New Trespassing Policy Rolled Out After Philly Starbucks Arrests

PHILADELPHIA – In the wake of the Center City Starbucks incident in which two black men were arrested for "trespassing," the Philadelphia Police Department said it was planing to amend its trespassing policy. And on Friday, June 8 the department rolled out its new policy for handling such incidents.

"After examining various aspects of the incident that took place at Starbucks coffee shop in Center City on April 18, department leadership recognized a need for a policy that would better guide officers when called to investigate and enforce defiant trespass complaints," the department said in a press release Friday.

In reviewing its defiant trespass policy, the department determined that there was no specific trespassing policy addressing what happens when officers are called to a private business that operates a "quasi-public" space, which effectively led to the arrests of Donte Robinson and Rashon Nelson on April 12.

As a result, the department created and issued a Commissioner’s Memorandum, which addresses that issue.

The memo officers guidance on how officers respond to calls related to trespassing on private business property that is open to the public, such as a Starbucks.

"This allows police to take actions, with the help of their supervisor, that are most appropriate in each individual case," Philadelphia Police Commissioner Richard Ross said. "We’ve made a lot of progress and will continue to do so as we explore and implement new practices that reflect the importance of diversity, public safety and accountability."

The new policy, which is effective June 8, will guide police response to calls for defiant trespass in areas where state statutes are not covered.

According to the memo, officers responding to defiant trespass calls made by property owners or authorized parties must "attempt to deescalate and mediate the disturbance between the owner and the offender." Responding officers who are not Crisis Intervention Team (CIT) trained must request a trained officer and request a supervisor come to the location.

In the event that the above efforts are unsuccessful, the new policy says five conditions must be met to make a defiant trespassing arrest. Those are:

• the offender must know and understand that he/she is not allowed to enter the property or remain on the property;
• notice must have been provided to the individual;
• the individual must intentionally defy an order to leave personally communicated to him/her by the owner of the property or other authorized person;
• the refusal to leave, must be committed in the presence of the officer, and;
• the owner or other authorized person must be a complainant to establish that an actual order to leave the property was communicated and denied. In this context, Police Officers are not "other authorized persons," which is a term is used to define other persons with authority or control over the property. The owner/authorized person must provide a signature confirming they want to prosecute the individual.

However, regardless of whether a misdemeanor arrest is appropriate under the defiant trespass law and the business owner or other authorized person is willing to prosecute, the responding police supervisor will examine "all available facts and circumstances" at the time. If the the supervisor finds a reasonable suspicion that the owner or other authorized person is trying to misuse the police power, the supervisor can decline making an arrest.

In those cases, supervisors will notify the owner or other authorized person of their decision and let them know how to file a private criminal complaint. Despite the decision not to arrest for a defiant trespass violation, the supervisor and officers on scene will retain full discretion to arrest or cite for any other crimes committed in their presence, as needed, to maintain public safety, the policy says.

Mayor Jim Kenney lauded the department for examining the policy and making changes to it.

"I’m pleased that the Philadelphia Police Department thoroughly reviewed its internal policies and created clearer guidance for police officers responding to calls related to trespassing on private business property that is open to the public," he said in a statement. "I view this policy as another positive step as our City learns and grows from the Starbucks incident."

Kenney's statement goes on to say his administration plans to propose legislation shifting defiant trespass from a criminal offense to a civil offense. This would lead to fines being issued rather than arrests being made.

"As I said at the time of the incident, pain can lead to progress, and this new policy is an important milestone on that journey," Kenney said.

Not only did the Starbucks incident spur the policy change, it led to the department taking additional steps to turn the incident in April into a positive learning experience.

The department’s Internal Affairs Division conducted an investigation into the actions taken by the officers, and determined that the officers adhered to state law mandates and did not violate department violate policy as it existed then. Also, the police department is reviewing its implicit bias training for opportunities to enhance the effectiveness of the training in the future.

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