Fuels

City to Require Gas Stations to Close From Midnight to 5 a.m.

Emotional council meeting leaves little recourse for retailers
Hammond Indiana
Photograph: Shutterstock

Emotions—sadness, despair and exasperation among them—were raw as City Council members in Hammond, Indiana, debated an ordinance on Tuesday that would force the closure of all gasoline stations in the city from the hours of midnight to 5 a.m.

With state motor fuel taxes a full 11 cents less per gallon than neighboring Illinois, Hammond is a frequent fueling stop for motorist entering Indiana from the west. During the past four years, however, the city has seen a marked increase in violent crime. USA Today, citing FBI data, reported violent crimes increased from 315 reported cases in 2019 to 590 in 2021.

Mayor Thomas McDermott Jr., meanwhile, said during Tuesday’s council meeting that city data shows more than 1,800 calls to police from 2019 through present day at gas stations that are open 24 hours.

“They don’t care. They’re selling beef jerky 20 minutes after someone gets shot.”

Details of those crimes arose from time to time throughout the two-hour meeting: the 22-year-old shot in June, a 35-year-old killed by gun shots in July, and the couple shot in their car earlier this month.

“We’ve had four murders in three months,” said gas station owner Jim Witham during public comment, eager to point out that the violence doesn’t always happen during early morning hour or at gas stations. “The last murder was across the street from a playground where kids play.”

Supporting Security

McDermott, a proponent of limited gas-station hours, alternately spoke passionately and flippantly about the issue, pointing to systems the city has in place to help police keep an eye on business and homes across the city.

“How many more people have to get shot before we do something about this? … There is a system that allows for gas stations that make sense to remain open 24 hours. Things that we can get them to do [include] connecting to the FUSIS system in the police department,” he said, referencing the system that allows police to tap into security cameras in businesses. “Hardly any of the gas stations are signed on to our system. Why? Because we’ve got no pull. They don’t care. They’re selling beef jerky 20 minutes after someone gets shot.”

The measure was approved by a vote of 7-2, the two dissenters preferring to find some middle ground that would allow retailers to join FUSIS or make other security improvements to avoid losing the five hours of operation. Instead, the new law works the other way around. It will require the 37 gas stations in the city to close at midnight, with an opportunity to apply for an exception to the law; exceptions to be allowed based on a variety of factors, including location, lighting, security cameras and participation in FUSIS, in addition to history and standing within the city.

We’ve talked a lot about regulating hours, but part of what we’re saying is that we want ways to hold gas stations accountable,” said Councilman Barry Tyler, who voted against the measure. “I think that there’s ways to do that without impacting the hours.”

Operator Opinion

For their part, gas-station operators attending the council meeting generally presented an “it’s not fair” defense.

“If you can’t stay open, but the guy across the street can, is that really fair?” asked one c-store operator who identified himself only as Sonny.

Witham added, “This [ordinance] was pushed without input [from operators]. … We’re interested in making this place safe, but with this law, you’re going to lose 30 jobs permanently.”

Barring a legal challenge, the law will go into effect Nov. 1. And McDermott is prepared for that eventuality.  

“I’ve heard a lot of people tell me, ‘We’re going to get sued, mayor,’ ” he said. “We may get sued. But we’re going to win if we get sued. … and if we don’t win, if you want to hang that over my head, that Mayor McDermott tried to shut down the gas stations to save the city’s crime rate, and he lost. Hang it on me. I don’t care.”

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