Pubdate: Mon, 30 Jul 2001 Source: Atlanta Journal-Constitution (GA) Copyright: 2001 Cox Interactive Media. Contact: http://www.accessatlanta.com/ajc/ Details: http://www.mapinc.org/media/28 Author: Joshua B. Good Bookmark: http://www.mapinc.org/af.htm (asset forfeiture) COUGHING UP FOR CRACKDOWN A Federal Operation Forces Property Owners To Fight Drugs At Their Own Expense For six years, owners of a tiny strip mall in northwest Atlanta have asked government officials to help rid the area of drug dealers. The government's response: Hire off-duty cops to patrol the strip mall or we will take your property. The family members who own the Hollywood Plaza in northwest Atlanta have not been accused of any crime. They pay their taxes. They call 911 when there is a problem. But the owners have been caught up in the U.S. attorney's Operation Crackdown. It is a 3-year-old program aimed at cleaning up crime-ridden areas of Atlanta by shifting responsibility from police to people who own property where drug dealing flourishes. If owners don't comply with government demands, the feds can go to court and attempt to seize the property. Many city businesses, including Buckhead bars and supermarkets all over town, opt to hire off-duty police officers to provide extra security. It's a choice they make, an expense they factor into the cost of running their business. The owners of Hollywood Plaza weren't given a choice. So far, complying with demands from the U.S. Attorney's Office has cost the Hollywood Plaza owners about $45,000, said Tasha Greer, one of the family owners of the strip mall. That includes the $14,508 a month it costs to pay the three cops who stand guard at the property. The security costs the owners about $10,000 a month more than they get from rent, Greer said. They had to get a loan to cover the loss. "We can't afford it," Greer said. "The thing that's most unfair is having to hire police officers." Police and federal prosecutors say the extra security is the best way to quickly fix the problem, especially since Hollywood Plaza is a magnet for drug deals. Metal grates and bars cover all the windows at the Hollywood Plaza, which has two convenience stores, a pool hall, a soul food restaurant, a beauty salon and a laundromat. Drug dealers often hang out in front of the pool hall or sit on a wall across the street from the mall. Police made at least 32 drug arrests there from January of 1999 to September of 2000, according to the U.S. Attorney's Office. One day in May, police received 20 calls at the strip mall. Patrick Crosby, spokesman for the U.S. Attorney's Office, said the feds do not want to seize the mall. "We're trying not to take her property," Crosby said. "We're trying to clean it up by working with the family and the Atlanta Police Department." Operation Crackdown has targeted about 110 properties in Atlanta during the past three years, Crosby said. Most were abandoned houses taken over by crack cocaine dealers. Fewer than 10 percent of them were seized. In most cases, owners clean up the property and work with police to get rid of drug dealers, Crosby said. Of those 110 properties, federal prosecutors have required the owners of 12 commercial properties with drug problems to hire off-duty cops. Those businesses were restaurants, stores and large apartment complexes. None of the commercial properties were seized. Maj. Vince Moore, commander of the Atlanta police precinct that includes the area around Hollywood Plaza, is a big advocate of working with the U.S. Attorney's Office to clean up drug areas. He believes the federal intervention led to cooperation of the strip mall's owners and eventually will lead to a better neighborhood. "We can go lock up people all day long . . . but when the owner gets involved and cleans up their property then things get done," he said. Without the possibility of seizure, some property owners aren't motivated to make improvements, he said. "That's one of the most useful tools we can use." Police patrol the area on a regular basis, but can't post an officer there all the time, Moore said. Atlanta residents pay for 1,800 police positions, but only 1,425 cops are working for the department. That number does not include recruits in training. Even if 1,800 cops were working for the department, there would not be enough to post an officer on private property, said Maj. Calvin Moss, police spokesman. Perry Boulevard has long been a notorious crime area, but the area has undergone dramatic changes in the past two years. The Perry Homes housing project was shut down in August of 2000. Developers plan new townhomes and a golf course on the nearby Gun Club landfill, said Atlanta City Councilwoman Felicia Moore. Felicia Moore said she sees Hollywood Plaza's future as a mixture of upscale retail and apartments. She introduced Greer's grandmother, Madelyn Chennault, to developers who are interested in buying the strip mall. For now, the Hollywood Plaza owners aren't selling. Operation Crackdown has its roots in laws passed during the Reagan administration. In 1984, America's drug war targets expanded from people to property when the U.S. Congress passed laws allowing federal civil seizures of private property that officials claimed was connected to drugs. In 1993, the U.S. Supreme Court ruled the government had to give owners a hearing before they could seize property. Last year, Congress passed a law shifting the burden of proof from property owners to the government. The feds can still seize property as long as they prove owners did not make reasonable steps to rid their land of drug dealers. The U.S. Attorney's Office may not file forfeiture proceedings against Hollywood Plaza, especially since the owners have taken some steps to comply with the federal demands, Crosby said. Prosecutors will review the case in the coming months to see whether the area is drug-free. Greer installed tamper-proof security lights, removed all pay phones to keep drug dealers from using them and bought a chain-link fence to keep people from walking between the Hollywood Plaza and a high-crime park behind the strip mall. In the meantime, police, paid for by the Hollywood Plaza owners, will continue to guard the strip mall. Crosby said prosecutors demand the use of off-duty cops at troubled commercial properties because police have more arrest powers than security guards and owners. Private citizens cannot stop someone for trespassing. Instead they have to call and wait for the police. Often, unwanted drug dealers walk away before police arrive. The off-duty cops at Hollywood Plaza have not made an arrest since they started working there July 5. Crosby said the requirement to hire off-duty officers is not a job placement program for police, but an innovative way to quickly clean up a problem area. "APD can't be there 24/7," Crosby said. Reaction in the neighborhood is mixed. The Rev. Carlos Simon runs the Galilee Way of the Cross Church across the street from the strip mall. He said the mall's owners have been good neighbors and cooperate in community meetings to get rid of drug dealers. The problem, he said, are abandoned apartment buildings called Parkside where prostitutes and drug dealers have moved in, despite boarded up windows and doors. The U.S. Attorney's Office threatened to seize that property, too, and the owners evicted all the tenants. A small unkempt park behind the strip mall also attracts criminals, Simon said. The occasional police sweeps in the area are helpful, but not enough, he said. The presence of the off-duty cops has brought down crime, said Gene Holley, owner of the Ax Handle & Sons Convenience Store, which is in the strip mall. "Since they have been here it has been peaceful," Holley said. But he worries government officials, frustrated by their inability to stop drugs, are targeting legitimate business owners. "The police would come out a couple times, but you know you arrest 10, here will come 10 more," Holley said. "They feel they can't catch them, so they target us." PAY MORE, OR LOSE PROPERTY Federal prosecutors told owners of the Hollywood Plaza strip mall to pay extra for police protection or the feds would seize their property. The tactic is part of a strategy to rid neighborhoods of drug dealers. But the Hollywood Plaza owners are not suspected of a drug movement. - --- MAP posted-by: Larry Stevens