Sacramento City Attorney threatens to fine Target for reporting too many thefts to police

The warning came from City Attorney Susana Alcala Wood's office, a source with knowledge of the matter told the Sacramento Bee. The threat has been slammed by law enforcement officials and state lawmakers, who asserted that crime victims have the right to report crimes that happen to them. As a result, California lawmakers added an amendment to a retail bill that would outlaw such threats made by officials.

Alexander Gammelgard, president of the California Police Chiefs Association, testified at the state Assembly's first retail committee hearing in December, and said: "I was also surprised that anyone would ever attempt to make a nuisance case out of somebody calling to report a legitimate crime."

"I don't think there is a place for that," he asserted. A police spokesperson confirmed to the publication that three Target stores located in Sacramento have seen a significant increase in thefts from previous years. Police received a total of 375 calls related to theft, robbery, and shoplifting in 2023. Of those calls, police took about 80 crime reports. This is compared to 175 calls made in 2022 and 87 calls in 2021. Out of the 375 calls in 2023, police made approximately 55 arrests, according to the data.

The situation was disconcerting to Blake Randol, a criminal justice professor at California State University, Stanislaus, who explained the purpose of the action is to prevent a person or entity from causing disorder. He told the publication that the city's obligation is to assist its residents, and a public nuisance charge could discourage a business from reporting crimes. He added that city officials may issue warnings so there could be a reduction in crime statistics.

"What's problematic is that what Target is complaining about is a legitimate crime concern," said Randol. "The city does have a responsibility to be more responsive to the public and be responsive to crime control demands from the public."

An amendment to Assembly Bill 2943 is expected to be voted on this week, which would dissuade cities from threatening retailers seeking help from authorities. "The bill would clarify that local law enforcement or a local jurisdiction is prohibited from bringing a nuisance action against a business solely for the act of reporting retail crime unless the report is knowingly false," the amendment reads.

However, not everyone is on board. Clark Kelso, a professor at the University of the Pacific's McGeorge School of Law, told the Sacramento Bee that "there is no question" city attorneys have the authority to issue public nuisance charges against businesses that know their property is dangerous.

Kelso argued on behalf of city attorney Wood and claimed that a large number of calls for theft-related retail cases could pull police resources from responding to higher-priority calls.