Nearly two months after two black men were arrested at a Philadelphia Starbucks while waiting for a friend, the city’s police department announced a policy to determine when to arrest people accused of trespassing on private property, reports Philly.com. The policy encourages “greater discretion” from officers, who are now encouraged to deescalate disputes between business or property owners and an alleged offender. It requires them to request a supervisor to respond to the location. The policy establishes that the officer must witness the person’s refusing to leave before making an arrest.
Officers are not allowed to arrest someone if the owner or authorized person did not personally communicate that the offender was unwelcome, or if the owner or authorized person refuses to file a trespassing complaint. “The new policy provides officers with guidance on how to respond to calls about trespassing on private business properties that are open to the public,” said Police Commissioner Richard Ross. “This allows police to take actions, with the help of their supervisor, that are most appropriate in each individual case.” The policy is intended to guide police responses to calls to investigate and enforce complaints of “defiant trespass,” a Pennsylvania crime, ranging from a summary offense to a misdemeanor, in which someone enters or remains in a place where notice against trespassing has been given knowing he or she is not licensed or privileged to do so. The department was forced to reexamine its policies after the arrests April 12 of Rashon Nelson and Donte Robinson, who were waiting at a Starbucks for an acquaintance but didn’t purchase anything. The video of their arrest posted on Twitter was viewed more than 10 million times. The arrest prompted national outrage and discussions of racial profiling.