Santa Monica Chamber Urges Citizen’s Arrests to Curb Panhandling

The Santa Monica Chamber of Commerce has advised residents to make citizen’s arrests of people who panhandle or commit other misdemeanors.

The chamber said the campaign was prompted by the city’s inaction in controlling troublesome vagrants.

More than 10,000 brochures, entitled “A Guide to a Safer Community,” have been published, offering instructions on how to make a citizen’s arrest for such crimes as panhandling, trespassing and “lodging without permission on private property.”

Chamber President Vince Muselli said the brochure’s purpose is mainly informative.

“There’s been a lot of confusion on what people can do when they see these violations. So this is an educational tool to teach people what they can do,” Muselli said.

“We hope that the awareness will help people stop giving to panhandlers and hopefully (bring about) a decrease in this kind of activity, and we would hope the city government would help us in this activity.”

City Atty. Robert M. Myers, who refused to comment on the chamber’s brochure, in the past has decided not to prosecute homeless people charged with misdemeanors such as panhandling unless violence was involved.

“We’re confronted with many violations of law, some that we do not prosecute,” Myers said. As for those asking for what he called “charitable assistance,” he said, “We do not believe that offense is appropriate (for prosecution).”

Standing next to the senior center in Palisades Park near Ocean and Broadway, a homeless person, identifying himself only as Mike, said that attempts made by citizens to arrest the homeless could result in violence.

“You don’t exactly have first-class people out here. You see knives all the time,” he said. “They are going to get somebody hurt. Besides, it (the case) would get thrown out in court, because it would be one man’s word against the other’s.”

Mike, 25, who has lived in an abandoned building in Santa Monica since arriving from Oklahoma early this month, said panhandling is a better alternative for the homeless.

“Would the Chamber of Commerce rather have people break into businesses here to get money or have them panhandling? These alcoholics here need (money). If they have to, they’ll break in to get it.”

Written with the assistance of the Police Department, the chamber brochure is careful to warn citizens to approach suspects only when escorted by police. It advises them to “keep the suspect under observation until police arrive,” inform police of the alleged crime they witnessed and mention that they wish to make a citizen’s arrest. It also suggests that citizens be ready to testify in court against the suspect.

Muselli said that business people in Santa Monica complain that panhandlers have discouraged shoppers, and that employees worry about being approached as they go to and from work. He criticized the city for not doing enough to prosecute panhandlers and other troublesome vagrants in town.

“We think the Police Department has been cooperative, but the City Council and other parts of city government have not addressed the issue as strongly as a lot of citizens would like to have dealt with it,” Muselli said.

He described the campaign as “a reaction to a need. There’s a need for the issue to be dealt with. We would hope the city would deal with it, which is to enforce the law.” Muselli denied that the campaign was aimed at the city’s homeless.

“The homeless per se are not the ones creating the problem here. It’s the panhandling vagrants. Nobody in the business community has a problem understanding the plight of the homeless. A lot of the business community supports a lot of these organizations that aid the homeless.”

But Santa Monica Mayor Christine E. Reed said that citizen’s arrests could help reduce what she called the “gross and disgusting” behavior of some homeless people.

“You don’t see them peeing against a tree or panhandling in front of a policeman . . . they do it when citizens are around,” she said. “It’s very hard for the police to catch them in the act because the acts they perpetrate are against the citizens in the community and not the officers. Maybe we will get some prosecutions on these people who have harassing and intimidating behavior.”

Police Chief James Keane said citizen’s arrests are common in town, performed mostly by private security people or store owners on shoplifters, and such arrests aid police in taking violators into custody.

“It’s pretty hard for an officer to make an arrest for panhandling. They’re not going to ask an officer (for money),” Keane said.

“We believe it’s valid. We are required by law to accept (citizen’s arrests) if they are valid on their face. It’s a common-sense thing for the officer (to decide) what the person saying to us probably did happen.”

The city’s 500 to 1,000 homeless are found mostly in Palisades Park, Lincoln Park and parts of Wilshire Boulevard, Keane said. On average, police arrest 5 to 10 homeless people each day on various charges, but he said he has not yet heard of a citizen’s arrest made on a panhandler or homeless person.

Arrests of the homeless are mostly for panhandling, drunkenness or sleeping in a city park between midnight and 5 a.m., Keane said.

Those arrested by police are taken to the City Jail. If they are unable to post bail, it is then up to the city attorney to decide whether to prosecute. Police said they would follow a similar procedure with arrests by citizens.