SAN PABLO DREDGES UP 1889 LAW STATUTE BANS SELLING BOOZE TO KNOWN DRUNKS

``You lookin' for Mike?'' the man asked yesterday, as he nonchalantly slid
the cylinder-shaped brown paper bag away from view.

``You just missed him,'' said the 49-year-old San Pablo man who requested
anonymity. ``Cops came and hauled him away a cupla hours ago.''

Mike Fitzgerald is one of the San Pablo Eight, a crew of public drinkers
that police say are the worst in town.

Still, a person's gotta feel pretty special to know that the police care
enough to enforce a law especially for you.

On the books since 1889, the state law gives police the power to cite any
beverage store owner who sells alcohol to a known alcohol abuser, and in
San Pablo, the investigative efforts of the police have winnowed the number
of notorious alcohol abusers down to eight.

But even city officials concede that these aren't the only people in a city
of 23,800 people with a drinking problem.

``Oh god, no, we have a town full of drunks,'' said one official who wanted
to remain anonymous for reasons related to continued employment. ``These
are the eight people who are most public about it.''

Authorities have issued flyers with photos of the eight men to more than 25
liquor stores in town.

People who drink at home, the San Pablo police officer known for ordering
two beers at a time (and getting served empty bottles when he's had too
much) and anyone else who gets hammered aren't on the list.

``I arrested Mr. Fitzgerald for trespassing and public drunkenness,''
Sergeant Mark Foisie of the San Pablo Police Department said yesterday.

Foisie said he came across the arcane law after trying for more than a year
to negotiate with the denizens of Kennedy Park Plaza at San Pablo Avenue
and 23rd Street.

``We've tried the Barney the Dinosaur `give the guy a hug' approach,'' said
Foisie. ``I've gotten them jobs, bought 'em food, given them rides.''

In the negotiations, Foisie said, park regulars offered to police
themselves in return for a portable toilet. Foisie didn't go for it.

Foisie isn't a bad Joe, and over time he's developed a rapport and a
comfortable albeit contentious relationship with the Kennedy Plaza regulars.

Foisie described Dan Fenton, known on the street as ``Bible Dan.'' Fenton,
who once robbed a local bank with a demand note for $37.50, recently sent a
letter of apology to Chief Douglas Krathwohl after he was found napping in
a local fountain.

On the bank robbery: ``He needed to pay a bill,'' said Sharon Clifton, 45,
a regular at the city park.

And even though Foisie escorted Fitzgerald to jail yesterday morning, he
credits him with being the only one of the San Pablo Eight to stand his
ground on the issue.

A misconception circulating around this issue is that Foisie is picking on
the group because they are homeless.

Only two of them are homeless; the rest have homes.

Authorities don't expect to issue citations to beverage store owners. They
regard the flyers as an educational tool, like those radar signs put up to
inform motorists of their speed.

Nonetheless, the strategy has drawn the attention of law enforcement
officers from Sunnyvale, Sacramento and Fresno, Foisie said.

``I haven't heard of that, but it sounds like a good idea,'' said Officer
Greg Risby, an Oakland police officer who works on the departments's
Alcohol Beverage Action team.

Foisie isn't the first law enforcement officer to dredge up this tired old
law.

A San Francisco police officer who patrols the Haight Street area said that
on rare occasions local merchants have been ticketed after being warned not
to sell to certain known problem drinkers.

``About four months ago, I heard a police officer tell my brother that we
could be cited,'' said Tony Habash, co-owner of Cindy's Market, a family
business on the corner of Hayes and Cole streets in San Francisco.

How did they deal with the problem?

``We just stopped selling the popular 40-ounce beers and cheap liquors,''
he said.

Rory Robinson, San Pablo's city manager, admits the city would most likely
lose a court battle to enforce the law, but he still believes it focuses a
spotlight on people who need help.

``It educates people to let them know that there are some people who aren't
being served,'' Robinson said.

Well, at least not the San Pablo Eight. Not at a liquor store anyway.

Checked-by: Richard Lake