Since August, one of the hot-button topics has been shopping carts. Specifically…the punishment for possessing one.

David Clarke via Unsplash
David Clarke via Unsplash
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In August the Las Cruces City Council passed an ordinance making it illegal for people to remove a shopping cart from a business.  I would think that would be already be covered by the pre-existing “don’t steal stuff” law. But, some Las Crucians think its targeting homeless people which, duh, it is.  Some argue that, for the unhoused, a shopping cart isn’t just a shopping cart. It’s a home. OK, but stealing a HOUSE is also already illegal.

The ordinance was proposed by the Las Cruces Police Chief Jeremy Story.  When the ordinance goes into effect October 16th (enforcement was delayed to get the word out) Story says people won’t be arrested for having a shopping cart. They’ll only be issued a citation UNLESS they have an active warrant for their arrest. In other words…they’re definitely getting arrested.

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Daniel Salgado via Unsplash
Daniel Salgado via Unsplash
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If they ARE arrested, they’ll be able to perform “community service” in lieu of going to jail. In these cases “community service” which could be counseling or treatment for substance abuse or mental health issues. So, this is clearly designed to get homeless people off the streets and, hopefully, to get them to get treatment, which is probably for the best.

The shoping cart ordinance also requires businesses to place a sign describing the ordinance next to the carts and come up with a shopping cart plan that has to be updated every year. That sounds more like the businesses that are having their carts stolen are the ones who are going to be punished. As any small-business owner will tell you, filing paperwork with the city is its own form of hell.

Las Cruces police stress that businesses will not be required to retrieve carts directly from homeless individuals and are, in fact, being advised NOT to.

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