On October 5, the on line News Agency New Mexico Sun published the following guest column written by Pete Dinelli.

HEADLINE: Judge Enjoins APD From Enforcing Laws Against Homeless To Remove Them From Public Spaces

By Pete Dinelli

“On September 21, District Court Judge Josh Allison issued a Preliminary Injunction against the City of Albuquerque from “enforcing or threatening to enforce” statutes and city ordinance to displace the homeless from public spaces. The Court enjoined the city from seizing and destroying homeless belongings and mandates a warrant and post deprivation hearings regarding personal belongings seized.

The case was filed by the American Civil Liberties Union against the City over the closure of Coronado Park. The Plaintiffs allege they were displaced from Coronado Park when the city closed it on August 17, 2022 and that the city did not give proper notice nor provide satisfactory shelter options. The city says it did give notice, offered shelter and services, including housing vouchers, that were declined.  According to the ACLU  the lawsuit was filed to stop the City from destroying encampments of the unhoused all over the city, seizing and destroying personal property and jailing and fining unhoused.

The closure of Coronado Park was absolutely necessary. The city had no choice but to close it. Over 3 years, crimes involving the homeless spiked at the park including murder and rape. In 2020, there were 3 homicides at Coronado Park, in 2019, a disabled woman was raped, and in 2018 there was another murder. APD reports that it was dispatched to the park 651 times in 2021 and in 2022 at least 312 dispatches and over 400 calls up and until its closure in August. There were 6 stabbings at the park over 2 years and in 2022 APD seized from the park 4,500 fentanyl pills, more than 5 pounds of methamphetamine, 24 grams of heroin and 29 grams of cocaine.

The Albuquerque Police Department is under a court approved settlement in the federal lawsuit of McClendon v. City of Albuquerque involving jail overcrowding wherein the city agreed not to make arrests for nonviolent crimes, such as trespass on public and private property, illegal camping on all city parks and streets, rights of way, alleyways and open space to prevent jail overcrowding. APD is relegated to merely encouraging or telling the homeless to move on and camp elsewhere with no arrest and no taking them to jail.  Judge Allison is now enjoining such conduct.

The injunction usurps and interferes with the city’s right to take necessary action to protect the public health, safety and welfare with the enforcement of public safety laws, both state laws and city ordinances. Judge Allison has essentially ruled the unhoused, because of their status and because there is insufficient housing available and offered by the city, they have the right to violate the law and illegally camp wherever they want for how long as they want without government interference or threat of arrest.  While Judge Allison says “the City is not constitutionally obligated to provide housing for homeless people” he rules the city cannot “threaten” to enforce the laws against the homeless until the city provides sufficient satisfactory shelter and housing to all implying the city is not doing much of anything for them.

The city has increased funding for assistance to the homeless with $35,145,851 million spent in fiscal year 2021, and $59,498,915 million spent in fiscal year 2022, with the city adopting a “housing first” policy.  In the 2023-2024 budget, the City Council added $48 million to address housing and homelessness issues in Albuquerque. The city expends upwards of $8 million a year to operates 2 homeless shelters. Over two years the city will be spending upwards of $100 million to help the homeless or near homeless.

The City has the responsibility to enforce criminal laws on behalf of its citizens, be it felony or misdemeanor. The City cannot simply ignore laws that have the purpose of preserving and protecting the public health, safety and welfare of its citizens. Unlawful encampment homeless squatters who have no interest in any offers of city shelter, beds, motel vouchers or alternatives to living on the street and who want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to take action and force them to move on. Judge Josh Allison’s injunction now prohibits the city from instructing the homeless to move on by labeling it a “threat of an arrest” that will never happen because of a federal jail overcrowding case. 

The city is appealing Judge Allison’s ruling. The Bernalillo County Sheriff’s Office should arrest the homeless for misdemeanors that APD cannot nor will not make arrests on and the District Attorney should start prosecuting those cases. 

The  link  to the related Dinelli Blog article with comprehensive analysis of the court orders is here:

Judge Enjoins City From “Enforcing Or Threatening To Enforce” Laws Against Homeless To Displace Them From Public Spaces, Seizing And Destroying Homeless Belongings Without Warrant, Mandates Post-Deprivation Hearings; Injunction Usurps And Interferes With City’s Legitimate Enforcement Of Public Safety Laws; City Will And Should Appeal; County Sheriff Should Start Arresting And DA Should Start Prosecuting

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/

On September 13, the online news agency NM Sun published the below guest column:

HEADLINE: Political Pressure Overrides Safety: Mayor Keller’s Legacy Project Exposes Workers to Asbestos

By Pete Dinelli

“The City of Albuquerque and Consolidated Builders face record fines for ignoring asbestos risks at Mayor Keller’s pet project, the Gateway Homeless Shelter, according to a damning report by New Mexico’s OHSB.

On September 1, the New Mexico Environment Department’s Occupational Health and Safety Bureau (OHSB) cited the City of Albuquerque and Consolidated Builders of NM, LLC for workplace safety issues for failure to test and remove asbestos at the Gateway homeless shelter. The investigation found both violated the New Mexico Occupational Health and Safety Act by exposing employees to asbestos.  

The most damning finding made by OSHA was that safety concerns were raised multiple times but the remodeling project was politically driven with stop orders from the City’s Risk Management ignored to allow work to continue. The fine levied by OHSB against the city is the largest fine ever filed against the city.  

The city was issued a $761,112 fine for five Willful-Serious citations and two Serious citations. Consolidated Builders was issued a $331,475 fine for 8 Willful-Serious citations and 1 Serious citation.

The “willful-serious citations” to the city include:

• Failing to conduct asbestos work within a regulated area;
• Failing to ensure that an exposure assessment was conducted at the beginning of the project before potential exposures could occur;
• Failing to ensure that an asbestos “competent person” was present to supervise certain types of work;
• Failing to determine the presence, location, and quantity of asbestos-containing material at the Gateway Women’s Shelter prior to work beginning; and
• Failing to ensure that all waste material was properly contained and disposed of.

The “serious citations” to the city include:

• Failing to communicate the hazards associated with exposure to respirable asbestos fibers to employees;
• Failing to designate a “competent person” with the qualifications and authorities to ensure worker safety.

The “willful-serious citations” to Consolidated Builders include:

• Failing to notify other employers that asbestos work was being conducted;
• Failing to conduct asbestos work within a regulated area;
• Failing to ensure that an exposure assessment was conducted at the beginning of the project;
• Failing to dispose of asbestos materials in a leak-tight container;
• Failing to use wet methods to clean up asbestos-containing materials;
• Failing to communicate the hazards associated with exposure to respirable asbestos fibers to employees;
• Failing to train employees on properly performing asbestos removal;
• Failing to protect employees from the release of asbestos when removing floor tiles. 

The “serious citation” to Consolidated Builders include:

•  Failing to implement a respiratory protection program for employees using respirators.

 There are three specific areas of incompetency and ineptness that that fall squarely on the shoulders of Mayor Tim Keller relating to the Gateway Homeless Shelter, its selection and remodeling:

The first was the selection and purchase of the massive 572,000 square-foot complex, for $15 million to convert it into a 24-7 homeless shelter.  The complex has a 201-bed capacity, physician offices, treatment rooms, administration offices, lobby areas and a 300-person auditorium.  A site selection process identified 3 appropriate sites:

1. University of New Mexico (UNM) land near Interstate 25 and Camino de Salud
2. Coronado Park at 3rd Street and Interstate 40
3. The former Lovelace hospital on Gibson

Mayor Tim Keller did a press conference to exert pressure on the UNM regents to allow use of university land, but UNM regents said no. Keller quickly move to purchase the Gibson Medical Center and affected neighborhoods protested.

The second is the Keller Administration did not do due diligence to determine if the facility had the proper zoning to allow a 24-7 overnight shelter.  After the purchase it was discovered, the facility was zoned for a hospital and a conditional use for an overnight shelter was required.  The city refused to rely on the existing zoning to use it as a mental health treatment and substance abuse hospital facility for the homeless and the building sat vacant. 

 The third sign was the discovery of asbestos on the property that required remediation.  The City Planning Department, Municipal Development Department and the Environmental Health Department did not realize that when the Lovelace Hospital was built in the 1950’s asbestos was commonly used in building insulation, ceiling tiles, and flooring.  The Occupational Health and Safety Bureau  investigated after receiving complaints that allege “No inspection or testing was done prior to demolition work” and the city covered it up.

The most obvious explanation for city departments failing to act is that the Gateway Homeless is one of Mayor Keller’s legacy projects.  Keller likely exerted great pressure on his department heads to get the project done and be damned OSHA requirements, hence the finding that the project was politically driven.”

Pete Dinelli is a native of Albuquerque. He is a licensed New Mexico attorney with 27 years of municipal and state government service including as an assistant attorney general, assistant district attorney prosecuting violent crimes, city of Albuquerque deputy city attorney and chief public safety officer, Albuquerque city councilor, and several years in private practice. Dinelli publishes a blog covering politics in New Mexico: www.PeteDinelli.com.

___________________________

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/

On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The governor issued the restriction in the Emergency Health Order after the recent homicides of three children in Albuquerque, including an 11-year-old boy killed while he and his family drove away from an Albuquerque Isotopes baseball game.

The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, 5 federal and 1 state lawsuits were filed, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates. Albuquerque Police Chief Harold Medina, Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman and New Mexico Attoerney General Raul Torrez all announced that they felt the Governor’s Emergency Public Health Order was unconstitutional and proclaimed they had no intention of enforcing it.

On September 13, U.S. District Court Judge David Herrera Urias held a hearing on a request for a Temporary Restraining Order (TRO) and Injunction and granted he granted  the TRO. Judge Herrera Urias ruled that the gun restrictions in the governor’s original order were likely to cause irreparable harm to people deprived of the right to carry a gun in public for self-defense and granted a temporary restraining order blocking it.

On Friday, September 15, Governor Michelle Lujan Grisham announced an Amended Public Health Emergency Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

SECOND HEARING, SECOND INJUNCTION

On Tuesday, October 3, U.S. District Court Judge David Herrera Urias held a hearing on the Governors Amended Public Health Emergency Order.  Judge Herrera Urias  extended the  Temporary Restraining Order effectively blocking the Governors  ban on the carrying firearms at public parks, playgrounds and other areas provided for children to play in.

The Judge further said he will decide on October 11 whether the Governor’s  latest temporary public health order from the Governor administration can be enforced in Bernalillo County  after he reviews the  written briefs and arguments from both sides.

During the October 6 hearing on the amended public health order,  Plaintiff  groups representing gun owners again argued  the latest mandate is unconstitutional and vague and again asked the judge for a preliminary injunction to block it.  During the September 13 hearing the same plaintiffs succeeded in convincing Urias to block the  broader firearm restriction imposed by the Governor’s Emergency Health issued on Sept. 8.

CONSTITUTIONAL ARGUMENTS MADE

During Tuesday’s October 3 hearing, Governor Lujan Grisham’s Chief General Counsel Holly Agajanian,  who also represented the State,  argued that the Amended Emergency Health Order is narrow enough that it conforms with  constitutional restrictions allowed by recent United States Supreme Court case law.   The United States Supreme Court in 2022 found the government must justify its firearms regulations and restrictions by demonstrating that it is consistent with the nation’s historical traditions. That rationale could permit states to prohibit the possession and carrying of firearms in “sensitive places,” like election polling places.  However, the Plaintiff gun advocates countered by saying that public parks, playgrounds and other areas provided for children to play don’t qualify.

Agajanian argued the aim of the amended order is to keep children safe from the increasing gun violence across the state’s biggest metropolitan area.  She contended  that children need places where they don’t have to be afraid of people carrying guns “where they don’t have to worry about whether the person with a gun is a bad guy.”  The amended order affecting playgrounds, parks and other areas expires Friday October 6, but Agajanian told the judge that there will be at least one extension of the order.

Agajanian told the Judge Herrera Urias the state of New Mexico has “partners in the fight against violence” who make political decisions at the expense of people’s lives.  At the same time, she said, young children are learning “active shooter drills” in schools. Agajanian added “what are children to think when someone shows up at their neighborhood park carrying an AR-15?”

Only 2 of the original 7  plaintiffs filed new motions against the governor’s updated order. During the October 3 hearing, those were the only attorneys the judge allowed to talk in court.  Both argued the governor’s newest order is still too broad. Dudley Brown, plaintiff and president of the National Association for Gun Rights said this: .

“The simple fact is, as you look at the PHO (Public Health Order), it cannot apply to the areas where the governor is suggesting where kids might play, how could that possibly ever be enforced?”

Plaintiff Attorney Cameron Atkinson, a Connecticut attorney representing We The Patriots USA, Inc., responded to  Agajanian by saying this:

“The amended public health order suffers from the same defect as the original public health order.  The Defendants have made absolutely no effort to justify it under any of the exceptions to the Second Amendment’s guarantee of a right to public carry that the United States Supreme Court recognized. …  Instead, the Defendants continue to restrict the Plaintiffs’ Second Amendment rights to carry firearms in the places where the Plaintiffs need firearms the most to protect themselves and their families.  … Governments are going to react when judges tell them that they screwed up, and that’s what Governor Grisham did. We think she still screwed up, and we’re still here to teach her that the constitution actually matters in the state of New Mexico.”

Plaintiff Attorney Atkinson cited the example of his client Albuquerque resident Dennis Smith, who regularly carries a loaded handgun in a holster on his body for self-defense,  when he goes to Los Poblanos Open Space. Smith carries the weapon to protect himself from wild coyotes, stray dogs, and potential human attackers, Atkinson contends, and doesn’t want to stop. But the $5,000 penalty for violating the public health order would exceed his financial means.

Dudley Brown, president of the National Association for Gun Rights, said this:

“Do we have to look at crime statistics before you carry a firearm for self-defense with your kids in a public area? Or when your neighbor places a sign in the street that says, ‘Kids at play.’ Is that now a gun-free zone. … This was the most egregious ban ever proposed in modern America.”

At the conclusion of the  hearing, Judge Herrera Urias agreed with the Plaintiff’s and issued the TRO. Notwithstanding,  Herrera Urias lamented and said this:

“Nobody knows more about rising gun violence  than the judges sitting here in this courthouse [presiding over  prosecutions involving firearms.] … My hands are tied. I can’t go back and say it’s such a terrible situation that I will allow the governor to go forward.”

Links to quoted news sources are here:

https://www.abqjournal.com/news/state-ban-on-guns-in-parks-playgrounds-halted/article_5955bcba-6232-11ee-9668-13ae956964b1.html

https://www.kob.com/new-mexico/legal-battle-continues-over-governors-health-order-that-included-temporary-gun-restrictions/

https://www.koat.com/article/new-mexico-governor-gun-ban/45433028

https://www.krqe.com/news/albuquerque-metro/judge-extends-temporary-restraining-order-on-governors-amended-gun-ban/

ABQ CITY COUNCIL ENACTS 2 RESOLUTIONS

On October 3,  the Albuquerque City Council  enacted 2 resolutions in response to Governor Michelle Lujan Grisham’s public health order which  prohibits  the carrying of  both concealed and open carry of firearms in Bernalillo County for 30 days.  Both City Council resolutions were sponsored by 4 of the 9 councilors: Conservative Republicans Renée Grout, Brook Bassan, Dan Lewis and Conservative democrat Louis Sanchez.

The first resolution passed on 7-2 vote and asks the governor to convene a special legislative session on crime. It also calls for a legislative focus on funding behavioral health programs, existing warrant enforcement programs and changing the pretrial detention process.

The second resolution asked city councilors to “reaffirm” their commitment to Second Amendment rights and urge the governor to abstain from limiting the rights of gun owners. It passed more narrowly, with the 4 bill cosponsors Conservative Republicans Renée Grout, Brook Bassan, Dan Lewis along with Conservative Republica Councilor Trudy Jones and conservative Democrat  voting in favor.

RESOLUTION CALLING FOR SPECIAL SESSION

The first resolution which  passed on 7-2 vote asking  the governor to convene  a special legislative session on crime was not particularly controversial.  Notwithstanding, city councilors drafted and debated changes to the language of the bill.  Progressive Demcrate Councilor Isaac Benton and Moderate Democrat Klarissa Peña criticized certain language used in the original resolution in regards to mental health and addiction, but after a handful of alterations, both ultimately voted in favor.

Although Moderate Democrat Councilor Peña voted in favor of the first resolution, she raised concerns about seeming to advocate for an increase in prison populations. In the resolution, a declining statewide prison population was cited, with a projected 3% decrease in 2024. In response, Peña said the majority of incarcerated people are jailed for minor infractions, or could be homeless or struggling with addiction. She added that people of color are disproportionately imprisoned for minor offenses. Peña said this:

“Are we saying that the prison population should be full?”

The two city councilors  who voted against the resolution calling for the Governor to call a special session were Progressive Democrats Pat Davis and Tammy Fiebelkorn.  Progressive Democrat  Council President Pat Davis  expressed reservations about directing the actions of another body of government. Progressive Democrat Councilor Tammy Fiebelkorn said she would like to see a special session but called the bill “political posturing” for demanding the governor call one. Fiebelkorn said this of Lujan Grisham:

“She has said no. … Instead of antagonizing her … telling her how she should do her job, I think now is really the time to come together.”

NO CHANGE OF MIND

Caroline Sweeney, a spokesperson for Lujan Grisham, said the governor has not changed her mind on the special session in light of the city council resolution. Sweeny said this in  a statement:

“The governor has been clear — she does not intend to call a special session. … She is working with legislative leadership to prepare for the upcoming legislative session … the governor welcomes input on legislative changes and policy investments from partners around the state.”

The link to quoted news source are here:

https://www.krqe.com/news/new-mexico/albuquerque-city-council-urges-governor-to-call-a-special-session/

https://www.kob.com/new-mexico/albuquerque-city-councilors-call-for-special-session-on-crime/#:~:text=ALBUQUERQUE%2C%20N.M.%20%E2%80%93%20The%20calls%20continue,that%20message%20loud%20and%20clear.

https://www.abqjournal.com/news/city-council-passes-resolution-calling-for-special-legislative-session-on-crime-governors-office-says-no/article_6991b73c-6223-11ee-8d39-efac464c729d.html

COMMENTARY AND ANALYSIS

It is difficult to understand let alone justify Governor Lujan Grisham’s stubbornness when it comes to both of her Emergency Health Orders banning  the carrying of firearms, concealed or openly, in public places.   Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms.  The truth is the Governor’s orders have accomplished absolutely nothing other than ginning up the Republicans and Second Amendment Rights advocates ire that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.

The Governor has indeed united Republicans, Democrats and Independents against her with her actions. The law and public sentiments are not on her side and she needs to accept that reality. Now that the court has ruled, Governor Lujan Grisham should immediately cancel and withdraw her Executive Order as well as the first Emergency Public Health Order and the Amended order. Such action will render moot all 6 lawsuits.

With respect to calling a special session, at this point in time, that should now be considered a real waste of time. The blunt truth, the regular session of the New Mexico legislature is now a mere 3 month away. Rather than issuing executive orders declaring a public health crisis that are clearly unconstitutional and defending them in court, the Governor’s efforts would be better spent on proposing meaningful legislation she wants in the upcoming 2024 legislative session which begins on January 16, 2024.  The session is the 30 day short session where the Governor will dictate what measures can be considered.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants more immediate action, she should call for the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

• Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
• Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
• Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
• Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
• Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
• Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.
• Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

• Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.
• Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
• Prohibited magazines with more than 10 rounds.
• Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
• Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
• Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
• Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
• Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
• Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.
• Require a permit to purchase all rifles and handguns.  There are 15 other states require a permit to purchase or licensing.  The best predictor of future performance is past performance. Firearm licensing has past performance.  A John Hopkins University study in a comparative analysis, describes licensing as the most effective firearm policy. Connecticut notes a 28% decrease in homicides, 33% decrease in suicides 10 years post licensing. When you compare states with and without licensing, there is a 56% decrease in mass shootings. Studies reveal a decrease of gun trafficking of more than 60% after licensing.  Missouri found similar increases in homicides and suicides when removing their purchase restrictions.  Licensing is constitutional it has broad public support.  Licensing brings in revenue to the state vs simply cost the state money.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

FINAL COMMENTARY

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.

On Friday, September 29, Mayor Tim Keller held a press conference to announce that the City of Albuquerque intends to lease 7 acres of the 365 acres of land at Balloon Fiesta Park Balloon Fiesta Park to the New Mexico United Soccer Team for a multi-purpose soccer stadium. According the city, the stadium would be located in a lot that is not on the field of the park but is a lot just east of the field.  United New Mexico currently subleases city-owned Isotopes Park from its primary tenant, the Triple-A baseball Albuquerque Isotopes.  The USLC  (United Soccer League) has mandated that its clubs must be based in soccer specific stadiums by 2026.

The lease will require the soccer team to invest at least $30 million into the site to build the stadium. No city funding will be used for the construction of the stadium.  However, Keller said the city will spend at least $10 million of existing city, state and federal funding for infrastructure upgrades on the site including ground, electric, and sewer work and other foundational work for the stadium, as well as improvements for the park as a whole.

The city says no parking spots will be lost, but they just might be moved. This year, the city added a 250-spot parking area, and plans to add more parking facilities in the future to address concerns expressed by Albuquerque International Balloon Fiesta management.  Keller said this:

“We’re opening a new 250 car lot this year, that we practiced last year. So that is going to be open. So, we can replace that parking in other areas.”

Balloon Fiesta currently leases the park from the Tuesday after Labor Day to the end of October. This year’s Fiesta runs Oct. 7-15.

TERMS AND CONDTIONS OF LEASE

Mayor Keller announced that the lease will be introduced on Monday, October 2, and must be approved by the Albuquerque City Council on October 16. Its a take it or leave it approval without negotiation of terms the City Council may want.  If the lease is approved by the City Council, construction for the new stadium will begin within 90 days.

The lease term will be for an initial period of 30 years with the option to renew and extensions for two 15-year terms which means the lease could be for a full 60 years.

The lease agreement contains the following terms and conditions:

• Seven acres of land, which is currently for parking at the park, will be leased by United New Mexico for $35,000 a year with a 2% rent increase each year.
• United will pay the city 10% of revenue from parking fees it charges.
• United New Mexico must initially invest at least $30 million of private funds to design and build the stadium.
• The city is obligated under the lease to build certain features that remain open to the public during Balloon Fiesta, including shade areas and public restrooms.
• United will not be allowed to host games during the annual Albuquerque International Balloon Fiesta
• The planned stadium  will not interfere with ballooning in the area.
• The city will be able to use the stadium 10 days a year for free.
• At the end of the lease, New Mexico United is obligated to sell the stadium for $1 to the city of Albuquerque, unless the lease is extended by mutual agreement.

Keller said he pushed for high school soccer tournaments to be held at the stadium.

A spokesperson for New Mexico United said details about the design, size or cost are yet to be determined. The city will not be involved with the stadium design.

Mayor Keller issued the following statement:

“Albuquerque families deserve world-class amenities, and we won’t give up on projects like a stadium that fulfill these quality-of-life needs. Leasing underutilized land at Balloon Fiesta Park not only helps United grow, but also enriches one of our most frequented areas and provides new economic opportunities – a significant win for our city and a potential game-changer for our community.”

Keller said this at the press conference:

“We’re using state money, federal money, and existing money that we had to do the utilities, the earthwork, the electrical work that it takes to put in the stadium. … We mostly had to do that anyway because we want to do those improvements at the Balloon Fiesta that have to do with Vendors Row. … Now it’s real. And, now, it’s also mostly out of my hands. …

This is going to be a private stadium, and so what we have allowed for in the lease agreement is roughly ten days where the city can use it for city events. … We have also built into this lease agreement, by request, that it be used and available for soccer championships.  … [The lease] also means bathrooms. …We might actually have permanent bathrooms at Balloon Fiesta Park.”

Peter Trevisani, the owner of New Mexico United, did not attend the Keller press conference.  Instead, he was interviewed at the teams locker room  practiced field and he issued the following statement about the stadium plans:

“It should come as no surprise that we’ve been working relentlessly for several years to find a location and a plan that would not only be a catalyst for our community but also ensure the longevity of New Mexico United. This plan does that. We’re excited to privately build a stadium that creates jobs and economic impact, improves Balloon Fiesta Park, and shows that New Mexicans can do whatever they set their minds to.”

On October 2, in an interview with the Albuquerque Journal, Trevisani said United has not finalized plans for a potential Balloon Fiesta Park stadium, including its initial size and even whether the playing surface would be grass or artificial turf.  Still, Trevisani said he is confident the project will receive City Council approval. Trevisani said this:

“I think the City Council has been great along the way. … I’m not a politician, but I truly believe they want to make Albuquerque the best version of itself possible. This is not a red-blue issue — it’s not even a red-green issue. This is about building a stadium with private funding that makes the city better. I think it’s a win-win.”

On other issues relating to the stadium, Trevisani said this:

HIGH SCHOOL SOCCER GAMES AT THE STADIUM:

“We want to have high school games. There are things in (the lease agreement) that call for that, things that benefit United and things that benefit the city and Balloon Fiesta Park, including us not playing games during Balloon Fiesta and hosting high school games at the stadium.”

HOW A STADIUM WOULD FIT INTO THE BALLOON FIESTA PARK AREA:

“Working with Balloon Fiesta has been amazing. We’ve found that working together can be collaborative. They’re lacking things like bathrooms and water hookups, which this will address. … We want the stadium to help the area develop in a way that’s respectful to the neighbors and businesses who are there now.”

NATURAL GRASS VERSUS ARTIFICIAL TURF:

“My heart says grass, my wallet says turf. Everyone likes playing on grass, but there’s a balance to consider because we want to have women’s games and high school games and you can’t play on grass every day. There’s also the expense of watering to consider. We’ll probably make that decision as late in the process as possible.”

BRINGING A WOMEN’S PROFESSIONAL SOCCER TEAM TO ALBUQUERQUE:

“We have to bring forward a women’s team. Exactly what level that will be initially, we’ll see. But I know in my heart of hearts we will have a women’s team with New Mexico on its jerseys. We can’t have that now because of space and scheduling at Isotopes Park. A new stadium makes it possible.”

The link to the quoted news source is here:

https://www.abqjournal.com/news/now-its-real-lease-agreement-puts-united-soccer-stadium-at-balloon-fiesta-park-a-step/article_483d36e2-5f17-11ee-8af8-6bf74e6e6b79.html#tncms-source=home-featured-7-block

REACTION TO LEASE AGREEMENT

Initially, Balloon Fiesta leadership had concerns about the stadium being built at the park.   Albuquerque International Balloon Fiesta Media Relations Team issued the following statement:

The Albuquerque International Balloon Fiesta’s Board of Directors met with representatives of the City of Albuquerque and New Mexico United last month to learn more about the impact of a potential United stadium on Balloon Fiesta’s operations. Three key areas of concern were raised during that meeting: parking, access to Balloon Fiesta Park and infrastructure improvements. We continue to receive these assurances and look forward to continuing the conversation to achieve these goals.

City Council President Pat Davis was interviewed at a remote location by video conference call and  said for his part if United can uphold the terms of the lease, he sees no problem with the stadium. Davis said this:

“This becomes 100% on the shoulders of the team at this point to put up and build their stadium. If they do it, it’s a big attraction for the city. … But if there becomes a time when they’re not able to meet their obligations, and they’re not going to construct their building, you know, we should have the right to give it to somebody else.”

In a subsequent interview reported on October 3 by pollical blogger Joe Monahan, Davis said this:

This is a very straightforward lease deal, much like the others we’ve done. For example, Amazon leasing land to build a hanger at the airport. The Legislature allocated money for infrastructure support. I required the lease contract to include a “do or die” clause that requires United to break ground and meet deadlines or they would forfeit the lease. I like this lease because it places 100% responsibility on the team to build the stadium, and reverts the land back to us if they don’t. Other than that, it’s a pretty standard lease.

Links to quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/city-to-lease-balloon-fiesta-park-for-new-mexico-united-stadium/

https://www.koat.com/article/new-mexico-united-new-stadium-location-albuquerque/45378348

https://www.kob.com/new-mexico/albuquerque-to-lease-land-at-balloon-fiesta-park-for-new-mexico-united-stadium/

KELLER IS STADIUM PROMOTER IN CHIEF

For the last 4 years Mayor Tim Keller has been what only can be described as the “promoter in chief” for the building of a Soccer Stadium for United New Mexico with government financing and assets.

During the 2020 and 2021 legislative sessions, Keller was involved with lobbying the New Mexico legislature to earmarked $9 million for a stadium including $4 million from Governor Michelle Lujan Grisham during the 2021 legislative session. The cost of a $400,000 analysis was paid for by state money allocated in the 2020 session.

In 2021, Mayor Tim Keller was running for his second term. Seeing an opportunity to help with his reelection efforts and increase voter turnout, Keller pushed for a city bond initiative for voter approval to build a multiuse soccer stadium estimated to cost $65 million to $70 million for the issuance of up to $50 million in bonds to build the multiuse soccer stadium.  Keller made it clear that the stadium would not be built by the city without voter approval.

On July 24, 2021 Keller took part in pregame tailgate parties for a New Mexico United Soccer Team. Keller took to the field of Isotopes Park during halftime and in a campaign style speech to the crowd, Keller stood with New Mexico United owner Peter Trevisani to deliver the news of the results of the feasibility analysis for the stadium.  Keller announce to the crowd of 10,000 he was sending a resolution to City Council to place the proposal on the November 2 ballot.

The City Council did just that, but the bond measure failed miserably in November 2021 on a two to one vote with 65% voting NO while virtually all of the other bond requests passed by healthy majorities. The stadium bonds failed, despite a $1 million dollar ad campaign financed by New Mexico United soccer team that was to be the primary tenant of the facility.   Election night, Keller was reelected, expressed disappointment in the stadium vote and said his administration would respect the voters’ decision not to fund the stadium.

https://www.abqjournal.com/2442913/voters-to-decide-on-soccer-stadium.html

https://www.krqe.com/sports/local-sports/city-announces-lease-agreement-on-potential-stadium-with-new-mexico-united/

COMMENTARY AND ANALYSIS

Mayor Tim Keller’s September 29 press conference to announce that he wants the City Council to approve the lease of 7 acres of Balloon Fiesta Park (BFP) to build a soccer stadium came as a surprise, ostensibly including one party to the lease.  It came as a surprise to United New Mexico, the Albuquerque City Council and the Balloon Fiesta Board of Directors for the reason that Keller made the announcement all by his lonesome self, even clean shaven and wearing a suit and tie for a change.  City Councilor Pat Davis was interviewed by video conference call, soccer team owner Peter Trevisani was tracked down by one station for an interview and the Balloon Fiesta public relations was relegated to issuing a statement.  Keller also made it a point to say “it’s mostly out of my hands” to peremptorily lay any and all blame on the city counsel when United soccer fans become enraged if the lease is not approved all the while Keller takes credit for some of the terms.

There are several concerns about the lease:

First: The lease agreement was introduced to city council on October 2 and it is scheduled for a  council hearing on October 16. The lease is being presented to the city council as a take it or leave it proposition without allowing a negotiation of terms the council may want.    A weekend, 3-day notice and 13 days asking for final approval of the lease does not come even close to sufficient notice to the Council for genuine debate and asking for additions or amendments to the lease. The city being able to use the stadium 10 days a year for free does not seem like a whole lot.  There is no mention of the stadium being used as an entertainment venue for concerts or allowing it be “sub leased” requiring city approval to other tenants to generate income with the city sharing in the income from other events. There is no mention as to who will foot the bill on maintenance and upkeep of the grounds.

Second:  The 3-day weekend notice allowed no time to give notice to area residents to secure their input and there is no mention if they will be told of the pending approval. Absent is any information on what traffic control and  noise studies have been done on a soccer stadium  in the area and what traffic control and road improvements will be needed and who will pay for them.

Third: Although Mayor Keller claims the City will not fund the stadium’s construction, the City website states that “the State has provided capital to the City of Albuquerque for infrastructure improvements that will provide needed upgrades at Balloon Fiesta Park.”  The stadium is not an upgrade to the park and the question is can the funding be diverted to an unrelated construction project or facility?

Fourth: Voter’s have already voted NO by a landslide that tax payer money should not be used for the construction of the stadium and all construction cost overruns. The lease should contain specific provisions that the Soccer Team will assume any and all costs for future improvements or remodeling to the facility without any city funding.

Fifth:  The regular 2023 municipal election to elect City Councilors for City Council Districts 2, 4, 6, and 8 will be held on November 7, 2023 along with $200 Million in bonds to be approved by city voters. Incumbent Progressive Democrat City Councilors Isaac Benton and Pat Davis and Conservative Republican Trudy Jones, big supporters of the Mayor’s legacy projects, are not running for another term. The November 7 municipal election could shift city council majority control from the current 5 Democrats to Republican control or perhaps a far more conservative shift to challenge Mayor Keller’s progressive agenda. The construction of a stadium has been an issue in the city council races, and Keller’s rush job to get a vote on the lease by 3 lame duck incumbents smacks of politics at its worse and signals Keller likely believes he may not have the 5 votes with the new council or at least does not want to risk it.

Sixth: Then there is the matter of location and it must be asked why was Balloon Fiesta Park chosen in the first place?  Sports stadiums are often buildt to serve as economic drivers for the area around them. Restaurants, bars and light retail usually result being built in the surrounding areas. That will not happen at Balloon Fiesta Park. There are other large tracts of land the city owns that could have been offered more centrally located for the stadium. One example is the Sun Port airport land  that is  the abandoned  South airport runway located south of Puerto Del Sol Golf Course on Gibson.

FINAL COMMENTARY

At first blush, the proposed lease is a classic public/private partnership that is often used and that can be a big  win-win proposition and go along ways to build a facility the city actually needs that will enhance the city’s quality of life. The best example that already exists of such a facility is the Isotopes Park, a city owned facility rented to a professional sports team.

The problem is that we have a mayor who always feels he has to be the absolute center of attention. Keller has a very bad habit of jumping the gun on projects he considers are his legacy projects that will benefit him politically. He refuses to confer with stakeholders to build a consensus to get things done, especially with the city council.

Good examples of this are Keller’s Gateway 24-7 homeless shelter where he pushed the acquisition of the old Lovelace Hospital, his 7-mile, $80 million rail trail that he announced all  by himself at an event with great fan fare making it a public relations event, his ABQ Housing Forward Plan, and his pushing to get the Soccer Stadium on the ballot in 2021 to help his re-election bid. Now he wants to push a vote on a 30 to 60 year lease by a lame duck city council. He takes it a step further by cautioning that  it is now out of his hands  implying people can place blame on the city council if they do not approve it.

The lame duck council should defer the final vote on the lease until the new council is sworn in. This will allow time for public input and perhaps needed changes to the lease. It is the new council that will have to deal with any problems associated with the lease, so let them vote on it.

On September 19, 2023, I appeared and was interviewed for 40 minutes by Paul Gessing with the Rio Grande Foundation on his weekly program known as “Tipping Points New Mexico”. The topic of discussion was “Homeless Policy And Issues.”

The Rio Grande Foundation is conservative leaning.  I have been a Democrat all of my life and I am a Progressive Democrat. I have known Paul Guessing for at least 25 years.  During that time we have had spirited discussions on various issues, but this was the first time I have ever appeared on his program.

Over the last 6 years, I have researched, authored and published on my blog www.PeteDinelli.com many blog articles on the topic of the unhoused which was the reason Paul Guessing invited me to appear on his program.  Because of the allotted time, we were only able to touch on in general terms the city’s homeless crisis, what  Mayor Keller Tim Keller and his administration and the Albuquerque Police Department are doing and what the city is spending to assist the unhoused.  Below are links to two blog articles that go into greater detail on homeless policy and issues.

I do hope you have the time to listen and find the program informative.

Below are links to two blog articles that go into greater detail

Many thanks to Paul for having me on his program and having the discussion.

The link to the Youtube interview is here:

https://www.youtube.com/watch?v=3punm9fU798

The link to the audio file:

https://tippingpointnm.com/audio/543-pete-dinelli-homeless-policy-and-issues/

The links to the two related Dinelli blog articles on the unhoused are here:

Mayor Tim Keller’s Shotgun “All the Above Approach” To Homeless Crisis: Millions For Services, Shelters, Housing, Zoning Amendments; “HOUSING FORWARD ABQ” Plan Based On False Presumptions

Judge Enjoins City From “Enforcing Or Threatening To Enforce” Laws Against Homeless To Displace Them From Public Spaces, Seizing And Destroying Homeless Belongings Without Warrant, Mandates Post-Deprivation Hearings; Injunction Usurps And Interferes With City’s Legitimate Enforcement Of Public Safety Laws; City Will And Should Appeal; County Sheriff Should Start Arresting And DA Should Start Prosecuting

On August 4, 2023, APD Chief Harold Medina gave a public warning to the Walgreen’s chain stores about the extent of crime occurring at Walgreens stores. According to the on-line source Good RX, there are a total of 32 Walgreen Stores in the Albuquerque Metro area.

Medina said this:

“Walgreens has to take ownership for their store, for their product, and they have to develop [a] process which helps ensure that their alcohol is not being stolen and is not compounding to a community issue or problems surrounding their locations.”

MEDINA’S LETTER TO WALLGREENS

It was reported that on August 14, 2023 that Chief Medina sent a letter to Walgreen’s making recommendations for all of its retail stores  in an effort to reduce crime at their store locations.  Medina’s letter was written and sent following the death of 23-year-old Sydney Wilson, who was shot and killed in a parking lot after she saw her stolen vehicle.

On July 31 a group of teens were stealing liquor from a Walgreens, then allegedly stole the car from 23-year-old Sydney Wilson and Wilson was able to locate her car at the Smith’s on Coors and Central the same day. APD released video showing the teens allegedly stealing alcohol before the shooting.  Wilson had tracked her car down with the GPS on her phone and approached it. Police said the teens crashed the car after she confronted them, and they tried to flee on foot. When she approached the vehicle, witnesses told police that 13-year-old Marcos Barela pulled out a gun and shot her.  He’s now charged with murder.

Chief Medina expressed concerns about shoplifting and theft rates remaining “high and unmitigated” at the Walgreen’s locations. He also said he’s concerned about alcohol theft, given the external threat he says it poses to the community. Medina wrote Walgreens:

“The focus of my concern is that rampant and repeated shoplifting invariably attracts criminals who commit other crimes … This behavior is dangerous, not only because of the threat serial shoplifting poses to the safety of the community, but also due to the dangers associated with alcohol use and crime.”

Medina in his letter said that the Walgreens stores that sell alcohol have the worst issues. In support of the allegation, APD released a video showing thieves calmly stealing dozens of bottles of liquor from a northeast Albuquerque Walgreens in July. APD arrested 3 men for the alleged July 11 theft. One of the men, Brian Singer, was released from jail the next day. On July 17, police found Singer with a gunshot wound while responding to a shooting in the area of Kentucky and Acoma in southeast Albuquerque. Paramedics took Singer to the hospital. Doctors put him on life support on July 26 and he died nine days later.

According to the letter, since January 2022, APD has responded to 1,000 calls for service at just five Walgreens along the Central Avenue corridor. He said the location on Eubank has seen a 20% increase in calls for service in the last six months. In the letter, Medina said these calls for service alone cost taxpayers $125,000. A review of police response calls at the Walgreens store near Central Avenue and Eubank Boulevard revealed there were 13 calls made for fights and assaults, two shootings and two thefts, along with dozens of disturbances.

MEDINA’S RECOMMENDATIONS TO WALLGREENS

In his August 14 letter Chief Medina called on the chain store to take action to deal with the theft of alcohol its stores. The suggestions were:

1. Modifying the layout of Walgreens’ liquor departments so patrons would have limited access to alcohol and would order items and an employee would fulfill the order
2. Limit the time in which alcohol sales occur, which would deter shoplifters from entering the store if they know alcohol is not being sold.
3. Hire level-three security guards at their stores, which are state-certified security officers who have the ability to carry a firearm but cannot make arrests. This would be particularly important to deter underage individuals from attempting to steal alcohol.
4. Walgreens should connect its cameras to APD’s Real Time Crime Centers, so law enforcement can get surveillance video easier.
5. Walgreens should implement a policy where employees would have to report shoplifting and alcohol theft to APD.

Chief Medina wrote in his letter:

“Implementing these suggestions and strategies will be a win for our community. … Strong anti-shoplifting measures will make it harder for shoplifters to steal, while collaboratively building evidence-based prosecutions will send the clear message that retail theft is a serious crime worthy of the imposition of serious consequences.”

During a press conference discussing his letter, Medina  said this:

“One of the big recommendations we’re going to make is that Walgreens finds a way to secure their alcoholic products and that they ensure that they have safeguards in place so that people cannot simply grab alcohol, walk out of the store and get in a vehicle and continue. … We’re going to continue to hopefully work with Walgreens, communicate with Walgreens, see if they can meet some of the requirements.”

Medina also added that the department will look into other actions, which may include a legal step-by-step plan at each store to fix their crime issues, or the store could be closed.

Walgreens did sent a response to the letter to Medina which reads in part:

“We will review the letter and want to work with the police department to address these issues as the safety of our patients, customers and team members is our top priority.”

REACTION TO MEDINA LETTER

Carla Sonntag with the New Mexico Business Coalition said many of its members have been forced to hire security at a hefty price. Sonntag said the business coalition has started a legal fund to sue the City of Albuquerque for not enforcing lower-level crimes such as shoplifting and trespassing. Sonntag said this:

“Some of our businesses are spending hundreds of thousands of dollars every year in order to try to protect their properties. … It’s not right. We shouldn’t live in fear of our lives. … We shouldn’t have to question if we’re able to go into a store and safely purchase goods.”

Aaron Jones, with the armed security company International Protective Service, said Walgreens contacted him after receiving the Medina letter. Jones said APD should be doing more to protect businesses in Albuquerque and said blaming the businesses for crime is not a police department’s job. Jones said this:

“There’s a lot of problems with this whole deal in general.  For one, Walgreens is taxpayers, just like everybody else in the city of Albuquerque taxpayers. And taxes are supposed to pay for protection. … “[Private security is] not a cheap proposition at all, especially if you’re hiring me. …  I can guarantee you that, you know, we put millions of dollars into providing this type of service, and we do it for four different companies all over the country very effectively.

“When you want to blame the stores … [for] the crime going on, I’m sorry, I was a cop. … We went out, and we dealt with crime and whatever. And I’m sorry for the things are going the way they are, but it’s it seems a little ridiculous to me blaming these businesses.”

For Medina for his part said the police department should not be directly involved with Walgreens stores for security. Medina said this:

“I’m here to say it is not the responsibility of the Albuquerque Police Department and the taxpayers of the city of Albuquerque to put an officer at every single Walgreens that sells alcohol.”

 APD DEPUTY CHIEF GOES TO DEFENSE OF DEPARTMENT

On August 27, the Albuquerque Journal published a guest column written by Deputy Chief Josh Brown of the Field Services Bureau providing an explanation of APD’s demands made upon Walgreen.  Brown argued  that APD Chief Medina made common sense recommendations to address the theft of alcohol at Walgreen’s stores.  The column reads in part as follows:

“APD works with businesses across the city – from small mom-and-pop stores to large national chain retailers that make billions of dollars a year. The vast majority of those business owners and managers are great partners and we help each other to combat crime.

Unfortunately, we run into roadblocks with some businesses. Most recently, that has been the case as I personally have tried to work with the leadership of Walgreens to address the specific issue of alcohol theft at some of their stores in Albuquerque. Thieves are targeting the liquor departments at Walgreens because they see an easy opportunity to steal alcohol without getting caught. We are trying to work with Walgreens to make alcohol theft more difficult and less likely to lead to violence against employees. Theft of alcohol is especially dangerous because it leads to other crimes.

The field officers I oversee are responding to these incidents every day. One frustrated officer recently asked the manager at an Albuquerque Walgreens store why they don’t have security since they are targeted for alcohol theft so often. Police responded four times that weekend to that one store. The manager said the company has decided to reduce security and that store is not on the list for a security guard. The manager threw up her arms in frustration.

We will continue to respond to crimes reported at these stores, but the suggestion that a quicker police response or using sworn officers as security is not realistic or effective. We need more proactive measures to make an impact on theft. We continue to work on APD’s role to be more proactive, just as most businesses are adapting to the criminal activity.”

You can read the entire guest column here:

https://www.abqjournal.com/opinion/letter-to-walgreens-offered-sensible-tips-to-curtail-alcohol-theft/article_7ec433ac-42c3-11ee-b358-2f576a2fe6e5.html

DISTRICT ATTORNEY PROSECUTING SHOPLIFTING CASES

On September 5 Second Judicial District Attorney Sam Bregman, accompanied by APD Chief Harold Medina, Bernalillo County Sherriff John Allen, NM Representative Marian Mathews and members of the business community, held a press conference to announced that the Bernalillo County District Attorney Office is prosecuting all misdemeanor shoplifting cases.

Bregman said his office has hired 40 attorneys since he took office in January. The office is fully staffed, and a team of 14 prosecutors will add hundreds of cases to their workload.  The 14 attorneys already assigned to the District Attorney Metro Court  Division and who prosecute domestic violence and DWI cases, which are “cases of record” requiring a court reporter, will have the shoplifting cases added to their caseloads. Bregman said his office would not do this if he didn’t feel his attorneys couldn’t handle the addition to their case loads.

The ultimate goal of the  plan is to free up more law enforcement officers with attorneys prosecuting cases. Normally, shoplifting cases is a misdemeanor and such cases are referred to as “police officer prosecutions”.  Albuquerque Police and Bernalillo County deputies have been prosecuting misdemeanor shoplifting cases on their own without a prosecutor presenting the evidence and perhaps examining witnesses. According to a news release from Bregman’s office, 40 to 70 misdemeanor shoplifting cases are going go through Metropolitan Court every month.

COMMENTARY AND ANALYSIS

Now that Bernalillo County District Attorneys office is prosecuting shoplifting cases, Medina and company need to knock it off trying to shame the private sector to act and start investigating shoplifting cases more aggressivity  and forwarding them to the District Attorneys Office for prosecution.

To be blunt, APD Chief Medina’s August 4 press conference, his August 14 letter to Walgreens as well as Deputy Chief Josh Brown’s letter to the Albuquerque Journal combined amounts to nothing more than a “public shaming” and finger pointing essentially saying private sector business is responsible for crime at their  establishments when it is they who  are the victims of crime.  Chief Medina takes it a step even further when he threatens legal steps to close the stores if something is not done immediately.  What is really going on is that Chief Medina and APD simply want Walgreens to stop calling APD to report crime so the department can concentrate on what it considers more serious crime. When someone gets killed at a Walgreens is when APD would probably show some real interest.

What was really out of line and down right arrogant is when Medina said the police department should not be directly involved with Walgreens stores for security and boldly proclaimed:

“I’m here to say it is not the responsibility of the Albuquerque Police Department and the taxpayers of the city of Albuquerque to put an officer at every single Walgreens that sells alcohol.”

Walgreens has never said that nor requested that,  yet Medina proclaims APD should not be directly involved with Walgreen store security. He is right on one level, but  then he makes demands that does exactly that by demanding store layout changes, limiting times of sales, hire level 3 security guards and connect its cameras to APD’s Real Time Crime Center.  Medina complains about all the calls for service made to APD and then tells Walgreens to implement a policy where employees would have to report shoplifting and alcohol theft to APD. This is what is called talking out of both sides of your big mouth.

ENFORCE NUISANCE ABATEMENT LAWS WITH INTERVENTION AGREEMENTS

What Chief Medina and Deputy Chief Josh Brown need to do is request the  City’s legal Department and the  City Attorney’s  Office to enforce the city’s nuisance abatement laws.  The City Attorney and not APD should be dealing with Walgreen’s corporate council and conduct negotiations on what steps can be agreed to reduce calls for service to the businesses and negotiate nuisance abatement agreements with intervention meetings.

There is a strong historical precedent for this approach. In 2005, the City’s  Safe City Strike Force identified convenience stores that had an unacceptable number of “calls for service” which resulted in the convenience stores being considered a public nuisance by the Albuquerque Police Department (APD). APD felt the convenience stores were relying upon APD to provide security at taxpayer’s expense rather than hiring their own private security company, which is exactly what is going on with Walgreens.

The Safe City Strike Force took enforcement action against upwards of 15  convenience stores in Albuquerque that had substantial calls for service to APD.  Private negotiations occurred between the convenience stores counsel and the city attorneys office without APD. A stipulated nuisance abatement  agreement was negotiated with three major convenience store corporate owners of seventeen (17) convenience stores throughout Albuquerque. The conveniences stores agreed to pay for private security patrols and make security modifications to the stores including lighting, removal of pay phones that were being used for drug transactions and by prostitutes and securing of liquor. In exchange, the city agreed to cease and desist any civil action against the convenience stores to close them for a period of one year while the businesses were monitored by APD and assisted where necessary by responding to calls for service.

Private cooperation and communication will always accomplish more than public shaming by law enforcement.

Links to cited and quoted news sources are here:

https://www.cabq.gov/police/news/chief-medina-releases-letter-to-walgreens

https://www.kob.com/new-mexico/apd-calls-on-walgreens-to-expand-crime-reduction-efforts/

https://www.koat.com/article/albuquerque-police-calls-out-walgreens-safety/44822109https://www.krqe.com/news/crime/apd-sends-letter-to-walgreens/

https://www.koat.com/article/albuquerque-police-aftermath-walgreens-letter/44950582

https://newmexicosun.com/stories/648824237-albuquerque-police-department-chief-medina-releases-letter-to-walgreens-to-help-reduce-crime

https://abq.news/stories/apd-chief-sends-letter-to-walgreens-pushing-for-anti-theft-policies,39834

https://www.abqjournal.com/opinion/letter-to-walgreens-offered-sensible-tips-to-curtail-alcohol-theft/article_7ec433ac-42c3-11ee-b358-2f576a2fe6e5.html

LINKS TO TWO RELATED BLOG ARTICLES ARE HERE:

DA Sam Bregman Announces Office Will Prosecute Shoplifting Cases; A Return To Basics Long Overdue That Will Impact Crime

Strike Force Cleaned Up Central and Made City Safe