ALERT: San Pablo, CA resurrects anti-homeless Drunkard Law FWD

Tom Boland (wgcp@earthlink.net)
Sat, 3 Oct 1998 21:35:13 -0400 

http://dailynews.yahoo.com/headlines/ap/ap_us/story.html?s=v/ap/19981001/us/drun
kard_blacklist_1.html
FWD from AP Headlines - Friday October 2 2:51 AM EDT


         CALIF. TOWN RESURRECTS DRUNKARD LAW

         By JEAN H. LEE Associated Press Writer


SAN PABLO, Calif. (AP) _ Fines didn't work. Neither did dragging them to
shelters. Now police have dusted off a 109-year-old law to try to keep the
homeless sober by banning the sale of alcohol to certain drunks.

In a last-ditch effort to separate the offenders from their booze, police
passed out fliers of eight homeless men and laid down the law to merchants:
Sell these men liquor, and face at minimum a written citation, at most a
day in jail for a misdemeanor offense.

It's believed to be the first time a town is enforcing a state law that
stretches back to 1889.

The men who've been identified say it's a veiled attempt to drive them out
of town.

``It's unfair. I don't even like getting drunk, really. It's about
homelessness, basically,'' said 34-year-old Mike Fitzgerald, a neatly
dressed man who was heading to the town square Thursday with cigarettes he
had just bought at a liquor store.

Police say the homeless men have claimed the town square as their stomping
grounds to beg money, drink, do drugs in front of schoolchildren and
burglarize nearby homes.

Each man has been arrested at least 19 times and refused to go to shelters
or get help, said police Sgt. Mark Foisie. He said the mostly forgotten
drunkard law was resurrected to deal with complaints.

``I have an overwhelming obligation to the people out here to fix this,''
said Foisie. ``It's not a homeless issue, it's a criminal issue.''

Stephanie Bounds works in a dental office overlooking the plaza, which is
in an older, run-down part of San Pablo, just north of Berkeley.

At one time, the plaza _ with its benches, fountain and Spanish-style gate
_ was a place where people used to take breaks, she said. Now, it's an
embarrassing eyesore.

``People call them the trolls under the bridge,'' said Ms. Bounds, a dental
assistant. ``You can look out the window while you're getting your teeth
cleaned and you can see people using drugs and going to the bathroom.''

Foisie went to 27 liquor stores last week handing out the fliers, copies of
the law and the warning that took effect Thursday.

Owner Ching Hsieh said he wasn't sure merchants should be involved.

``When the police handed the papers to me, I said, 'Take them to court
instead,''' he said. ``But we're the small guy. We don't want to make any
trouble with the city.''

Merchant Saif Ghaleb welcomed the law, calling it ``a bold attempt'' in the
city's best interest.

California first made it a crime to sell booze to a drunkard in 1889, and a
1953 update made it a crime to give or sell liquor to ``any habitual or
common drunkard'' or ``obviously'' drunk person.

Neither version explains who would be considered a drunkard.

``If I go and decide to get drunk, would I be a habitual drunk if I drink
every Friday night?'' asked Duane Chapman, a homeless advocate who works
for Contra Costa County.

Dan Fenton, who is on the list, said the fliers have turned him into a
pariah. He couldn't even buy a book of matches from his favorite liquor
store.

``It's ostracism with a capital `O,''' he said.

END FORWARD

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