Buena Park Law Is a Relief to Fearful Tenants

The older kids look out for the younger ones until dad comes home, but Theresa Leal still worries about them when she heads off to her afternoon job making plastic clothes hangers.

She suspects some of her neighbors dabble in drugs while other nearby residents may be dealing narcotics. And she frets constantly that one of her four children could fall victim to gang activity in the 9th Street neighborhood where she has lived for 11 years.

That’s why Leal supports the Buena Park City Council’s decision Tuesday to require landowners to evict tenants arrested on suspicion of drug crimes or gang-related activities. Following in the steps of Los Angeles, Buena Park is believed to be only the second city in California to resort to such drastic measures.

The decision drew howls of protest from civil libertarians and others who say the ordinance is unconstitutional and could be abused by law enforcement. But Leal, 45, offers this response: Try living in fear like me.

“It’s a good idea because there are many people in danger of the drugs and gangs,” Leal said as she emptied her trash into a dumpster Wednesday. “There are many people that are bad. They fight, shoot and hit each other. They affect the innocent people.”

The ordinance is likely to be challenged by those who say it is unconstitutional and overly broad because it targets suspects who have been arrested, and may indeed be innocent, rather than those who have been convicted. The American Civil Liberties Union of Southern California is considering whether it will file a lawsuit to block its enforcement.

“We are concerned that the ordinance appears to reverse the presumption of innocence,” said ACLU attorney Dan Tokaji. He said the ordinance is also troubling because under the new law, entire families could face eviction because of the illegal actions of just one member.

Police, however, have vowed to take such situations into consideration. They say the new law is not intended to harm law-abiding families, but to force out criminals.

But arguments over constitutional issues mean little in neighborhoods where residents are concerned for their safety, and on Thursday, they said the city’s newest crime fighting tool was welcome news.

Leal said enforcement of the new law will make her feel safe. Her husband works mornings, and she works afternoons, an arrangement that allows them to limit the amount of time their children are without a parent, but can also create a pocket of unsupervised time after mom leaves for work and before dad gets home. Leal can’t help but worry what their children--who range in age from 7 to 19--may be up to.

On the same block, resident Jose Linares, also worries about his children. The professional disc jockey, who works mostly during weekend parties, lives on 9th Street in an apartment with his 7-year-old daughter and 2-year-old son.

The owner works hard to keep the apartment building where Linares lives safe, neat and clean. But the same can’t be said for some of the nearby buildings that are too close for comfort. Linares, 46, suspects drug activity next door and says he has been awakened by noise from parties across the street where he believes gang members sometimes gather.

Until now, residents say they felt they had little choice but to put up with it all. They say the ordinance comes as a relief.

“I like my children to be able to go outside the home and have nothing happen,” he said.

The new law takes effect March 11. When someone is arrested on suspicion of using, selling or manufacturing drugs, or on suspicion of taking part in gang-related activities in the building or areas immediately next to it, police alert landowners. Within 10 days, landowners are required to start an eviction process or file an appeal opposing the order. The city manager will review appeals and determine when exceptions should be made.

The Buena Park Police Department expects four officers, two gang detectives, a sergeant and two part-time workers to make sure the law is enforced.

Many landowners, such as Bill Green, support the ordinance. Green, who owns a two-story apartment building on 8th Street that he has rented out for more than 25 years, said it will force lazy landowners to take responsibility for criminals who live on their property. It will also assist landowners who would like to evict tenants, but have been too fearful of retaliation.

“A landlord that has trepidation about evicting a gang member because of retaliation now has someone to blame,” said Green. “He can say, ‘The city is making me do it.’ ”