Gang Occupying 300 block of Haight again

[Kendall Willets]

Last night we once again had the same gang members taking over our and the neighbor's doorways.  They had a dice game in front of 365, and my wife says they took over our front steps during the afternoon.  

The beat officers that responded mentioned probation to at least one of them -- if they're on it can we get a stayaway condition added for Lower Haight?  I've already contemplated getting a restraining order against them for the serial trespassing, but this would be easier.  

[Ellen Eby]

How do you know they're in a gang? 

On Fri, May 8, 2015 at 10:17 AM, Kendall Willets <ken...@willets.org> wrote:

Last night we once again had the same gang members taking over our and the neighbor's doorways.  They had a dice game in front of 365, and my wife says they took over our front steps during the afternoon.  

The beat officers that responded mentioned probation to at least one of them -- if they're on it can we get a stayaway condition added for Lower Haight?  I've already contemplated getting a restraining order against them for the serial trespassing, but this would be easier.  

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[Kendall Willets]

Mainly their behavior.  I've been here long enough to recognize it, and security and law enforcement people have confirmed connections.

When the same group of people always show up for no legitimate purpose and loiter across the street from a housing project from which they're banned, that's usually a clue.  

[Kendall Willets]

We've got the same group for the second night in a row.  Last night it was the dice game at 371 Haight for 4-5 hours and 3 police calls.  Just now they had a wrestling match in front of 399 Haight, and they've been on the 400 block since the afternoon.

[Ellen Eby]

It's not illegal to be outside. Since when is the lower haight a gated community? 

[Kendall Willets]

SFPC § 277.
DICE THROWING IN CERTAIN CASES PROHIBITED
No person shall draw numbers, figures, letters or cards in the nature of a game of chance, or throw or count dice or engage or take part in any way therein, or in any game of chance of any kind whatever for money, thing in action, property or valuables of any kind whatever in a public place, or place open to public view, or where the same may be seen by persons being or passing upon the street or in the presence or view of two or more persons, including those engaged therein; and no person shall permit or suffer the same upon his or her premises or place, or upon any premises or place under his or her control; provided, that cube or poker dice may be thrown for merchandise within a place of business where such merchandise is ordinarily sold, by persons other than the proprietor of such business and the employees of such proprietor.

CPC 330.  Every person who deals, plays, or carries on, opens, or causes
to be opened, or who conducts, either as owner or employee, whether
for hire or not, any game of faro, monte, roulette, lansquenet, rouge
et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one,
hokey-pokey, or any banking or percentage game played with cards,
dice, or any device, for money, checks, credit, or other
representative of value, and every person who plays or bets at or
against any of those prohibited games, is guilty of a misdemeanor,
and shall be punishable by a fine not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both
the fine and imprisonment.

MPC 25 San Francisco Municipal Police Code Section 25 states that no person shall willfully remain upon any private property or business premise after being notified to leave by the owner, lessee, or other person in charge.  Notice may be oral or in the form of a written notice posted in a conspicuous place.  The first violation is an infraction; a second within 24 hours is a misdemeanor. 

1.1. Penal Code 415(1) unlawful fighting
"Unlawful fighting" is one form of disturbing the peace.
The legal definition of disturbing the peace through unlawful fighting consists of two facts (known as "elements of the crime"). Both of these elements must be proven for you to be guilty of this form of disturbing the peace. They are:
that you willfully and unlawfully fought another person (or challenged another person to fight), and
that the fight or challenge took place in a public place.
Alcoholic Beverage Code:
Q. 66. Is a licensee responsible for correcting nuisance conditions on or about the licensed premises?
A. Yes. Upon notice, a licensee must take reasonable steps to correct objectionable, nuisance conditions on or about the licensed premises and on abutting public sidewalks up to 20 feet from the premises. A licensee must correct the conditions within a reasonable period of time after receiving notice. The conditions include disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. Exception: Restaurants (License Types 41 and 47), hotels, motels, wineries, and beer manufacturers are not responsible for correcting nuisance conditions on abutting public sidewalks. (Section 24200[e][f][g])

[rachel owlglass]

It's also illegal to hang out on someone else's property - your stoop is your stoop

In the first email " taking over our and the neighbor's doorways"

See the picture - clearly on private property of the person bringing this up

So regardless of gang activity, drinking or gambling ... they're illegally on private property

[Elizabeth L.]

But are they actually doing anything really dangerous? 

Or is it just HELP POLICE! THERE ARE A BUNCH  OF BLACK TEENAGERS HANGING OUT. And FWIW: I've lived on 300 block of Haight for 22 years.

[Linda Crowder]

whatever

no one has the right to take over someone else's property

me personally if it's someone sitting down to make a quick phone call in the middle of the day - have at it

but if it's late at night or it's a bunch of people chances are it's loud & annoying & whomever it is should go do that on their own property

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[Kendall Willets]

Their behavior is somewhere in the middle.  They're not as nasty as the Page Street Mob were, but I don't see much good in following the same pattern that that group did.  

On Fri, May 15, 2015 at 12:23 PM, Elizabeth L. <elle...@gmail.com> wrote:

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[Linda Crowder]

bottom line - no reason for anyone to hang out on your stoop - if they wanna hang out they should do it at their own home

[Linda Crowder]

oh & ellen since you don't mind people hanging out on your stoop i'm going to start hanging out with 4 of my friends on your stoop

maybe you're home sick from work & trying to get some sleep - too bad, we'll be there

maybe you're sleeping in on a weekend - too bad, we'll be there

maybe it's late at night & you're trying to go to bed - too bad, we'll be there

maybe you're trying to get up your front steps with arms full - too bad, we'll be there

it's a warm day & you want to get some air because old lower haight houses don't have AC - well, you can listen in to our conversation while you're trying to read your book

....

my sorta-swiftian point is that it's more about invasion of space rather than who the person is - EVERYONE is annoying when they're invading your space

we have to deal with a lot of noise & when it's even a house or two away it's manageable

but when it's right. underneath. your. window. it's a bit much