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By DAPHNE HUTCHINSON
Rappahannock New* Staff Writer
Faced with the possibility of court challenges on constitutional grounds, the Rappahannock supervisors on Monday tabled action on a proposed loitering ordinance designed to combat harassment from idlers in Sperryville.
Commonwealth attorney Douglas Baumgardner, who drafted the proposed ordinance at the request of the supervisors, noted that Virginia’s General Assembly allows passage of loitering legislation as a local option. "But you should be aware of the fact that there is potential for court action,” he advised the board.
"That's possible on all laws,” replied H. B. Wood.
With loitering laws, the potential for challenge is greater, Baumgardner explained, because Virginia courts have not yet ruled on the constitutional issues raised by such legislation. He added that several jurisdictions have passed ordinances similar to that proposed in Rappahannock and then chose not to enforce the loitering laws.
“Some loitering is part of local culture,” maintained supervisor chairman E. P. Luke, as an example, he pointed to the old men who
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