When COVID-19 resulted in people staying home from work and school, many Americans suddenly had more time for their hobbies.
For people whose hobby is racing cars, COVID-19 came with a perk – area freeways became clear of congestion.
More time to work on your muscle car? Less cars to slow you down on the freeway? “Let’s race,” was the answer many in Aurora had to the COVID-19 doldrums.
But the racing became dangerous, so on Monday the council will address it. Aurora is considering an ordinance that would crack down on the street racers.
“Adopting the proposed vehicular public nuisances ordinance will provide the Aurora Police Department with a tool to help abate the public safety threat and nuisance of illegal street racing and roadway takeovers,” city staff explained in a memo to council. “The purpose is not to punish, but to remedy vehicular public nuisances. The abatement of vehicular public nuisances for the protection of public health, safety, and welfare is a matter of local concern.”
Responding to the illegal street racing activity “will require a collaborative effort by law enforcement, judicial system, legislators, and the community,” according to police. “This partnership is a core tenant of community-oriented policing.”
In 2019, citizens reported 66 incidents with a link to illegal street racing. In 2020, that number increased to 1,588. The projection for 2021 is more than 2,000 calls.
“Traffic fatalities in Aurora set a new record in 2020 with 36,” according to a staff report by the police department. “While street racing cannot be directly attributed to these fatalities, we do know speed was a factor in at least 10 fatalities. This does not include 672 additional crashes involving injury where often times speed and or dangerous driving is a contributing factor.”
Road takeovers endanger hundreds
Aurora street racers have been bold about their racing, deliberately taking over entire stretches of roadway. “In the past year, the City of Aurora has experienced many intersection, highway, and private property takeovers presenting a threat to public safety,” police explain in a staff report. “The highway I-225 incident received national media attention. Many incidents occur while trespassing on private property in the warehouse districts and cost the property owners and management companies tens of thousands of dollars in surface damage.
“There are also significant costs in purchasing surveillance systems, the construction of fencing and controlled access points, and the hiring of private security or police (secondary employment) to protect properties from trespassing and damage.”
Police consider the so-called takeovers to be “wanton and illegal activity,” adding, “They instruct their followers to hold fast when the police arrive stating the police are powerless to stop them. Notice the surface damage, large and powerful fireworks, and the proximity of bystanders and participants to the vehicles in motion and the exploding fireworks,” police explain of a picture of one of the so-called takeovers.
In another picture, a man is shown pointing a gun at someone with a video camera. Police said they later found five shell casings in the parking lot at 1910 Gun Club Road. “Upon scientific analysis, several were associated to a firearm utilized in other metro area crimes,” police reported. “This individual has yet to be identified.”
Street racers brazen, bold
The street racers can be very bold. They rebelled when Aurora Police began cracking down on their antics. That’s what the Interstate 225 takeover was – a protest. “Motive was retaliation for street racing enforcement where he was contacted multiple times by law enforcement and cited,” police reported. “Hundreds of innocent citizens were caught in a helpless situation with no way out. Over 40 victims were identified, contacted and interviewed by investigators through a rigorous investigation.”
Police said the victims were “falsely imprisoned” on the highway. “Police, fire, and EMS personnel’s ability to quickly respond to calls for service and medical emergencies were jeopardized as the highway was shut down and backed up for miles,” police reported. “Victims stated they were both scared and angry for being subjected to what was described as selfish, reckless and dangerous behavior. They witnessed firearms being brandished and powerful fireworks being ignited near people and vehicles.”
One problem Aurora police have in enforcing a crackdown on the racers is the department’s policy not to pursue motorists who try to elude them. “Instances of eluding are increasing and being reported via police radio weekly and sometimes can be heard daily,” according to police. “In April 2021, during a law force enforcement operation for a planned street racing event, two motorcycles and one car from a street racing group eluded officers attempting to stop perpetrators and cite violations.”
Law would allow restraining orders
The ordinance gives police a way to cite “any motor vehicle used to commit, conduct, promote, facilitate or aid in the commission of street racing illegal activity.” Evidence of a vehicular public nuisance shall include, but not be limited to, evidence that the motor vehicle was engaged in one or more of the following street racing-related illegal activities: Careless driving, eluding, or attempting to elude a police officer, injury to property, minimum speed regulations, obstructing highways or other passageways, reckless driving, speed contests and exhibitions, street racing and trespassing.
The regulations allow police to get temporary restraining orders on nuisance vehicles. “The court shall issue an ex parte temporary restraining order for the detention of closure of motor vehicles and restrained persons as to motor vehicles,” police explain in the staff report. “The Aurora Police Department shall be ordered to detain and close the motor vehicles using any reasonable force necessary, and to place the same in police custody in the constructive custody of the court, until further order by the court.”
The law also gives police other powers. “All persons shall be restrained from removing, concealing, damaging, destroying, or selling, giving away, encumbering or transferring any interest in the motor vehicle, or using the motor vehicle for a bond,” according to the police report.
“Persons holding a legal or equitable interest of right of possession in the motor vehicle shall be ordered to take all reasonable steps to abate the vehicular public nuisance and safeguard the motor vehicle.”