Last week, I wrote about the problem of dog-nappings in and around Hillcrest and Mission Hills. A number of people told me that the real problem around the area has been the increase in the numbers of homeless and related crimes. I’m writing about a problem that used to plague downtown San Diego, but, with the new ballpark and the displacement of chronic drunks, this has become Hillcrest’s problem.

To be clear, it’s not just “homeless” people. It’s primarily homeless men who are under the influence of alcohol or drugs. While some are peaceful, some are so aggressive in panhandling that their conduct amounts to stalking and assault. Some people complain that they don’t want to walk around Hillcrest for fear of being targeted by one of the “regulars.” Some businesses have restraining orders against some of these men.

The local business improvement district spends $40,000 a year to employ private security guards to monitor the area, but some say that’s not enough. Some business owners have had it; some plan on relocating elsewhere.

Homeowners, who have paid on average $600,000 for a condo, have reported that they often find people sleeping in alleys in pools of urine and feces.

To the extent that the problem has caused a decrease in business revenues and property values, this is certainly a problem that the cash-strapped city should be taking seriously.

Police officers complain that there’s not much they can do. It’s not illegal to be homeless, nor is it illegal to panhandle. Arresting people for trespassing or being drunk in public are minor infractions, and they don’t want to clog jails with drunks.

In terms of the criminal law, panhandlers who repeatedly ask or demand money, and place their victims in fear, are not engaged in “panhandling.” It’s called “stalking.” While the crime is typically associated with celebrities, the intent of the law is to deal with those who are savvy enough to avoid criminal charges on other claims. Prosecutors have used it in a variety of situations, including in cases of high school bullies who regularly harass gay kids in school.

Stalking is a serious felony and that alone justifies arresting, detaining and prosecuting those engaged in it.

California law also allows police and mental health authorities to arrest and detain individuals who, because of being under the constant influence of alcohol or drugs, are unable to care for themselves. If these people present a risk of harm to themselves or others, judges can have them detained until they sober up.

OK, so getting some of these people off the streets is a start. But during hearings before the City Planning Commission, leaders from our local citizens patrol claim that the real problem is the sale of alcohol in Hillcrest. They specifically point to retail sales of alcohol by liquor stores (and stores selling liquor).

Hillcrest has more liquor licenses than it should have. With the proliferation of liquor sales in the area, we have seen an increase not just in homelessness, but a significant increase in dangerous behavior by those who are drunk and abusive.

First, the Planning Commission, the City Council and the city attorney had better put a moratorium on liquor licenses in areas like Hillcrest, which are over-saturated with liquor sales.

It is interesting to note that some liquor proprietors claim that they can’t discriminate in the sale of alcohol. That’s false. Persons who are drunk and represent a danger to themselves and others are not a suspect class for anti-bias law.

Furthermore, California’s Business and Professions Code makes it illegal for liquor licensee to sell alcohol to persons who are unable to care for themselves and who could cause a safety risk to others.

The city attorney has an arsenal of remedies he can use to address this crime problem in Hillcrest, Mission Hills and North Park.

First, if a business is operating a nuisance, such as selling alcohol to minors or to persons who are drunk, the city attorney can have the business closed down as a nuisance.

Secondly, short of closing down a business, the city attorney can require the business to abide by certain conditions: a) limiting the hours when alcohol sales can occur; b) requiring the business to have security; c) making the business pay for clean-up of liquor bottles; and d) assessing the business fines, penalties and costs associated with the nuisances caused by the business.

If you are frustrated by habitual drunks harassing you in Hillcrest, I would urge you to contact Police Chief Lansdowne and City Attorney Mike Aguirre, and ask that the zoning and code compliance division investigate those businesses that are selling alcohol.