnel to staff the facility to perform visitor information duties. The bicycle patrol operates out of a separate office near Court Square. Performa has offered to donate office space for a substation on or near Beale Street.

There are plans to renovate the old precinct and use it as a substation. There are also plans to renovate the former police headquarters building and move the downtown precinct and headquarters operations into that facility. This plan would consolidate many functions that are now separate.

13. Racial Concerns – There are concerns expressed both by community members, as well as officers, that the Police Department has developed an unwritten, or informal policy of nonengagement and a "hands off" approach to entertainment district violations and cruising issues, due to concerns about creating the appearance of racial discrimination.

OBSERVATIONS: The majority of the cruising activity in the downtown area appears to be predominantly African American males in their late teens or early 20’s. The crowds on Beale Street appear to be more diverse, both in age, gender and racial composition. Issues of bias or discrimination were not evident, personally observed, or reported.

14. Place Management - There have been concerns expressed that some businesses have not exercised responsible site management with respect to their target customer base. Jillian’s, in Peabody Place, was believed to have attracted gang members and minors, who loitered in the vicinity and created an undesirable presence, as well as public safety concerns. There was some concern on the part of police supervisors that in the past, Muvico Theaters sold tickets to shows that attract underage patrons, with show times that conflict with curfew laws, resulting in large numbers of juveniles loitering or waiting for transportation late at night.

OBSERVATIONS: Both Jillian’s and Muvico changed their general managers in April, 2002. Interviews with both managers, as well as observation, indicate that the issues about site management in those locations have been resolved. Both managers expressed concerns about past perceptions and have taken steps to correct the problems.

Jillian’s new manager has replaced several supervisors, implemented a dress code and a cover charge. The management proactively deals with problems associated with minors loitering on the premises and work more closely with the police to mitigate issues both inside and outside the premises.

Muvico’s manager has emphasized family entertainment and does not allow juveniles to loiter. They have IPC security personnel inside the premises on weekend nights and employ staff who are adept at dealing with youths and problem customers.

It should be noted that the police supervisors contacted have reported that issues associated with customers from both businesses have diminished to the point where they do not have any of the problems experienced a year ago.

The management of Peabody Place and the IPC security staff are very effective in problem solving and take a positive and interactive approach to their customer relations and site management responsibilities.

15. Lighting, Litter, Signage and Public Restrooms

Some areas including alleys and parking lots in the perimeter of the downtown entertainment area are dimly lit. These areas include both private and public property.

Trash is strewn around the streets and sidewalks every weekend. This is especially prevalent during special events. There are insufficient trash receptacles and infrequent removal procedures.

The proliferation of A-frame, sandwich style signs placed on sidewalks creates a hazard to both pedestrians and vehicles. The signs obstruct sidewalks and also create sight view problems for motorists by blocking views of oncoming traffic. Many of them do not present a professional appearance and detract from the aesthetics of the Beale Street Historical District and downtown entertainment area. Many of these signs either have been, or are in the process of being removed, however some business have not cooperated with this effort.

The signs installed on Beale Street barricades prohibiting minors, open alcohol and other restrictions, are not visible. According to Performa representatives, higher barricades are available and were considered to post signage, however the police and Beale Street Security (Performa) agreed they would block the line of sight on the street having an overall negative impact on public safety. This decision needs to be re-evaluated. Higher signs are necessary and if properly installed will not create any adverse safety issues. The present barricades are adequate.

There are not enough public restrooms on Beale Street, or in the outlying vicinity to accommodate the large crowds. The only public facilities are located in Handy Park, which have limited capacity. These restrooms were routinely closed at 10 PM on weekends. The doors had inside locking deadbolts which could not be accessed from outside without a key. This enabled the restrooms to be locked from the inside, which was a significant public safety hazard. Street people, who locked themselves inside at night, used the Handy Park restrooms as sleeping facilities. Upon notification of this report’s findings, Performa changed the locks and has authorized the Beale Street Security supervisor to keep the restrooms open until 3 AM or later at their discretion. Most nightclubs restrict access to their restrooms to customers who have paid a cover charge to enter.

The lighting in some locations in the entertainment area is inadequate. Several public alleys, sidewalks and private areas are dark and uninviting. As examples, areas noted include: Barboro Alley, the alley on the east side of 3^rd St., across from Handy Park and the alley between Beale Street and George W. Lee. Public accident liability potential is increased by low lighting conditions. These conditions appear to be both a private and municipal responsibility.

OBSERVATIONS: Although additional trash containers have been recently been installed on Beale Street, there are still inadequate numbers of trash receptacles throughout the entertainment area. Trash begins piling up on sidewalks and in the street early in the evening, both on Beale Street and the surrounding vicinity. Trash, broken glass, street barricades and other hazards were strewn around the sidewalks surrounding Beale Street and Peabody Place. Performa is responsible for refuse removal within the Beale Street district and they contract with an outside service

The number of public restrooms on Beale Street and in the vicinity is inadequate for the number of people this area attracts. The only public restrooms, located in Handy Park, were locked every night at 10 PM by the property management company, prior to the arrival of the large crowds. The restrooms could be locked with a deadbolt from the inside, making these areas attractive for criminal activity or as sleeping areas for street people. The locks have since been removed and the restrooms are now allowed to remain open until 3 AM. Security and sanitation are significant concerns in the area.

Performa has constructed signs on covers for the bicycle barricades used to close Beale Street. The signs prohibit the following activities: open alcohol, persons under 21 years, animals and reptiles. These waist high signs are printed on plastic covers placed over the barricades. The signs cannot be seen because of the low height and the dense crowds pressing against them at entry gates. There are no signs displayed around the perimeter advising patrons to not carry open alcohol onto public streets outside the sanctioned area when leaving. Trash receptacles are posted at all ingress and egress where Beale Street Security prohibits people from entering or leaving the District while carrying open containers of alcoholic beverages.

16. State Laws and Municipal Ordinances – Some police officers interviewed stated that there were impediments to enforcing state traffic laws, which are misdemeanors and in some cases require physical custody arrests and booking. Examples given were proof of insurance statutes and drivers license violations. Some believed that municipal ordinances lacked sufficient prosecution emphasis and the penalties were inadequate.

OBSERVATIONS: There does not appear to be any current impediments to enforcing state traffic or criminal laws, nor municipal codes. Obstacles previously associated with the enforcement of insurance laws have been resolved and there is willingness on the part of the District Attorney to prosecute. The City Attorney has stated that there are no issues preventing enforcement and prosecution of municipal traffic ordinances.

One area of concern is that Article 6 Section 14, of the Tennessee State Constitution, enacted 1796, mandates that penalties for violations of local ordinances can not exceed a fine of $50, with no incarceration.

Only a few State misdemeanor violations require physical custody arrests. The majority of the violations can be cited and released at the scene and do not necessitate significant commitment of law enforcement time and resources. All municipal code violations must be cited and released, as there is no authority to book for these offenses. Police policy requires a valid local address within the state before issuance of misdemeanor citations.

17. Private Security - There are presently three separate security companies providing services in the entertainment area. This practice presents communications and coordination challenges and impairs continuity of operations.

OBSERVATIONS: Peabody Place employs the services of one company, IPC, to patrol their venue, as well as some parking lots. There is a separate contract with a second security company, CDA Security and Detective Services, to patrol and staff other parking lots contiguous to Peabody Place. A third security company, Winston Security Services, has been hired by Performa to patrol Beale Street. Two companies provide security services in parking lots that are contiguous to one another.

The practice of contracting with three separate security companies to provide service to parking lots that are adjacent to one another is inefficient and creates communication and procedural barriers. There does not appear to be a sufficient number of private security personnel to provide adequate patrol of parking structures, parking lots and Beale Street during weekend nights. There are a highly visible number of private security officers inside Peabody Place, but minimal presence outside.

The private security companies appear to work well with the Police Department and there is an integration of roles in some cases. This cooperative effort is specifically evident in the closed Beale Street corridor, where private security personnel check identification to monitor access of persons under 21 and interact with the crowds in a proactive manner. In Peabody Place, off-duty uniformed police officers are hired to augment the private security force.

18. Video Camera Surveillance – There are currently three separate video camera surveillance systems deployed in the downtown entertainment area. Monitors for these systems are located in the Peabody Place IPC security office, CDA Security and Detective Services office, and Police Headquareters. River City Management, Alfred’s, B.B. King’s, the Beale Street Police Museum, Waterford Plaza and others have systems that monitor their particular site. Each entity has their own protocol for use and monitoring commitment.

OBSERVATIONS: One system is operated by CDA Security and Detective Services to monitor Beale Street and some parking lots. The River City Management Group operates another system, monitoring their businesses on Beale St. IPC security operates a video system for Peabody Place and one parking lot. The Police Department has their own cameras, although these are not monitored on a full time basis and some of the equipment is inoperative. This duplication and separation of technology and personnel resources lacks coordination and is redundant in some cases.

The systems utilized by CDA and Peabody Place IPC security personnel appeared to be modern and operational. Both companies have personnel assigned to monitor sidewalk parking lot and street activity. The River City Management system was more basic than the other two and was only monitored on an intermittent basis, primarily for that organization’s businesses. The Police Department’s equipment was not observed.

Downtown Revitalization - The revitalization of the downtown, combined with the many entertainment venues, sports facilities, historical attractions, restaurants, art galleries, shopping areas, educational institutions, etc., all combine to make this a vibrant and attractive destination choice for visitors.

Working Together - The consensus to do something about problems and the united approach by business groups is commendable.

Commitment to Problem Solving - The willingness to commit resources for seeking outside assistance to evaluate conditions and make independent recommendations is positive.

Place Management – All business owners and managers interviewed throughout the downtown entertainment area expressed a desire and willingness to exercise appropriate levels of review and supervision to address public safety issues. There was considerable interest in working with the Police Department and other agencies to solve problems.

Center City Commission – The Center City Commission represents a diverse group of stakeholders and provides a unified method of addressing a wide range of political, business and community safety issues.

Memphis Shelby Crime Commission – This organization provides extensive expertise in public policy and research methodologies, consensus building and developing private and public partnerships to address crime and safety issues. The Crime Commission plays a vital role in facilitating communications and community awareness.

Command Focus - The Police Director and his command staff appear to be taking an active interest and concern about many of the issues that have been brought to their attention. The Department and the Police Director have community support.

Equipment and Facilities - The Police Department, for the most part, has excellent equipment and modern training facilities. The Aviation Unit has state of the art equipment.

Specialization - The Department has many specialized units, all of which appear to be professional and competent. The Department has significant resources to commit to events. The Tactical Unit is very professional and impressive in appearance and demeanor.

Special Events - The special events staff is very knowledgeable and traffic control procedures for sporting and other activities are planned and executed effectively.

Leadership Style - The Police Department needs to have the flexibility and commitment to adapt to the changing demands of the emerging entertainment district.

Turnover of Supervision - Command staff and managers responsible for the entertainment area are rotated too frequently, which adversely affects continuity and consistency.

Supervisory Span of Control - The span of control of supervisors to subordinates needs to be reviewed. At the present time there are reportedly150 unfilled lieutenants positions. It is not uncommon for a lieutenant assigned to the Downtown Precinct to be responsible for more than 50 officers, exacerbated by the necessity to leave the field on a frequent basis for a variety of administrative duties.

Special Event and Traffic Enforcement Staffing - The special events unit appears to be understaffed for the number of events and planning requirements. The current staffing consists of a lieutenant and an officer, who not only are responsible for planning and approval of special events, but also the implementation and supervision of them.

The number of police motorcycle and bicycle officers is quite low for a city the size of Memphis, especially considering the number and frequency of special events requiring specialized policing capabilities.

Deployment Plan - The lack of a formalized plan to standardize deployment policies in the downtown entertainment area has caused some erosion in public confidence. The Department is seen as having a reactive style, often assigning large numbers of officers to a problem or situation after the incident has occurred, with minimal follow up or continuity to the effort.

Use of Sworn Officers vs. Civilian Employees - There appears to be far too many sworn police resources assigned to traffic control duties and special events. Many assignments could be handled by civilian personnel, freeing police officers for crime prevention and proactive policing. Many police agencies across the country use civilian personnel for report taking, investigating traffic collisions and traffic control.

A small unit of police officers, properly supervised and directed, could effectively police the entertainment area. The utilization of trained civilians to handle parking, towing and traffic control duties, would provide dedicated services specifically for those duties and would free up police officers to handle criminal and enforcement responsibilities. A higher level of service could be provided at a significantly reduced cost to taxpayers.

Technology - The lack of modern technology, including mobile computers, video cameras in vehicles and automated report writing equipment impacts efficiency. The practice of handwriting police reports is time consuming and labor intensive.

Commitment to greater engagement is likely to require more report writing. Future decisions regarding the use of cameras and mobile data computers in vehicles can enhance operational capabilities in the areas of crowd and traffic management, resource allocation and deployment assessment ability.

Police Association - The Police Association is viewed as adversarial by many managers and believed to wield too much influence on normal operations, including overtime assignments, shift alignment, staffing, scheduling and rotation of assignments. Some supervisors have indicated that these issues affect shift scheduling in the downtown entertainment area. Lack of adequate staffing and prior planning may be contributing factors.

Concerns were expressed by some managers that Police Association representatives have tried to prevent supervisors from holding officers on overtime to provide sufficient resources at bar closing time. There has also been some resistance at efforts to change shift hours to extend to 3 A.M., or balance staffing levels on weekend nights to address public safety issues associated with bar closures.

Interviews with association representatives indicated that their main concern is that there does not appear to be any advance planning by management to provide adequate staffing levels to meet normal reoccurring public safety demands. The Association opposes the practice of routinely holding officers over at the end of their shifts and bringing in resources from other precincts, thereby depleting those areas of police service. The Association would welcome an overtime plan that would include a systematic method of signing up officers on days off to augment staffing downtown on weekend nights. The Association supports the concept of implementing a dedicated team assigned to police the downtown entertainment area.

Private Security – The practice of contracting with multiple security companies to provide patrol services in the downtown area presents coordination and communications challenges and problems. This is particularly evident in the parking structures, where there are two different companies responsible for contiguous areas. There is also duplication of video surveillance cameras, records keeping and other administrative functions, which is confusing and counterproductive.

Definition of Downtown Entertainment Area – There is lack of agreement on what constitutes the entertainment district, or area. The term "district" appeared to be one of the obstacles in attempting to get different venues to think in holistic terms, or treating the entire downtown geographic area as one entity and obtaining consensus regarding problems and solutions.

Performa wants to protect the historic district designation of Beale Street. This designation allows Performa to close streets and merchants to sell alcohol in public. Much of the revitalization and success of Beale Street is attributed to its’ historical landmark district status, which is under the jurisdiction of the State’s Historical Commission and the U.S. Department of Interior. No architectural changes can be made to the district without prior approval of the State’s Historical Commission which must be receiving funding and regulation through the Department of Interior. For instance, permission to alter storefronts to place outside bars within the individual businesses was initiated well over a year ago but authorization has just been granted .

Street Design - Many streets in their current configuration cannot accommodate the traffic volume, numbers of parked vehicles, pedestrians and horse drawn carriages, all competing for space. Designated lanes and adequate and accessible parking areas for the carriages are not fully developed. Regulation of horse carriage parking near restaurants has recently been addressed by ordinance.

Commitment To Change

In order to evaluate the varied methods of addressing and solving the issues and problems associated with the rapidly emerging Memphis entertainment area, it is essential to examine the research results from a recent study of 40 cities around the country. The practices, policies and procedures identified in this study have worked well in other jurisdictions and can easily be adapted to Memphis.

Many of the solutions recommended in this report, although specific to Memphis, are based on proven, workable policies and procedures successfully utilized in many cities with vibrant and popular entertainment districts.

The following synopsis of the extensive research conducted in active entertainment districts across the nation provides guidelines and procedures that are proven, workable and are easily adapted to the City of Memphis. There are common solutions to common problems. A review of these benchmark practices is essential prior to implementing the solutions and recommendation portion of this report, as they represent effective and contemporary, "state of the art" entertainment district policing strategies.

Background

A research paper, titled "Policing Entertainment Districts," written by California State University Los Angeles Professor Blair Berkley, Ph.D. and Santa Barbara Police Lieutenant John Thayer, was published in Policing: An International Journal of Police Strategies and Management, June 2000, London, England.

Entertainment is now the largest trend in retailing and urban redevelopment and is credited with revitalizing many downtown business areas. Consequently, many other cities are attempting to replicate this success by developing pedestrian-oriented entertainment districts consisting of movie theaters, nightclubs, bars, restaurants and retail shopping.

This research summarizes the results of 30 police manager interviews and a nationwide survey of 40 cities, which were used to identify entertainment district features that create problems and demands for police resources. It also offers effective strategies and tactics for policing entertainment districts. The most effective policing is done at the district planning and design stage by engineering out features that cause problems. Good entertainment district policing then requires continuous training and education of police, business managers and private security personnel.

Police personnel assigned to entertainment districts ideally should be hand picked for this duty. Entertainment district policing should be viewed as a specialty assignment, requiring excellent interpersonal skills, a high degree of initiative, problem solving ability, discretion and flexibility. Finally, nighttime district patrol requires a multi-prong, consistent, sustained effort to preempt problems and assure public safety.

Common Qualities - The common qualities of successful entertainment districts from a public safety standpoint include the following components:

1. Commitment and prioritization by city leadership. City Manager, Mayor, Council, Police Administrator and business leaders must agree on priorities and strategies for both short and long term solutions. There needs to be a shared vision for the success and vitality of not only the entertainment district, but also the entire community.
   
   
2. Good district design. Includes safety issues, such as adequate lighting, appropriate and visible street signs and traffic signals, attention to ingress/egress, available parking and public transportation access.
   
   
3. Workable laws and ordinances. Must be appropriate, reflect current community standards, easily understood, enforceable and supported by the entire criminal justice community.
   
   
4. Proactive community policing. Includes planning, training, developing alternative strategies and long term commitment to problem solving. The key is developing partnerships with the community to jointly address public safety and perception of safety issues. Law enforcement alone will not solve long term social problems.
   
   
5. Responsible and unified business management. Business associations can be vital to both economic and political success.
   
   
6. Privatization of some police services. Private security or civilianization are trends.
   
   
7. Cost recovery. Develop alternatives for paying for some police services
   

. Effective Entertainment District Policing

In order to meet the rapidly changing demands and expectations of police agencies with fixed financial and personnel resources, police managers must be willing to listen to new ideas and develop creative and occasionally non-traditional approaches to providing police services to entertainment districts.

Most law enforcement agencies do a good job of policing special events. There is normally a planning and coordination period, a written tactical plan and staffing levels carefully evaluated and implemented without negatively impacting normal services. Supervision and enforcement guidelines are adequately addressed. Event organizers are identified and private security responsibilities are agreed on in advance. Officers are normally assigned on an overtime basis, with no other citywide responsibilities. An after action report is routinely submitted. For the most part these large events are well managed, adequately policed and are conducted in an organized and safe manner.

What we have found in entertainment district policing is just the opposite in many cases. Many police agencies view these districts as "trouble spots," or problem areas that are caused by the bars and nightclubs and drain resources. Often, law enforcement agencies avoid assigning dedicated resources early in the night, responding only to critical incidents. They then flood the area at closing time with large numbers of officers, with a show of force intended to discourage problems by a tactical approach.

Usually the majority of the officers are at the end of a shift, making them subject to avoidance of conflict, rather than taking assertive action, which would result in overtime or an increased workload. This is a "Band-Aid" approach that does little to mitigate problems, deprives the rest of the city of police coverage and builds frustration at all levels. In short, most law enforcement agencies do not treat entertainment districts as a special event. Entertainment districts are often viewed as undesirable assignments and a problem to police.

Law enforcement agencies should approach entertainment district policing requirements the same as those for special events. This necessitates formalized strategies, excellent communications, commitment of dedicated resources, special training, adequate supervision and consistent management of operations. The popularity of Community Oriented and Problem Oriented Policing strategies nationwide has fostered a variety of creative and specialized approaches to addressing community safety issues.

Proactive Community Policing

Community Policing is a philosophy, not a slogan or programs. It is recognition that police resources alone will not solve crime problems, or the fear of crime, in a modern and changing society. There must be willingness on the part of law enforcement leadership to develop partnerships with the community, listen actively to their concerns and welcome input into deployment priorities and policing strategies.

Problem Solving vs. Response Oriented

• A mission statement and department philosophy should be clearly posted and understood by all personnel. This mission statement should be the driving force and vision of the agency.

• Partnerships with citizen groups, business associations, schools, service clubs, and youth groups need to be developed and maintained. A police community advisory panel can be an effective method of gaining input and trust. Permit conditions should require police approval of security plans.

• Basic Beat Plan. It is recommended that Senior Officers, or Beat Coordinators be carefully selected and assigned to each beat in the city, charged with solving problems at the lowest possible level. Ideally, assignments should be for at least three years in order to become familiar with all the issues and people in their area.

A good starting point for this specialty assignment would be in an entertainment district. There are a variety of incentives to attract high quality, motivated officers for these challenging assignments. Some options include, bonus pay, 3 or 4 day workweeks and/or proving the status of a corporal or senior officer rank, with commensurate limited supervisory responsibilities and authority.

• Server and security training. The police department should play an active role in setting expectations for private security personnel. This interaction should include information regarding laws pertaining to minors, false identification and alcohol. Police should also play a partnership role in responsible beverage service and designated driver training for alcohol servers. This not only helps to set the proper tone for employee behaviors, but also develops positive working relationships with businesses. Another benefit is fostering an atmosphere of shared responsibility for the safety of patrons with managers and owners, as well as alcohol awareness agencies.

• Customer Surveys – How are we doing? Customer surveys are helpful to gauge community attitudes and expectations.
  

• Media Relations – The importance of involving the media in public awareness and education cannot be underestimated. The public needs to know what the rules are and what the police department’s level of enforcement and engagement will be. This should be periodically communicated via normal media channels, as well as through schools and community organizations.
  

• Grants – Research state and federal grants to address delinquency prevention issues such as curfew, alcohol possession, gang intervention, etc.
  

• Dedicated Resources – Proactive entertainment district policing necessitates the assignment and deployment of dedicated resources on a continual basis. A small, specialized unit of one supervisor and as few as four officers, carefully selected and trained, regularly assigned for at least a two year period, can make a major impact on even the busiest of entertainment districts. Offering bonus pay, modified workweek, senior officer status, and some flexibility in hours worked and other incentives can make this a desirable assignment.

Officers on overtime (extra duty, not extended shifts) should be assigned to augment the regular dedicated resources. This is greatly preferred to "loaning" or assigning on-duty resources from other areas. Using officers from other areas deprives police coverage in those areas and can also be viewed as an undesirable assignment, or even as punishment to some. In short, on duty resources are not the recommended personnel pools to draw from on a routine basis to staff a busy entertainment district.

Shift staffing levels, days off and work hours should be evaluated to insure that the community’s public safety needs are adequately addressed. Consideration should be given to finding solutions to staffing demands – creative work hours such as "10-4 Plans," "12 Plans," "Flex Shifts," etc., should be explored and evaluated. Involving employee associations in evaluating and developing schedules can yield positive results, often creating commitment to a new plan that they helped create.

Long term staffing requirements may necessitate justifying additional financial and personnel resources. Some jurisdictions have found innovative funding sources, including grants, revenue from municipal parking lots, or cost recovery methods for charging for some police services for special events or special policing requirements.

It is not uncommon for the demands of a successful entertainment district to have exceeded the resources of the community’s law enforcement agency. It may be time to consider adding positions to the authorized strength of the department. This is a significant decision, but one that should be discussed sooner than later. Often times the popularity of an entertainment district quickly exceeds the ability of the local government to adjust to the increased expectations and service requirements.

Alternative Deployment Strategies

• Nightlife Enforcement Team – A small unit of dedicated, motivated, specially selected and trained officers can be the most effective method of addressing public safety issues on a consistent basis. The importance of unity of command, consistent supervision and a formal operational plan cannot be underestimated. 

• Varied Methods – combination of high visibility and low profile. Plainclothes operations are most effective in mitigating issues associated with minors, vice, panhandling and other street offenses.

• Foot Patrol – Foot patrol is the basic foundation of district policing. It is effective to have pairs of officers assigned to specific areas and duties. Foot patrol officers should be mobile, interactive and not standing around waiting for incidents. They need to be in and out of clubs, businesses, hotels, parking lots, alleys, etc. Foot patrol should be a regular daily assignment in any busy commercial or entertainment area. They can play a major role in dispelling perceptions of fear, public safety, lack of police presence, or responsiveness and significantly enhance community relations.

• Bicycle Patrol – Highly mobile with exceptional response capabilities in densely crowded areas. Bicycle patrol is recommended 24 hours a day 7 days a week, to complement foot patrol, not replace it. 

• Motorcycle Patrol – Police motorcycle officers, properly trained, supervised and deployed, can be the single most effective method of traffic enforcement. They are highly mobile and very effective at maneuvering in high traffic or congested areas. When used properly. they can quickly mitigate most cruising problems, reduce gridlock congestion and encourage voluntary compliance with equipment and traffic laws. They should be used proactively as enforcement tools, not for routine traffic control or as accident investigators. Motorcycle officers should be assigned on weekend nights, during the times of heaviest traffic problems. It is important to have them assigned to the direct supervision of the manager having responsibility for the entertainment district. 

• Horses – Horses can be effective in creating a high visibility profile and for some crowd management assignments, however they are expensive to maintain and have limited enforcement capabilities. 

• Gang Unit – Most entertainment districts attract gang activity. If this is not dealt with consistently and firmly, the situation can quickly grow out of control. Many gang units are not routinely assigned to entertainment districts, or to cruising issues. These specialized resources can be very effective, providing that they are used under the direction of the manager responsible for entertainment district policing. 

• Tactical Unit – Special enforcement or tactical units provide an excellent back up capability, but are not well suited for routine policing in entertainment districts. Their training, equipment and ability to respond to major incidents can be useful for some situations, but their presence can also be inappropriate for many entertainment venues. Some agencies use these units to augment regular resources, but it is recommended that this be done on a selective basis and not for routine bar closing and crowd dispersal.  

• Traffic Diversion – Intermittent traffic diversion is simply rerouting vehicles at key intersections to disrupt traffic patterns and cruising. It can be accomplished with a minimum of manpower and is only employed for short periods, (usually a half-hour is adequate) under the direction of a supervisor. Traffic control devices (barricades, straddle flashers and directional signs) can be set up by motorcycle officers, who are then free to engage in enforcement contacts in the perimeter. This procedure does not close all streets, which can negatively impact businesses, or create a pedestrian mall effect. Instead, diversion techniques limit traffic ingress, reroutes vehicles for brief periods of time, reduces congestion, permits emergency vehicle access and disperses cruisers.

• Tactical Response Plan and Training – It is essential that a major incident tactical response plan be developed and all personnel be trained in crowd control and mass arrest procedures. This not only provides a level of expertise and confidence for the officers, but also mitigates liability issues that could arise from a public disobedience spectacle. Any entertainment district has the potential for a routine incident escalating into a major confrontation, if the police officers assigned are not properly trained, deployed and supervised.

• Communications – Communications is the single most common challenge in any police operation. Good communications in an entertainment district begins with having the same officers attending district business meetings, who will be providing police services in the area at night. Regular briefings and goal setting by supervisors are essential. Close field supervision and interaction with other officers should be routine. Radio communications are extremely important , but often difficult in crowded, noisy environments.

All officers should be issued custom fit earpieces with portable radio jacks. Several companies provide these items, but most agencies do not furnish them as standard equipment. Off the shelf, "one size fits all" type earpieces are uncomfortable and do not work well. Custom molded, quality earpieces are essential for working in areas with loud background noise. These devices can be used in any crowded, noisy situation or on calls where radio silence is a priority.

Officers making bar checks should call in their location prior to entering. This is not only a good safety practice by letting everyone know where you are, but also prevents one establishment from being checked more frequently than another.

• Reporting and Accountability – One common problem in entertainment district reporting is developing the appropriate level of trust for alcohol establishments to make preemptive calls for police service, without the apprehension that these will be used as documents showing that their establishment is the subject of frequent calls. There needs to be a method of distinguishing between "good calls" that are encouraged and "bad calls" where the problem starts inside and is put out onto the street with no notification to police, leaving them to deal with it.

Another important reporting and accountability concern is the development of an efficient method of compiling information regarding officers activity in an entertainment district. A simple method is a form that is pre-printed with the names and addresses of all bars and nightclubs in the district. The officer simply has to write in the times checked and any problems noted. The reverse side can contain a list of common violations, which not only serves as a reference guide, but also can be an expedient reporting method to record enforcement data and other activity.

This report should be turned into a supervisor at the end of each shift, which provides an immediate review of the officer’s performance. This form can also be used as an assignment sheet, with radio call signs, area assignments, enforcement priorities, etc. filled in at the top and the other information pre-printed for ease of use and completion.

Utilization of this type of document can be a significant factor in establishing consistent enforcement priorities and expectations, as well as measure workload, effectiveness and suitability for entertainment district policing assignments. It can also be a motivational tool.

• Crowd Management vs. Crowd Control – Crowd management is the result of proper planning, communications and supervision. It can be accomplished with a minimum number of officers taking an interactive approach early on, setting behavioral expectations and firmly and fairly enforcing all laws.

Crowd control is implemented when crowd management has failed. Quite often this happens when officers suddenly decide to start enforcing laws that they have silently condoned by inaction and non-engagement, either because they get frustrated by the open disregard for the law, frequency of violations, or it is left up to individual officers’ personal priorities.

People become upset, feel they are being singled out for selective enforcement and resent the police "intrusion" into what has been their own private party up to that point. Crowd control should be defined as a tactical plan necessitated by large unruly, uncooperative and hostile groups. Crowd management is working with people throughout the night or event, to encourage voluntary compliance and cooperation. If this is done properly, crowd control is seldom warranted or necessary.

• Maximum Contact vs. Zero Tolerance -The term "Zero Tolerance" is inappropriate, as it does not allow for discretion and is an unrealistic and inflexible goal.

A preferred term is "Maximum Contact." This simply means that officers will not overlook "minor" violations and will take some form of action, regardless of whether it is a simple educational admonishment, verbal warning, citation, or physical arrest for any observed violation of the law. This approach of dealing with the little things (jaywalking, vehicle equipment violations, etc.) sets the proper tone and prevents the big things from happening.

Preventive Entertainment District Policing

• Early Presence – It is important to have early foot patrol presence on the streets. Officers should make business contacts and set a tone of working together to solve problems. A "firm, fair and friendly" consistent enforcement approach towards violations sets appropriate behavioral expectations and standards for both businesses and patrons.

• High Visibility. Constantly move through crowds, into businesses, etc. It is as important to patrol the perimeter of an entertainment district as it is to be inside the primary nightlife zone.

• Marked Units – A few marked police vehicles should be parked in prominent and strategic positions. This not only creates an omnipresent feeling, but also can be effective for emergencies and arrests, as well as a temporary field office.

• Unmarked Units - Officers should be routinely assigned to both plain clothes and uniformed details in unmarked units. This provides the ability to respond to and engage in police contacts with a degree of stealth, which is desirable to adequately mitigate many public nuisance offenses and criminal activity (i.e., panhandling, public drinking, littering, vice offenses, etc.).

• Jail Van - A jail transport van prominently parked in a visible location, can be a deterrent to some illegal behavior, as well as enhancing the agency’s ability to engage in multiple arrests and expeditiously remove them from the entertainment area.

• Curfew Enforcement – One of the most important elements in a successful entertainment district is to have consistent and enforceable curfew laws. Most agencies studied that did not enforce curfew, also did not enforce many other laws, which contributed to inconsistency and non-engagement. There are many examples of curfew laws that have met judicial review and are easy to enforce. Many law enforcement agencies cite resources and time commitment as reasons for non-enforcement of curfew.

The solution is simple. Develop an enforceable and understandable curfew ordinance. Obtain commitment from probation, prosecutors and the courts to support it. Assign a small number of officers specifically to enforce the law on a regular basis. The use of officers on overtime, to make field contacts and detentions, supplemented with reserve officers to transport and notify parents, can be a cost effective and expedient method, without adversely impacting normal staffing levels.

A period of education prior to enforcement, via public service announcements, information handouts, school newsletters, community and business groups, can serve to maximize the message that curfew violators will be prosecuted. This approach has been very effective and has reduced curfew violations significantly in some cities.

Minors do not belong in adult oriented nightclub and entertainment areas. The enforcement of curfew and other laws pertaining to minors places the responsibility for their behavior where it belongs – on the parents or guardians.

• Bar Checks – It is recommended that regular bar and premise checks be made by police personnel in entertainment districts. Abdicating that responsibility to vice units, fire department inspectors, health and code enforcement, or even in many cases, private security, does not deal with minor problems at the lowest level. This is not to say that those agencies shouldn’t be part of the enforcement effort, but basic patrol officers should be empowered and charged with the responsibility of working with business owners to solve problems. Consistent and appropriate bar checks are an important part of a comprehensive public safety plan and good community relations. 

• Contacting Potential Troublemakers – Officers should engage in informal contacts with potential troublemakers. Often a simple introduction and reminders about curfew, blocking sidewalks, jaywalking, cruising, playing loud music, etc., can discourage further problems. Quick action to make arrests for public intoxication, fighting, etc. can avoid serious incidents later on. 

• Preventing Large Congregations – Have nightclub owners and their security staff be responsible for the crowds queuing up to gain access to their businesses. Keeping sidewalks clear is a shared responsibility, with the first point of contact being with the business owner whose customers are interfering with pedestrian traffic.

Frequent bicycle and foot patrol of parking lots and perimeter areas will prevent large groups from forming. Officers should make contact with groups, both inside and outside the entertainment district and make their presence known.

• Role of Private Security - In the past decade many police administrators have acknowledged the importance of the role of privatization of some services, previously thought to be the domain and responsibility of law enforcement. The reality is that many functions, including traffic direction and some crowd management functions, can be effectively staffed by civilian or private security personnel. In many cases, these specific duties are more appropriate for civilians than using highly paid and trained sworn police officers, who are better suited for law enforcement duties.

Private security should be utilized to augment, not replace law enforcement presence. They should be a visible, uniformed presence and act as the eyes and ears of the police department. Police agencies should play a role in developing positive relationships with private security and provide them with information and instructions on citizens arrest procedures, importance of documentation, when to call law enforcement, etc.

• Bouncer vs. Host Designation - Nightclubs and bars should avoid using the term "bouncer" for their security personnel. A job title often dictates job performance and attitude. Security personnel should set conduct standards and behavioral expectations for their customers. Private security should act as hosts and play a primary role in the management of crowds inside and outside business establishments. They should be willing and able to notify law enforcement of any conditions or situations requiring police intervention. In summation, they should be looking after the safety and well being of their customers.  

• Curtail Gang Activity – Entertainment districts experiencing frequent or expected gang activity should consider deploying a task force approach. A composition of small teams of beat officers, gang unit officers, probation and parole officers, as well as similar counterparts from neighboring jurisdictions, can be a very effective crime suppression measure.

Gang units should be routinely deployed in entertainment districts to work with the officers regularly assigned there. This serves to create a team approach, as well as develop expertise in both gang awareness and entertainment district policing issues and enhances the safety and perception of public safety in those areas.

• Traffic and Parking Enforcement – Consistency of enforcement of all traffic and parking laws is essential in promoting a spirit of voluntary compliance and an expectation of consequences for violations. Failing to take appropriate action on obvious violations silently condones inappropriate, anti-social, or illegal behavior. Remember the "Broken Window Hypothesis," a cornerstone of Community Policing: One broken window in a building, if not fixed, will soon result in many broken windows and an impression of neighborhood decay. Parking problems are broken windows easily fixed.

Regulatory signs should be clearly and properly posted. It is advisable to obtain input on new parking restrictions and proposed traffic plans from business organizations prior to making changes. Enforcement should be consistent and fair. Parked vehicles creating a traffic hazard, or parking in tow zones should be promptly cited and removed.

• Cruising Ordinance – Cruising ordinances can be a tool utilized to mitigate cruising problems, but they are not a panacea. Most cruising ordinances researched tend to be labor intensive and are not nearly as effective as traffic diversions and enforcement of existing traffic laws. A cruising ordinance should be used to augment normal traffic enforcement.

Strict enforcement of vehicle code laws including, equipment modifications, loud music, displaying video screens, etc., can be an effective and permanent deterrent to cruising and other illegal behavior.

• DUI Checkpoints – Roving DUI and seatbelt checkpoints can be effective in creating an atmosphere of order and compliance, as well as reduce the numbers of drinking drivers on the streets. Joint operations with county and state law enforcement agencies can be a source of additional resources and enhance a team approach to dealing with regional public safety issues.

• Minimize Police Spectacles – The recommended span of control for supervisors is one supervisor for every five to ten officers. Proper and adequate supervision will address many operational issues. Groups of officers congregating in the same location should be discouraged. Officers standing around in groups, sitting on or in vehicles, etc., creates a poor public image and is an inappropriate utilization of resources.

Officers should walk, not run to incidents. The sight of police officers running excites crowds and has the potential to incite violence. A minor bar fight can suddenly turn into a public spectacle and quickly get out of control. Everyone wants to go where the action is.

Street clearing operations at bar closing time should be conducted with a minimum show of force and spectacle. The use of techniques such as shining spotlights, activating sirens and having officers forming skirmish lines to move crowds, are usually more likely to provoke a confrontational incident than encourage a timely dispersal.

A patient, professional and personal approach will achieve the same results, usually more expediently than a more formalized, tactical method. Save the crowd control tactics for those infrequent times that an orderly, low key dispersal is ineffective. It’s not advisable to reveal all your assets and capabilities in advance, if the situation doesn’t merit it. Don’t be a police spectacle.

VII. FINAL ISSUE IDENTIFICATION

1. Beale Street Crowd Management

Current Issue

Large crowds, often exceeding 10,000 people, congregate on weekend nights. This attracts juveniles, minors and others who loiter without apparent business. The closure of streets, playing of amplified music on outside speakers, sale of alcohol on sidewalks, permitting open alcohol in public and allowing bars to stay open until 5:00 AM all contribute to the party atmosphere and impacts private security and police resources.

Solutions In Place

Police Presence - The Police Department has committed large numbers of resources to create a high visibility profile to discourage illegal behavior.

Curfew Ordinance – There is a curfew ordinance prohibiting juveniles and minors from loitering after 11 PM.

Relocation of Sidewalk Alcohol Sales – Performa, working with the State of Tennessee Historical Commission is in the process of relocating all outdoor bars. In addition, Performa was granted the authority by the Memphis Health Department to regulate outdoor bars within the district.

Private Security – Private Security is in place to control or monitor access to minors to the Beale Street Historic District when alcohol is sold from outdoor stands. State law prohibits minors from loitering in places where alcohol is served. Performa is obligated under State Law to monitor minors within the district when outside bars are operating.

Risk Assessment

Sidewalk Alcohol Sales - The practice of selling alcoholic beverages from sidewalk stands has had some revenue generating benefits as well as negative consequences. There has been significant income derived from the sidewalk sales, but many clubs have reported a decline in their inside business.

There is a festive aspect to allowing sales and consumption of alcohol in public, but there are potential public safety and civil liability consequences associated with large crowds of intoxicated individuals in a small area. There are problems with litter, public urination and public defecation, not only on Beale Street, but in the downtown entertainment area. There are also some aesthetic concerns resulting from the set up of make shift stands, which detract from the historic nature of the area. Performa, in conjunction with the Beale Street business operators, has began to standardize outside bars and modify buildings to allow sales through openings.

There is an effort currently being made to remove the sidewalk stands and modify existing building structures to allow sales to be made through open windows onto the sidewalk. These modifications require State approval, due to the historic district status of Beale Street. It is anticipated that all sidewalk alcohol stands will be removed or relocated by January 2003, according to Performa management.

Street Closures - The success of the street closures, loud amplified music, sidewalk alcohol sales, open alcohol containers and extended hours of operation until 5 AM have improved the popularity and economic vitality of the area. However, the large crowd and traffic management demands have exceeded the ability of public safety officials to plan for and mitigate these issues. The potential for civil disorder and property damage is a valid concern.

Crowd Size - The crowd size and method of sales make it difficult to check identification or limit alcoholic beverages that are carried into or out of the area.

Limiting Access to Persons Over 21 Years Old - The practice of limiting access to the Beale Street area to only persons over 21 years of age and requiring that identification be presented, raises some issues of concern. Although the efforts to prevent minors from loitering in an area where alcohol is served are commendable, there are concerns about private security exceeding their legal authority. The issues are currently being reviewed by the City Attorney’s Office. The Police Department has instructed their officers to not check identification, or restrict access to anyone.

These procedures are somewhat inconsistent, in view of the fact that persons under 21 years of age, or even under 18 years, are allowed into the closed area to attend functions at the New Daisy Theater or to have dinner at the Hard Rock Cafe. This in effect creates a double standard and gives special privileges to one group, or business, while denying access to others. These practices have displaced minors to other adjacent areas in the downtown entertainment area, which creates an adverse impact in the neighboring vicintiy.

Civil Liability - Although these procedures have been successful in limiting the access of youths to the area, there is some potential for conflicts and litigation The risks to the property management companies, business owners and the City of Memphis should be evaluated.

Curfew – City curfew laws are seldom enforced, which has contributed to the large numbers of juveniles and minors in the downtown entertainment area late at night. The efforts to prevent persons under 21 years of age from entering the Beale Street Historic District have displaced those crowds to the perimeter and other outlying areas. Many of the youths engaged in cruising activities are juveniles or minors and their behaviors are subject to curfew laws.

Recommended Strategies

Limit Times of Alcohol Sales and Open Containers – Consideration should be given to increased limitations on the hours of sidewalk sales and possession of open alcohol. This would discourage the loitering of persons who are not legitimate customers and would encourage business back inside the clubs.

Open Streets - It would also be prudent to consider opening the streets earlier, which would further serve to displace unwanted persons and would facilitate law enforcement’s ability to deal with crowd management issues with fewer resources.

Limit Time of Outside Music - Outside music should be discontinued at the same time that sale and public consumption of alcohol are discontinued and the streets are opened. This would create consistency in management efforts to de-escalate the party atmosphere as nights come to a close. At times business operators have agreed to turn off outside music at a set time but violate their own agreements. Performa can, by lease agreement, prohibit outside music after a certain time, however they do not have a representative on the streets to enforce directives. Performa has given the Beale Street Security supervisor authority over outside music.

Relocate Alcohol Sales - Alternatives to sidewalk stands for alcohol sales should be explored. Relocation of outside sale of alcohol to Handy Park would be one method of consolidating these activities. Many business owners have expressed concerns about the litter, water from melting ice, the unprofessional appearance of some of the stands and the reduced number of patrons inside their premises.

Health Department Compliance - There are Health Department standards regulating the methods in which alcoholic beverages are served, including sanitation, type of beverage containers, refrigeration methods, etc. Some of these regulations are impractical or difficult to comply with because of the temporary nature of sidewalk operations. There is some interest by property owners and managers to limit outside alcohol sales to openings or windows contiguous to the physical structure of the building, which would make it easier to comply with Health Department requirements. Performa, working with the State of Tennessee Historical Commission, is in the process of relocating all outdoor bars. In addition, Performa was granted the authority by the Memphis Health Department to regulate outdoor bars within the district.

Enforce Curfew Laws - The non-enforcement of curfew laws can be the single most prevalent problem contributing to nightlife disorder issues associated with entertainment districts. Commitment of police resources and excessive time requirements are the usual explanation provided for not dealing with curfew violations.

It is recommended that the Memphis Police Department develop a comprehensive approach to address the curfew problem in the city, as it is one of the root causes of other public safety issues. Consideration should be given to developing a process of providing off-duty officers on an overtime basis to enforce curfew. Other agencies have used state grant funds designated for delinquency prevention to offset overtime costs. Interagency operations with probation officers can be very effective. An information campaign through the media and schools, as well as hand out materials to youths, can help with dissemination of information and establish behavioral expectations.

Many communities around the country have seen a rapid and dramatic decline in the number of youths on the streets at late hours without apparent business, when they have implemented strict curfew enforcement policies. These communities have also experienced a decline in crime rates and associated nightlife disorder issues when a firm curfew policy is enforced on a regular basis.

The City Attorney’s Office should review curfew laws in other jurisdictions to determine if the Memphis ordinance needs to be modified to meet current community standards and to improve enforcement and compliance. The present law is cumbersome with one time frame for persons under 16 years of age and another standard for persons under 18. One time period for persons under 18 years would be preferable.

Responsible Parties

Private Entities – Peabody Place, River City Management, Beale Street Merchants Association and other downtown entertainment area business operators are responsible for complying with state law and local ordinances relating to minors and juveniles. They are also responsible for insuring that their policies and procedures are legal and appropriate. They can play an active role is discouraging minors from loitering on or about their premises and diligently check personal identification prior to selling alcohol.

Police Department - The Police Department is responsible for the enforcement of laws, ordinances and crowd management operations related to both juveniles and adults. These include: Curfew, minors in possession of alcohol, false identification, public intoxication, littering, open alcohol outside closed area, disturbing the peace and other public safety issues. A proactive approach to maximize police contacts for these violations is necessary to obtain voluntary compliance and discourage violations.

Private Security - Private security is responsible for patrolling and protecting private property. They should act as the eyes and ears of the police, not to augment or replace them. The Police Department has relinquished some crowd management responsibilities to private security, which may not be a desirable practice. The coordination of private security operations needs to be examined.

City Attorney - The City Attorney’s Office is responsible for reviewing ordinances to insure that they meet judicial approval and are enforceable. The curfew and vending ordinances should be examined to insure that they meet contemporary standards and community needs.

Health Department - The Health Department is responsible for insuring that all applicable codes regulating sanitation are complied with and violations are promptly identified and corrected. Enforcement of existing regulations pertaining to outside alcohol sale should be consistent.

Code Enforcement - Code Enforcement is responsible for regulating sales and vending. Consideration should be given to conducting more frequent enforcement operations