Under the direction of Cottonwood Police Department Chief Steve Gesell, patrol officers are receiving a new directive: As part of the Safe Shopper program, they will be contacting business or private properties owners that have experienced frequent police responses or concerns regarding safety.
Gesell said that it is not new for business and property owners to give the police department authority to trespass violators from their premises. What is new, however, is the police department actively reaching out to business and property owners to offer a contract granting such authority.
“It’s a more efficient way of assuring these public spaces that are privately owned remain safe,” Gesell said, adding that though such areas are already patrolled, without an agreement officers are forced to consult with business and property owners prior to taking punitive action.
According to Gesell, the most common behaviors triggering a police response are loitering and solicitation.
“When observed, violators can be contacted by officers and subsequently trespassed from the owner’s property,” stated CPD Sgt. Tod Moore via press release March 25. “In such incidents an arrest for trespass generally would not occur unless there is a second violation. The owner/designee authorizes the Cottonwood Police Department authority to trespass persons engaging in business solicitation or solicitation for money or other goods on private property without the express written consent of the owner, to include panhandling, hand bills and/or providing a service.”
CPD Patrol Cmdr. Jody Makuch, who is spearheading the Safe Shopper effort, added that many commercial properties do not have a “capable guardian.” Offering the owners and managers a more effective method to patrol their properties helps fill in gaps in security.
Both Gesell and Makuch noted the importance of preserving potential violators’ First Amendment rights to free speech. Panhandling is legal in the state. At the same time, Gesell explained, many panhandlers are either engaging in fraud — “80 to 90 percent, absolutely,” are not homeless or in the condition they claim, according to the chief — or engaging in aggressive solicitation. Individuals engaged in panhandling, particularly those with substance abuse problems, are more likely than the average citizen to commit a significant crime.
Though sensitive to the wages of mental health and substance abuse issues and how these influence homelessness, Gesell said that the police force “should not be enabling destructive behavior” but encouraging safety, ensuring public trust and providing resources to individuals who need assistance. Gesell has encouraged his officers to establish and maintain contact with individuals who engage in activities typically associated with homelessness.
“Their mission is to contact, respecting people’s First Amendment rights,” Gesell said. “In the case of defrauding, they need to know we’re paying attention …. As to worries that we’re criminalizing homelessness, it’s absolutely not the case. We’re decoupling the panhandling issue from homelessness.”
Gesell added that there are people who actually suffer from homelessness and other resource deficiencies — people who will benefit from “a balanced approach” wherein the police force works hand in hand with social services organizations, introducing at-risk individuals to assistance. Some such individuals are resistant to case management. A few, Gesell lamented, will fall through the cracks, hopefully without harming themselves or others.
Regardless of the challenges, the emphasis of CPD is to be proactive not only about fighting crime but advocating for change, up to and including the way violators are punished. “I believe we will be the first community in Yavapai County to offer an alternative sentencing program to address mental health and addiction issues,” he said.
Gesell promised that more information about this development will be forthcoming, and praised the Yavapai County Sheriff’s Office for the strides it has already taken to address the surplus of mentally ill and substance-addicted inmates in the county jail system.
But efforts like the Safe Shopper program and alternative sentencing, which operate to ensure public safety while identifying those individuals in need of assistance and providing them help, are not the primary way to further Gesell’s goals. He said education is the key aspect of any public safety issue.
Makuch nodded agreement, saying that it is important to be informed about which methods best assist people in need.
“The point is we want people to donate to organizations that help people, and not enable destructive behavior.”
“If you really want to give,” Gesell added, “give to social service agencies.”
Interested business owners can obtain a copy of the Safe Shopper agreement online at cottonwoodaz.gov or at the CPD, 199 S. Sixth St. For more information, contact Makuch or any on-duty supervisor.
