Maryland Community Doesn't Want Bail Bonds Business

For some, bail bonds are a necessary life line that allows a loved one to access freedom while awaiting trial. For others, it is a business opportunity and chance to participate in the legal system. For Katia Hamilton, being a bail bondsman represents the American Dream.

Ms. Hamilton views her bail bonds aspirations as a legal and ethical way to provide an invaluable service to Waverly residents, much needed jobs for the local community and an income for her family.

However, a number of Waverly residents, in addition to some local politicians, are fighting to prevent Katia Hamilton from operating her First Response Bail Bonds in the city. They call it a predatory business and attempting to use zoning laws to prevent Hamilton from locating the business in Waverly.

“I’m doing the right thing but I feel like I’m under attack,” Hamilton said.

At the center of the issue is Waverly Councilwoman Mary Pat Clarke. She fought to appeal a city move that issued First Response an occupancy permit to the Planning and Zoning Commission. The City Councilwoman along with comunity groups and local Waverly businesses went as far as to hire attorney Fred Lauer to represent their cause.

The group opposed to Hamilton's business argued to the commission that a bail bonds agency is detrimental and counter productive to the community. They cited recent violent crime and bad publicity for the Waverly business district along Greenmount Avenue, where Hamilton intends to open a storefront.

They likened bail bonds agencies to other undesirable businesses such as pawn shops and adult bookstores. They further argued that desirable businesses on the other hand are leaving the area and adding a bail bonds business will further cause blight.

To complicate the issue, the Waverly business area is part of a broader urban renewal plan that delineates what types of business are permitted. For example, Waverly’s renewal plan explicitly prohibits such businesses as bars, massage parlors and those focused on rabbit and poultry butchering. However, the plan doesn’t specifically address or preclude bail bond agencies.

The opposition group's attorney also argued before the Planning and Zoning Commission that the Baltimore City Council passed legislation in the spring which did include the prohibition of bail bonds agencies under Waverly's urban renewal plan. He cited case law from the Court of Appeals in 2009—in Layton vs. Howard County— which found that if a law is passed while an issue is still going through the legal process, the law takes precedent.

Based on the testimony during the meeting, Planning and Zoning Commission members were decided to delay a decision pending more research and deliberation.