The City Council passed the ordinance unanimously in a public hearing that offered both drama and comedy. A protest group called "Re-Create '68 Alliance" was present; its leader, Glenn Spagnuolo, said, "The intent of this ordinance is to try to smear protesters." He denied that the group intends to engage in "gross conduct."
Those who remember the 1968 Democratic Convention in Chicago recall that some instances of feces-throwing or dumping from high windows were reported at the time. What, exactly, the Alliance plans to re-create about that convention is unclear.
The ordinance makes it illegal to carry chains, padlocks, carabiners, and several other devices; and it prohibits possession of noxious substances, of which the two most cited examples are urine and a "feces bomb." In order to prosecute, police would have to prove intent to block public access or emergency equipment, or to thwart crowd control measures.
Safety Manager Al LaCabe said the law would apply when the named items are used "in a disruptive way." He said that officers must consider "the totality of the circumstances ... Our intent for this bill is not about suppressing or chilling First Amendment rights."
Councilman Doug Linkhart, who had been quoted in a New York Post article as saying he had learned of a home being used to store urine [2], was lambasted by Spagnuolo. "The only feces that I'm concern about is the [expletive] that comes out of his mouth." Committee members jumped to Linkhart's defense, noting that he had been the one to request the public hearing.
After the hearing, Linkhart was asked whether, in view of the reaction he received, he regretted asking for the hearing. "I'd do it again," he said, noting however that some of the protesters' concerns were valid.