AURORA HIGGINSON/Arizona Daily Wildcat Economics junior Oliver Correa stands next to the red tag he received on Dec. 20. Correa claims that he was not being loud or unruly when he was given the red tag.

The dreaded red tag.

A red piece of paper, approximately 12-by-12 inches, that police post on the front of your house in visible sight to the street that brands residents as criminals for 180 days.

This piece of paper is a citation given to the residents of the house hosting an "unruly gathering," and it must be posted for 180 days.

An unruly gathering, as specified by law, is "a gathering of five or more persons on any private property ... in a manner which causes a disturbance of the quiet enjoyment of private or public property by any person or persons."

The law, section 16-32 Unruly Gatherings, specifies that these disturbances include excessive noise or traffic, obstruction of public streets by crowds or vehicles, drinking in public, serving to or consuming alcohol by minors, fighting, disturbing the peace and littering.

Many people have fallen victim to the red tag by violating one or more of these regulations set forth by Tucson law.

Red tags are a city ordinance and can only be given in the city of Tucson, said Sgt. Kerry Fuller of the Tucson Police Department.

However, the University of Arizona Police Department cannot issue red tags and does not enforce them, said Officer Chris Scheopner, with UAPD.

UAPD does not deal with city ordinances. If there were a violation, UAPD would contact TPD, said Scheopner.

If a fraternity or sorority has a party, UAPD can present it to the Dean of Student's Office and talk about their charter but still does not enforce the red tag, said Scheopner.

Red tags are given to anyone in violation of the ordinance, but on average, young adults get the majority of them, said Philip Sallee, communication resource officer with TPD's midtown substation.

Dave Freeman, a UA graduate, lives in Phoenix but owns property in Tucson and feels that the red tag is "unconstitutional" and violates people's civil liberties.

Freeman and one of his tenants held a party for a friend's 23rd birthday. There were about 20 or 30 people in attendance and no underage drinking, Freeman said.

"I became aware of the cops' presence when I saw an officer in my backyard," Freeman said.

Freeman spoke with police and told them he would be more than happy to turn off the music out of respect for his neighbors, but the police were not satisfied with that offer. The police then made everyone leave and gave the tenant a ticket and posted a red tag on the front of the house.

Freeman and his tenant have a court date set to contest the citation on Feb. 15.

Anyone who receives a red tag does have the right to contest it in court, Sallee said.

Some red tags do get overturned. Only about 10 have been overturned since November, and 82 were given out, said Sallee.

In order for police to place a red tag, there must be a noise complaint made, said Sallee. Callers do not have to identify themselves when they call police but most do.

"When students are in town, red tags go up, and when they're not here they go down," said Sallee. "Over Christmas break, December 18 to January 12, a total of 12 red tags were given in the mid-town area; only three were by the UA campus."

Adam Brenner, a philosophy senior, said that there was no call made to police about his party for which he was red tagged.

Brenner lives at NorthPointe Apartments, 850 E. Wetmore Road, and was partying at his apartment with all of his neighbors when off-duty police officers wandering the complex came up and spoke with him about the party.

There was no red tag given to him that night, but two days later police came by and gave him and his roommates tickets and a red tag for the party, Brenner said.

"Even my roommate who wasn't there at the party got a ticket," Brenner said.

"All of the people engaged in unruly gathering get cited," said TPD Lt. Mike Pryor.

A roommate who wasn't present may get cited but can contest it in court and give his or her side of the story, and the judge will then decide if he or she deserves the ticket, said Sallee.

Brenner's red tag and tickets were overturned because his case did not meet the "legal definition of an unruly gathering," said Sallee.

Another problem students have with the red tag is the amount of people that constitutes an unruly gathering.

Oliver Correa, an economics junior, received a red tag and a $320 fine for a party he threw.

Correa lives with three other people in a four-bedroom apartment at Entrada Real Apartments, 1 W. University Blvd. If he and his roommates have even one person over and get a noise complaint, they are in danger of getting a $500 fine.

"Red tags are completely ridiculous," said Correa.

According to the law, after a person is cited and given a red tag, if they are responsible for a second violation, they are given a minimum mandatory fine of $500. In the event of a third violation, a minimum mandatory fine of $1,000 is given. In the case of a fourth, and anything after, a minimum mandatory fine of $1,500 is given for each violation.

Any person who is attending a party where there is already a red tag posted can also be cited and be responsible for fines, said

Pryor. The owner of the property can also be cited.

"Demanding that your neighbors conduct everything in absolute silence is just as intrusive on people who want to get together as noise is on someone who wants quiet," said Freeman.

Freeman has contacted the American Civil Liberties Union about red tags and said he thinks they should be abolished.

The ACLU is in litigation in federal court to deem red tags unconstitutional.