San Jose Mayor Matt Mahan and the police chief are touting a new court-ordered injunction that bars suspected drug dealers from downtown St. James Park as he eyes the strategy for other public spaces.
The city’s lawsuit sought the injunction against 10 people, and Superior Court Judge Roberta Hayashi only granted it for seven in late April . The lawsuit alleges the individuals have a history of arrests for dealing drugs including methamphetamine and cannabis. If found loitering within 100 yards of St. James Park, the defendants would be arrested, according to the mayor’s office.
The injunction approach could be used in other parts of town seen as “hotspots” for homeless residents struggling with addiction and mental health issues, according to Mahan’s Tuesday announcement.
It’s the latest in a string of other arrest and ban policies Mahan has pushed to get the unhoused and mentally ill population off the streets.
City Attorney Nora Frimann, who sought the injunction said her office didn’t track whether these people were convicted of crimes — and focused solely on arrest history. This news outlet could not immediately confirm the seven individuals’ conviction histories.
“My office had the arrest information so I don’t know about convictions – the activities are what we were focused on enjoining, separate from any final criminal penalties,” Frimann told San Jose Spotlight.
The police department declined to answer questions about whether the individuals were ultimately convicted.
The NAACP of San Jose/Silicon Valley said the injunction strategy lacks proper due process.
“It allows law enforcement mechanisms themselves — not the courts — to determine innocence or guilt before due process,” NAACP of San Jose/Silicon Valley President Sean Allen told San Jose Spotlight. “We recognize they’re going to expand this. Holding people accountable is one thing. But we’re concerned that there’s a pattern of discrimination here. We also suspect this will increase use of force levels.”
Mahan’s office declined to comment further, beyond the statement announcing the injunction. Mahan said the reputation of St. James Park – a historic centerpiece of downtown since the late 1800s – has declined in recent years due to drug dealing and the presence of homeless people.
“We won’t tolerate public drug sales or use in San Jose,” Mahan said in the statement. “Public spaces like our historic St. James Park must be kept open and accessible for the entire public to enjoy. I want to thank City Attorney Frimann for ensuring we use every tool at our disposal to keep drug dealers out of the Park and invite the rest of the community in.”
A spokesperson for the county courts and Judge Hayashi declined to comment, saying state law prohibits judges from speaking to media about pending cases.
Frimann said the injunction method could be used again.
“Both the San Jose Municipal Code and state law provide the basis to enjoin activities that impact the public health and safety, particularly on public property such as the Park,” Frimann told San Jose Spotlight. “The City currently does not have a specific plan for another injunction, but this is a tool that can and will be used if there is a similar documented history of public nuisance activities in other areas of the City.”
Police Chief Paul Joseph said he welcomed the strategy.
“I am hopeful that this novel approach will bolster our efforts to make St. James Park a safe and clean space to be enjoyed by all San Jose residents,” Joseph said in the mayor’s announcement.
The city’s lawsuit says police have consistently found these seven individuals with illegal paraphernalia at the park.
“These individuals gather on Park benches and other structures to engage in illegal activities. Those gathered for illegal drug activities also consume alcohol and smoke, in violation of Park rules. Under the influence, these individuals urinate and litter in Park spaces,” the city’s lawsuit reads
There are plans to turn St. James in a different direction. Earlier this year, City Councilmembers moved forward on a three-party operating agreement for the future downtown concert venue between the city, the national Levitt Foundation and Friends of Levitt Pavilion San Jose, a local nonprofit supporting the St. James Park project. In addition to the music pavilion, the reimagined park will include a picnic grove, garden and monument walks, fountain, dog park and playground.
Allen said his organization is concerned this injunction largely targets Black and brown people and will further entice the presence of Immigration and Customs Enforcement in San Jose, amid emboldened crackdowns under President Donald Trump. Several ICE crackdowns in East San Jose have sparked fear and calls for new, local-level protections by community leaders.
“The lack of due process and discriminatory harm – we’re seeing a connection between this and the ICE arrests,” Allen said.
Contact Brandon Pho at [email protected] or @brandonphooo on X.
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