commentary
Dealing diligently with dangerous people in Hillcrest
Published Thursday, 15-Feb-2007 in issue 999
Beyond the Briefs
by Robert DeKoven
Last week, I wrote that residents of Hillcrest, out of concern for their safety, may arm themselves. Given the fatal shooting at Extraordinary Desserts and the stabbing last week outside the CVS pharmacy, it’s no wonder that some feel their lives may be in danger when they walk the streets of District 3.
For several years I have written about the growing dangerous conditions in Hillcrest and Mission Hills. Leo Wilson of Uptown Planners has complained for years that there are too many liquor licensees in Hillcrest and Mission Hills. These businesses become magnets for the chronically homeless, who often panhandle near liquor stores and then use handouts to purchase alcohol. They get drunk and become aggressive.
Grocery store managers complain that they are legally required to have recycling centers on the premises. Recycling facilities attract not only recyclers, but those who collect cans and bottles as a means to purchase alcohol.
Some people lump these folks together using the term “homeless.” That’s not really fair. There are plenty of homeless in our midst who are law abiding and peace loving. That’s not who we are talking about. We’re concerned about folks in North Park, Hillcrest, University Heights and Mission Hills who are dangerous. They present a danger to others and a danger to themselves. They steal, harass, do drugs, drink alcohol to excess and commit violence against others for no reason. They are dangerous because they are prone to violence. They are often dependent upon drugs or alcohol. Some are also mentally ill, delusional and don’t take their medications. Some are parolees or are on probation for violent crimes.
These folks are responsible for most police calls in the area. A study conducted by the San Diego Police Department reported that 10 dangerous persons were responsible for $1.5 million in hospital costs last year.
“Laws mean nothing unless there are police to enforce them, and San Diego has a severe shortage of police. We must correct that now.”
The response to this problem has been predictable. Some take the sociological approach that the problem is rooted in joblessness and the government’s failure to provide adequate social services. Others argue that parolees need to stay in prison longer, completing their terms. Some argue that the mentally ill belong back in mental facilities where they can be monitored. Others want them shipped to other parts of the city or given tickets to other parts of the country. Some believe that the answer lies in passing more state laws.
The reality is that there are plenty of state laws that exist to deal with dangerous people. Laws mean nothing unless there are police to enforce them, and San Diego has a severe shortage of police. We must correct that now.
At the very least, the police, the residents of the community and businesses need to work cooperatively to make our community less desirable for dangerous individuals. Here’s what that involves:
Hillcrest is a magnet for people seeking access to cheap alcohol. But liquor licensees cannot sell alcohol to people who are unable to care for themselves and/or who could cause a safety risk to others. California Business & Professional Code sec. 25602 makes it a misdemeanor to sell alcoholic beverages to “any obviously intoxicated” person or “habitual or common drunkard.” If these businesses continue to make such sales, it will result in the revocation of a licensee’s license. To the extent alcohol licensees contribute to crime and blight in our area – by supplying alcohol or allowing intoxicated persons to congregate, loiter and sleep on their property – they are a nuisance to the community. The conduct causes a substantial interference with the use and enjoyment of our property. Penal Code sec. 373a makes it illegal to create a public nuisance.
Under the California Code of Civil Procedure sec. 731, the city attorney is empowered to take legal action to abate a public nuisance. City Attorney Mike Aguirre could abate this nuisance, for example, by strictly enforcing alcohol supply laws, revoking alcohol licenses or attaching conditions to property use.
Meanwhile, police may arrest and detain persons who, because of drug or alcohol addiction, are unable to care for themselves and for those whose illnesses present a risk of harm to themselves and to others.
Robert DeKoven is a professor at California Western School of Law.
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