> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # More panhandlers prompt merchant-city debate - URL: https://www.smdp.com/more-panhandlers-prompt-merchant-city-debate/ - Published: 2002-07-09T15:00:00.000Z - Updated: 2026-10-23T00:27:46.000Z - Author: Carolyn Sackariason - Tags: Business, Promenade, #archive-import, Homeless *Merchants, city play blame game over beggar problem* Most people would agree that vagrants and transients on the Third Street Promenade are a problem. But there are varying opinions about what should be done about it and whose fault it is that it’s gotten out of control. About 50 Third Street Promenade merchants met last month to express their frustrations over transients sleeping in doorways in front of their stores, chasing tourists away through aggressive panhandling, and defecating and urinating in public. Many wondered out loud why the city isn’t doing more to stop a problem that has clearly worsened in the past several months. City officials say they are trying to deal with the situation, but there is no quick, easy solution. And they say it’s not fair that merchants are pinning the blame solely on City Hall. It is up to the mall merchants, as well as police and city officials, to tackle the issue head on, they say. While merchants continuously complain that transients chase away business, officials say they do little to end the disruption. It’s up to merchants to call police when they see vagrants breaking the law, then press charges and be willing to testify in court when it’s time to prosecute. “If you see a crime, contact the police, wait and tell the officers ‘I want this guy arrested,’ and be willing to follow through in the court process,” said Santa Monica Police Lt. Frank Fabrega. But most merchants aren’t willing to spend the time and energy in seeing the prosecution carried out, city officials say. “Without people taking that time and effort, we can’t follow through on prosecution,” said Mark Richter, manager of Santa Monica’s economic development department. Up to 75 vagrants sleep on the Promenade each night in the doorways of businesses. Once they are awakened by police at about 6 a.m., they spread out and begin their day begging tourists for change. But just because merchants don’t like them is not reason enough to arrest them. “We are not going to enforce the laws based on the merchants’ opinion,” Fabrega said. “People have a right to equal protection of the law.” A few politicians take exception to recent comments made by Promenade landlord Ernie Kaplan, who complained that no city representatives attended last month’s merchant meeting when dozens of horror stories were told about the problems vagrants create. But as Bayside District Corp. Executive Director Kathleen Rawson pointed out, the meeting was just part of a regular merchants’gathering when a number of issues were scheduled to be discussed and therefore city representatives weren’t invited. “I was never invited to the meeting,” said Councilwoman Pam O’Connor, who is running for re-election this fall and serves as the liaison on a task force that deals with Promenade issues. “I take special offense because I try to go to the meetings and work with Bayside.” The Bayside District oversees the outdoor mall and serves as a bridge between private business and the public sector. “The fact that the city isn’t responsive isn’t fair,” Rawson said. “Our board discussed it and the public safety committee will make a recommendation to the city.” City representatives did attend an official Bayside District Board of Directors meeting later that day when they explained trespassing laws and listened to merchant complaints. “The message is very clearly heard,” Richter said. “We need the cooperation of (the city, the police and the merchants) to take back people’s property rights.” While they all agree the problem has to be tackled collectively, officials from City Hall and the police department don’t agree on how to go about enforcing existing laws. City Attorney Marsha Moutrie said the state’s trespassing law should be more regularly enforced. The law makes it illegal to stay on private property if someone has been asked to leave. So technically, anyone who sleeps in a doorway, which is private property, should be arrested. “If we enforce the trespassing laws steadily, people may move along,” Moutrie said. “I actually think the easiest course is probably enforce the state’s trespassing laws. “My advice is before you adopt a new law, make sure you enforce the ones you’ve got,” she added. The catch to the trespassing law is that a business owner must file a letter with the city every 30 days saying they don’t want anyone on their property, which police then use as a complaint to make an arrest. Rawson said there are about 80 letters from Bayside merchants on file at City Hall. But if vagrants are sleeping outside the doorway and on the public street, the city’s camping law is applicable. That law makes it illegal to “camp” in public places. So if someone has items that suggest they are camping — such as a bed roll — they can be arrested. And because not all merchants have letters on file with the city that express their intent to keep vagrants off of their property, the police can’t enforce the trespassing law because it’s private land. However, if the city amended its no camping ordinance so it applies to private property, and in particular, the “vestibules” in front of the stores, then police could arrest the vagrants who sleep there. “We need a law that specifically addresses camping on private property,” Fabrega said. The police department also takes the position that the city’s policy on feeding people in public places like Palisades Park and City Hall attracts transients to the downtown area. “Perhaps the city should establish regulations for the feedings,” Fabrega said. ![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/070902-01_01.jpg) Homeless transients who beg for change and sleep on the Third Street Promenade are a common sight. (Photo: Del Pastrana/Daily Press) *Originally published in the Santa Monica Daily Press print edition on July 9, 2002.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/070902.pdf?ref=smdp.com)