He said he will introduce House Bill 17-142 to repeal the law that prohibits loitering outside business establishments or a public thoroughfare to lure, entice, or solicit for commercial gain.
The prohibited conduct includes “attempting more than once, to stop a person by shouting, loudly calling, or beckoning to a person to lure, entice a person; attempting to stop a person by physically touching or grabbing and handing out fliers or handbills regarding a commercial enterprise whether for legal or illegal.”
Violation is punishable by a fine of not more than $1,000 and by imprisonment of not more than 30 days.
According to H.B. 17-142, the solicitation prohibited by the anti-loitering law “is allowed to take place in private malls, shopping center giving some merchants unfair competitive advantage.”
It added that “aggressive solicitation involving shouting loudly and touching or grabbing a person is adequately covered by other criminal law relating to disturbing the peace and assault.”
The anti-loitering law only discourages business and should be repealed, Demapan’s bill said.
Juan M. Cabrera, a consultant of American Saigreen Company, which runs a chain of restaurants, beauty and massage parlors in the Garapan tourist district, said H.B. 17-142 will address the legitimate concerns of businesses in the area.
He said police officers go after those who distribute flyers to pedestrians in Garapan.
Variety learned that on Dec. 16, two women who handed Japanese tourists flyers regarding massage services were apprehended inside a restaurant on Hotel Road in central Garapan.
The two women, Variety was told, were suspected to have been offering sex to the tourists.
But Cabrera said this was not always the case and the action of the police officers was unconstitutional.
He noted that prostitution remains rampant in Garapan.
There are places outside the tourist district where women distribute flyers that offer sex, he added.
He said these are never caught because the flyers are always written in Japanese characters.
His concern, Cabrera said, is that the anti-loitering law is enforced only in certain areas where legitimate businesses are being adversely affected.
