We’re blaming the mistaken issues for San Francisco retail theft
Over the past month, our city has been caught in the crossfire of attacks on criminal justice reform following multiple high-profile thefts from luxury stores in the Bay Area and across the country — including San Francisco’s Union Square. The all too common response to these crimes has been calls for more policing and attacks on progressive reform, but these knee-jerk responses are short-sighted. To achieve lasting public safety, we need to think differently about these crimes. If we really care about preventing these crimes – like others – then we need to implement the systemic changes needed to make a real difference.
While these crimes have understandably frightened store associates and shocked those who watched viral videos capturing the events, these types of thefts, in which multiple people run into a store and steal items, are not new — reports of similar crimes abound years back. They happened during the Trump administration, and they happened in cities like Los Angeles under the previous rule of an anti-reform prosecutor. Nor are they isolated to the Bay Area or even progressive cities — retailers in Texas, Minnesota, Florida and beyond were all targets.
Still, some mistakenly blame criminal justice reforms—and reformers—for these crimes. Some have falsely accused progressive prosecutors like me of not being held accountable, despite my firm’s high prosecution rates for these types of crimes and our transparency on filing rates. And some have pointed to laws like Proposition 47 — which reduced some theft and drug possession charges to misdemeanor — as somehow responsible for those crimes. These are diversionary maneuvers.
Although Fox News might have you think otherwise, the truth is that as the District Attorney of San Francisco, I hold accountable those arrested in connection with the Union Square crimes. My office has filed criminal complaints against every person the San Francisco Police Department has arrested for these crimes. We presented evidence at a preliminary hearing where a judge agreed that there is probable cause to proceed for all offenses except looting – a reminder that aggressive charges do not necessarily lead to convictions. Accountability is important and my office is pursuing it vigorously, as we have done in 86% of the commercial burglary cases brought to us by the police this year. For comparison, police arrested just 8.8% of commercial burglaries this year.
Organized retail theft is not a problem that can be tackled through law enforcement solutions alone – they come after a crime has been committed. Public safety is the shared responsibility of police, city officials, prosecutors and courts — and also requires help from retailers, community groups, healthcare providers and community members. State and city officials make laws; police investigated and arrested; prosecutors bring charges and prosecute; and the courts dismiss or arrest and convict. Prosecutors receive cases only after a crime has occurred and the police have made an arrest. Fighting crime can only happen through a sense of shared responsibility.
Blaming legislative reform is also wrong. Reversing Proposition 47 would not solve the problems we now face. California’s $950 theft threshold is still among the lowest in the country — 38 states have a threshold of $1,000 or more — and Texas has a $2,500 threshold. Proposition 47 was also passed seven years ago and a decline in property crimes has followed. Its passage did not prevent prosecutors from prosecuting those responsible for organized retail theft; For example, all charges in Union Square were still felonies.
To prevent these crimes before they happen and ensure long-term public safety, we must focus on supporting victims and tackling the root causes of crime, rather than one-sidedly on law enforcement responses or pushing back on reforms.
Police stand guard outside the boarded up windows of the Louis Vuitton store in Union Square in San Francisco on Tuesday, November 23, 2021.
Charles Russo/SFGATE
Supporting victims means meeting the needs of all victims, not just the powerful or wealthy. The focus on increased surveillance to support high-end retailers has meant victims of theft targeting smaller businesses – including numerous Chinatown stores – have been largely overlooked. These incidents have not received mainstream media attention, and the city has not invested the same resources in protecting these businesses as the larger corporations in Union Square.
I have often found that we talk about punishing the perpetrators, but not about making amends for the harm done to the victims. Last year, my office ran a District 5 Victim Services pilot that compensated small businesses that experienced vandalism. This pilot project has now been extended to the whole city. I have significantly expanded our firm’s victim services department, hiring for the first time attorneys dedicated to serving victims of property crime.
Long-term security for all people requires more from us than simply responding to crime. We must work to reduce crime. Investing in the social safety net – which keeps everyone safe – goes a long way. Affordable housing, quality education, access to health care, and addiction services can provide the stability that empirical evidence suggests actually deters criminal activity.
Of course, not all crimes are crimes of desperation. We should focus our resources on opportunists who are intentionally trying to commit these crimes — like prosecutors my office announced Monday following a large-scale retail organized theft.
We are at a turning point in San Francisco; we run the risk of making fear-driven decisions. We should not go back to the days of jailing every person who committed even the smallest misdemeanor – a practice that not only failed to stop crime, but also had a disproportionately large impact on over-watched communities of color. Returning to these criminal justice policies offers no solution. We can have both security and justice.
I am committed to a comprehensive response that investigates, identifies and holds those responsible, supports victims, and prevents future crimes. Only through this multifaceted approach will we be able to build better, safer and more just communities.
Chesa Boudin is the District Attorney of San Francisco.
