San Jose is employing a new tool in its prolonged efforts to clean up St. James Park: a court order prohibiting alleged drug dealers from coming within 100 yards of the historic, downtown square.
A fixture in the city since the late 1800s, the park in recent decades has become less of a serene gathering spot for residents and workers, and more a place associated with crime, blight and homelessness.
In March, the city asked a Santa Clara County Superior Court judge for an injunction against 10 people they say have frequently been arrested in the park for drug-related crimes, booked into jail and then quickly released only to be found engaging in the same activities.
“The efforts of San Jose Police to investigate and enforce drug and nuisance laws have not been enough to prevent certain repeat offenders from returning to the park to use and sell drugs and engage in other behaviors that negatively impact the park, nearby residents and businesses, and those who visit the many surrounding public buildings,” City Attorney Nora Frimann and Deputy City Attorney Vance Chang wrote in the March 26 court filing.
Judge Roberta S. Hayashi granted the preliminary injunction on April 29, and it will last nearly two years, through April 21, 2027. Those identified in the court order will only be exempt if they are traveling to or from the nearby courthouses or the adjacent United State Post Office or waiting for a train or bus.
Mayor Matt Mahan, who has been vocal about cracking down on open-air drug markets in the city, announced the news of the injunction this week.
“We won’t tolerate public drug sales or use in San Jose,” Mahan said in a news release. “Public spaces like our historic St. James Park must be kept open and accessible for the entire public to enjoy.”
San Jose Police Chief Paul Joseph said in a statement that he is “hopeful that this novel approach will bolster our efforts to make St. James Park a safe and clean space to be enjoyed by all San Jose residents.”
The news release from the mayor’s office said they expect the named individuals to be arrested and jailed if they’re found in violation of the order, which is a misdemeanor. If the injunction is effective, the mayor’s office said it could be used to “restore safety in other areas of San Jose that are plagued by drug dealing, and consequently, become hotspots for homeless residents suffering from addiction and mental health issues.”
Similar injunctions in cities across the nation that have blocked suspected gang members from entering certain neighborhoods have been the subject of much scrutiny by the American Civil Liberties Union. The nonprofit civil rights group decried the court orders as “ineffective policing tools” that give police officers broader authority to make arrests.
For years, San Jose has tried to revitalize the 7.5-acre park, hitting road blocks over lawsuits and funding. The city has opted to tackle improvements in phases, with the first phase, a $20 million pavilion, inching close to reality. A broader revamp of the park is estimated to cost as much $70 million.
Earlier this year, the city said it was negotiating an agreement for the development and operation of the future Levitt Pavilion. The Levitt Foundation partners with cities to revitalize underutilized outdoor spaces through free public concerts. San Jose would be the eighth city in the country with a Levitt Pavilion if the project is completed.