2012-02-16 / Editorials

Panhandling not prohibited at shopping centers

Guest opinion
By Sheriff Geoff Dean
Special to the Acorn


Geoff Dean Geoff Dean California’s trespassing laws are some of the most complex on the books.

In the state’s penal code, there are dozens of individual statutes that address many different trespassing-related issues ranging from private residences to motels, schools, hospitals and private businesses.

Absent from the trespassing statutes? Laws addressing trespassing on the grounds of shopping centers.

In the eyes of the law, and several court decisions, shopping centers open to the general public are considered gathering places for the community, very similar to an old town square, where people can meet and interact.

With very few exceptions, unless a person is committing a violation of another law or interfering with lawful business, they are permitted to move freely on shopping center property.

What about panhandling? With the economic slowdown we have seen an increase in the number of people in our community solicitwhere ing funds for themselves or charitable organiza- tions.

While there are no state laws prohibit- ing the solicitation of funds, many communities have local ordinances that prohibit aggressive panhandling.

Deputies continue to respond to these calls and enforce ordinances they legally apply whenever such situations occur. However, nonaggressive panhandling generally is not unlawful and can therefore be conducted on the property of shopping centers as long as it does not interfere with business on the property.

In Mr. Lee Pappas’ situation (letters, Acorn, Feb. 2), deputies and legal staff have met with him on multiple occasions over the past two years and listened to his concerns, which involve passive, nonaggressive panhandling on the grounds of shopping centers.

Each case was evaluated on its own merits and my staff, working closely with the district attorney’s office and Thousand Oaks city attorney’s office, rightfully concluded no criminal conduct had occurred.

Our analysis of the situation was thoroughly explained to Mr. Pappas in person and in writing.

Law enforcement’s role is to enforce the laws put before us by our legislative bodies. It is not law enforcement’s role, and should never be, to take the interpretation and application of the law into our own hands.

We will continue to lawfully enforce all applicable laws and aggressively work to keep our communities some of the safest in the nation while striving to ensure we do not impinge on the constitutional guarantees we are sworn to protect.

Dean is the sheriff of Ventura County.

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