News reports in California and in other parts of the country illustrate what some might fairly call an ongoing assault on shopping centers and retail stores. This includes everything from organized mass shoplifting raids on these merchants resulting in large-scale losses due to theft. It also includes situations involving trespassers who engage in a range of different types of harmful and even illegal activities on the premises of shopping centers and retail stores.
Examples of some of the more commonly occurring types of crimes committed by trespassers at commercial properties include:
- Shoplifting
- Vandalism
- Car theft or break-ins
- Assault or violence (perpetrated against employees and patrons)
- Fraud or scamming
- Drug possession or dealing
- Public disorder or disturbances
- Alcohol-related offenses
- Trespassing after hours
- Graffiti or tagging
- Property theft (stealing from patrons)
- Arson or fire-setting
Examples of other types of harmful activities of trespassers, and hazardous consequences of the presence of trespassers, include:
- Physical injury (patrons and employees)
- Damage to property (retail structures, employees’ property, patrons’ property)
- Disturbing others (patrons and employees)
- Personal safety (patrons and employees)
- Exposure to harmful substances (patrons and employees)
- Fire hazards
- Biohazards (as discussed in greater detail in a moment)
In this article, we discuss how to fight the scourge of shopping center and retail store trespassing and its highly harmful consequences. Our discussion is presented under a pair of crucial categories covering trespassing at commercial properties broadly:
- Addressing and preventing the presence of trespassers at a shopping center or retail store
- Remediating the aftermath of trespassers at a shopping center or retail store
Fast Facts and Stats About California Shopping Center and Retail Store Trespassing
The California Retailers Association conducted a comprehensive survey to garner insights into the issue of trespassing at retail stores, including shopping center trespassing. The survey revealed that a staggering 75 percent of California retailers experienced an increase in trespassing incidents and their aftermath in the past year. As reported by the media with regularity, and as this survey data underscores, a growing trend of unlawful activities in commercial establishments is occurring in many communities in the state. Underpinning nearly all of this illicit activity is trespassing.
The same survey by the California Retailers Association provided additional insights, showing that in response to the rise in trespassing incidents, 50 percent of California retailers increased security measures. This includes hiring additional security personnel, installing more security cameras, and implementing stricter access controls. Moreover, many shopping centers and retail establishments are searching for other effective ways in which trespassing, and its dangerous aftermath, can be addressed effectively and for the long term.
A separate report from the California Retailers Association notes that trespassing incidents often result in substantial financial losses for retailers. The report estimates an average loss of up to $1,000 per incident.
Major metropolitan areas in California have significantly felt the brunt of an expansive trespassing trend in recent years.
Los Angeles:
- Trespassing incidents in Los Angeles increased by 15 percent in 2023 compared to the previous year.
- The Los Angeles Police Department or LAPD reported a total of 2,500 trespassing cases in 2023.
- Downtown Los Angeles had the highest number of trespassing incidents, accounting for 30 percent of all cases.
- The majority of trespassing incidents occurred during nighttime hours, with a peak between 11:00 p.m. and 3:00 a.m.
- Arrests related to trespassing made up 10 percent of all arrests made by the LAPD in 2023.
Oakland:
- In 2023, cases of trespassing in Oakland increased by 15 percent compared to the previous year.
- The majority of trespassing incidents (60 percent) occurred at shopping centers or other retail establishments.
- In 30 percent of trespassing cases, the perpetrator was under the age of 25.
- Only 20 percent of trespassing cases resulted in arrests.
- The month with the highest number of trespassing incidents in 2023 was July.
San Francisco:
- Trespassing incidents in San Francisco increased by 10 percent in 2023 compared to the previous year.
- Approximately 40 percent of trespassing incidents in 2023 occurred in the downtown area.
- Commercial properties were the most common targets of trespassing, accounting for 60 percent of all incidents.
- An estimated 70% of trespassing incidents in 2023 resulted in property damage.
San Diego:
- In 2023, San Diego experienced a 15 percent increase in trespassing incidents compared to the previous year.
- The majority of trespassing incidents, around 65percent, occurred in commercial rather than residential areas.
- About 40 percent of trespassing cases were reported in the downtown area, the highest of any district in San Diego.
- Only 20 percent of trespassing incidents in San Diego in 2023 resulted in an arrest.
- Trespassing incidents tended to spike in the summer months, with July having the highest number of reports.
Addressing and Preventing the Presence of Trespassers at a Shopping Center or Retail Store
The California Judicial Branch, in accordance with companion statutes, enumerates seven general categories of restraining orders available in the state, only one of these can have the potential of providing protections to shopping malls and retail stores in the Golden State, including patrons and employees. The type of injunctive relief that can be of assistance to shopping centers or retail stores dealing with trespassers (in certain circumstances) is what is known as the workplace violence restraining order.
We explore how a workplace violence restraining order specifically might have the potential to protect employees of shopping malls and retails stores from trespassers. We also explore the availability of an injunction if a shopping center, retail store, or commercial property management company is able to file a lawsuit against a trespasser. Finally, we had the opportunity to interview California attorney John Dahlberg of the law firm of Dillingham and Murphy in regard to tried and tested legal strategies he and his colleagues have developed to address the scourge of trespassing in shopping centers and other retail locations in the state.
Workplace Violence Restraining Order
A California workplace violence restraining order is a legal injunction issued by a state court. Its primary purpose is to deter individuals from committing acts of violence or threats of violence in the workplace, including threats being made by an individual who trespasses at the premises of a shopping center or retail store. The order is a tool to protect employees and promote a safe working environment – and to work to eliminate threatening trespassers from the premises.
The order is typically issued in circumstances where an employee has suffered from unlawful violence or there exists a credible threat of violence. This could range from verbal threats to physical harm.
As noted, the scope of a California workplace violence restraining order is not limited to physical harm. It also covers any conduct that causes a reasonable fear for safety or induces serious emotional distress. This includes behaviors such as stalking, harassment, or any other actions that can psychologically impact an individual. Unfortunately, trespassers at shopping centers and retails stores quite often make threats of violence against employees.
Violation of this type of restraining order is treated seriously by police and courts. It is considered a criminal offense and can result in severe consequences. The offender may be subjected to jail time, fines, or both depending on the gravity of the violation. This serves as a deterrent to trespassers in a good many instances.
Attorney John Dahlberg pointed out a challenging aspect of obtaining workplace restraining orders in a shopping center setting. As mentioned a moment ago, these types of restraining orders can be issued when an employee faces harm. The reality is that in many instances a target of workplace harassment is an employee of a tenant in a shopping center and not the enterprise that owns the shopping center itself.
In many instances, employees of a company that owns a shopping center are not present onsite. One exception are security guards who, while not necessarily direct employees of a shopping center, are at a minimum agents of those enterprises. If a security guard is targeted by stalking, harassment, threats of physical harm, or actual physical assault, a workplace violence restraining order might be an available avenue of relief.
Injunctive Relief Via a Lawsuit Against Trespasser or Trespassers
There are instances in which a shopping center or retail store may be able to obtain injunctive relief against a trespasser or trespassers by filing a lawsuit against the individual or individuals in question. According to John Dahlberg, attorney at law writing in California Centers, January-February edition:
A California superior court will issue a temporary, preliminary, and permanent injunction against persons who trespass or create disorder, commit crimes, cause nuisances, and disrupt business. Owners and managers can seek emergency trespass and nuisance restraining orders when they file a new lawsuit. In some counties, it takes about a week, in others, two or three.
This type of injunction can serve as a legal barrier, protecting the property owner’s rights and preventing the trespasser from causing further damage or disturbance.
Before filing for an injunction, it is essential to gather evidence of the trespass. This can include photographs or video footage of the trespasser in the act, and any damage they have caused. The evidence should be as comprehensive as possible to build a strong case.
As part of the injunction process, the court will require a detailed account of the trespass incidents. This should include specific dates and times, along with descriptions of the events. This account allows the court to understand the extent and nature of the trespassing incidents.
The plaintiff, or the person seeking the injunction, must convincingly prove to the court that the injunction is necessary to prevent further harm. The plaintiff may need to show that the trespasser’s actions have caused or will cause irreparable harm that can’t be adequately compensated with money.
If the injunction is granted, the trespasser could face serious legal penalties for violating it. These penalties can include fines or even jail time, depending on the severity of the violation and the laws of the jurisdiction. It’s important to note that the court takes injunction violations very seriously.
Violations of an injunction can be considered contempt of court. This is a serious offense that can lead to additional legal consequences, including further fines or even imprisonment. This underscores the gravity of an injunction and the importance of adhering to its terms.
The duration and terms of the injunction can vary widely. They’re typically set by the judge based on the specifics of the case, including the nature of the trespass, the harm caused, and the likelihood of future violations. The injunction may be temporary or permanent, depending on these factors.
Given the complex nature of the injunction process, seeking legal counsel is highly advisable. A lawyer can provide valuable guidance and ensure that all legal procedures are correctly followed. A lawyer can assist in building a strong case and effectively arguing it in court.
Practical Affects of Seeking a Restraining Order Via a Lawsuit
Attorney John Dahlberg, who has handled hundreds of these types of lawsuits to obtain restraining orders against trespassers, highlights some of the important practical affects of taking this course in regard to trespassers at shopping centers and other retail venues. For example, Mr. Dahlberg estimates that somewhere between 80 to 90 percent of trespassers who are served with papers pertaining to a lawsuit and associated restraining order depart the premises and never return.
Mr. Dahlberg further explains that a considerable majority of shopping center trespassers are what he calls “frequent fliers” within the criminal justice system. In other words, many of these individuals are on parole or probation or have extensive records that leave them committed to avoiding getting further in the crosshairs within the justice system.
Restoring Value to Shopping Centers
The presence of trespassers at shopping centers negatively impacts the value of shopping centers. Taking affirmative steps like those described in this article works to restore the value of a shopping center.
Municipal Ordinances and State Statutes on Trespassing
There do exist municipal ordinances and state statutes making trespassing unlawful. While not meant as a criticism of law enforcement, the stark reality is that these ordinances and statutes are not regularly enforced. There is a host reasons why this is the case. The reality underscores the need to take advantage of the civil remedies discussed previously in this article. The pair of injunctions presented provided tools through which law enforcement can more directly be invoked to address trespassing and associated encroachments at a shopping center or retail store.
Another reality is that a shopping center or retail store need not – really, should not – go it alone when working to protect premises from the harm caused by trespassers. Seeking experienced representation by dedicated legal counsel is an advisable course.
Attorney John Dahlberg represents shopping center owners and managers who desire to effectively eliminate trespassers, make their premises safer and more attractive to patrons and prospective tenants, and to restore value to the property overall. Mr. Dahlberg is available to shopping center owners and managers 24 hours a day, seven days a week to respond to a situation involving dealing with trespassing and related incidents occurring at a shopping center. He can be reached at (415) 264-5401.
Remediating the Aftermath of Trespassers at a Shopping Center of Retail Store
There is another challenging aspect of trespassing at shopping centers and retail stores that needs to be addressed. Time and again, biohazard remediation is necessary at commercial settings like these in the aftermath of trespassers occupying or invading the property.
Biohazards can be left behind at a shopping center or retail store, even in situations in which trespassers loiter on the premises for a relatively short period of time. Examples of biohazards that contaminate the expanse of shopping centers (including stairwells, parking lots, and areas directly next to structures) include:
- Discarded needles or other drug paraphernalia: Used needles can be a potential source of HIV, hepatitis, and other diseases. They can also cause injury to other people who might accidentally step on them.
- Human waste: Human feces and urine can spread diseases, especially if they come into contact with food or water sources.
- Contaminated clothing or bedding: Clothes or bedding left behind by trespassers could be contaminated with infectious diseases, parasites, or drug residues.
- Food waste attracting pests: Discarded food can attract rats, roaches, and other pests, which can spread diseases and create a nuisance.
- Discarded medical waste such as bandages or face masks: These can potentially be contaminated with blood, bodily fluids, or infectious diseases, posing a risk to others who might come into contact with them.
- Animal waste if trespassers have pets: Animal feces can spread diseases and parasites, and they can also attract pests.
In a manner similar to seeking professional legal assistance to attempt to quash trespassing more proactively, shopping center and retail store managers and owners need to consider seriously engaging the assistance of a professional biohazard remediation company like Eco Bear. Eco Bear has the well-trained team of remediation specialists and the latest technology to eliminate biohazards at commercial properties resulting from trespassing, including everything from homeless encampments and more isolated instances of unauthorized intruding onto the premises.