The Sacramento City Attorney’s Office cautioned a chain retail store that it might be subject to a public nuisance charge because of the numerous calls made to the police regarding repeated thefts at its Land Park store location.

According to an unnamed source familiar with the matter, who requested anonymity for fear of reprisal, officials from the Sacramento City Attorney’s Office reportedly warned the Target store at 2505 Riverside Blvd. within the last year about potential administrative fines. A spokesperson from the Sacramento Police Department confirmed the location in question, which has drawn significant concern from residents of Land Park due to frequent criminal incidents.

The purported warning from Sacramento city officials, along with similar incidents in other cities across California, has prompted lawmakers to propose an amendment to a retail theft bill. This proposed amendment seeks to prohibit authorities from threatening legal action against businesses for reporting crimes, a practice that has faced strong criticism from law enforcement.

(Source: Adapted from The Sacramento Bee)

“I was also surprised that anyone would ever attempt to make a nuisance case out of somebody calling to report a legitimate crime,” stated Alexander Gammelgard, president of the California Police Chiefs Association, during his testimony in December at the Assembly’s inaugural retail theft committee meeting. “I don’t think there is a place for that.”

Tim Swanson, a spokesperson for the city of Sacramento, stated via email that the City Attorney’s Office and the Sacramento Police Department were not aware of any threats of litigation. It remains unclear why City Attorney Susana Alcala Wood’s office would allegedly issue such a warning to any business seeking police assistance. Swanson did not respond to multiple interview requests made to the City Attorney’s Office over the course of approximately one week.

Clark Kelso, a professor of law at the University of the Pacific’s McGeorge School of Law, asserted that city attorneys have the legal authority to pursue a public nuisance charge against businesses where owners are aware that the property poses a danger.

However, legal experts have pointed out that it is uncertain whether the law permits a public nuisance charge when theft occurs at a store. They argue that the retailer, in such cases, is a victim and may genuinely seek assistance when dealing with shoplifters. The reported warnings issued by city officials across California could potentially influence how crime data is reported, as businesses weigh the possibility of legal repercussions for reporting incidents of retail theft. This issue has sparked intense debate within the state, with lawmakers expressing concerns about the reliability of crime data and its impact on legislative decisions.

Blake Randol, a criminal justice professor at California State University, Stanislaus, expressed concern over the situation, highlighting that the intent behind pursuing such actions is typically to prevent individuals or entities from causing disorder. He emphasized that a city’s role is to assist residents, and issuing a public nuisance charge could potentially discourage businesses from reporting incidents. Randol also acknowledged that city officials might issue warnings with the aim of reducing reported crime statistics.

“The issue here is that Target’s concerns are legitimate crime concerns,” Randol stated. “The city has a duty to be more responsive to the public and address demands for crime control.”

Target’s location at Riverside and Broadway has faced criticism from the neighborhood association due to ongoing criminal activity. Members of the Land Park Community Association have documented instances of crime, as reported by Channel 13, the Sacramento CBS affiliate. Kristina Rogers, president of the association, also voiced concerns in the report about how crime affecting the business spills over into the neighborhood.

The offenses reported by local TV stations prompted City Councilman Rick Jennings II, along with the City Attorney’s Office and Sacramento Police Department, to arrange a meeting with Target and develop a specific safety plan aimed at reducing incidents. Internal communications obtained via a Public Records Act request by The Sacramento Bee revealed these efforts.

Former Target governmental affairs director Alex Garcia expressed a desire to showcase the progress made in addressing recent concerns highlighted in the news. The communications detailed a collaborative effort to implement a “Crime Prevention Through Environmental Design” plan. This plan included measures such as installing alarms, cameras, and security personnel, as well as enhancing lighting, landscaping, and wayfinding elements.

During the meeting, city officials reportedly discussed their concerns with Target, which acknowledged issues and pledged improvements. However, specifics on the concerns raised were not clarified by Jasleen Escobar, director of constituent affairs and engagement, despite multiple requests for comment. Target also did not respond to queries regarding the alleged warnings or city officials’ concerns.

Kristina Rogers, president of the Land Park Community Association, expressed satisfaction that the city and Target were cooperating to address theft and crime within the store and surrounding areas.

The number of service calls related to theft, robbery, and shoplifting at Sacramento’s three Target locations notably increased in 2023, as analyzed by The Bee. Although most calls did not lead to crime reports, citations, or arrests, these actions increased compared to previous years. This rise in incidents has fueled legislative discussions, including Assembly Bill 2943, aimed at protecting retailers reporting crimes without fear of reprisal.