Jurisdiction issues can be dangerous

By Shea Zirlott
Posted 10/12/10

Richard Lowell, owner of Rick’s Gun and Pawn on U.S. Highway 59, just south of the Tanger Outlets, said his business is just 150 yards outside of Foley city limits and within the city’s police jurisdiction.

Despite the fact that his business …

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Jurisdiction issues can be dangerous

Posted

Richard Lowell, owner of Rick’s Gun and Pawn on U.S. Highway 59, just south of the Tanger Outlets, said his business is just 150 yards outside of Foley city limits and within the city’s police jurisdiction.

Despite the fact that his business is within the police jurisdiction, Lowell claims that on multiple occasions the Foley Police Department advised him to call the Baldwin County Sheriff’s Office for assistance instead of sending a Foley officer.

In emergency situations, Lowell said being told to call multiple agencies wasted valuable time and endangered his employees and his business.

Lowell also said the Foley Police Department is more likely to have an officer nearby, which would equal a faster response time in an emergency situation than the Baldwin County Sheriff’s Office. 

Foley Police Chief David Wilson previously stated at a Foley City Council meeting that, while the police department has pulled patrols out of the police jurisdiction, emergency services are still provided to businesses and residents within the police jurisdiction.

Jurisdiction lines cease to matter when an emergency situation arises according to Wilson.

However, Lowell claims since the police department has ceased patrols in the police jurisdiction he has had three incidents when he needed the assistance of the police department, but the police department did not provide the assistance he needed. 

When Lowell’s daughter was tending the store and employees feared a suspicious looking customer had intentions to rob the store, she called the Foley Police Department, but, according to Lowell, “they refused to respond and told her to call the Baldwin County Sheriff’s Office.”

“A Foley officer could have been here in two minutes,” said Lowell. Waiting for a sheriff deputy to arrive resulted in more stress on his employee than was necessary, and could have resulted in the incident escalating into a violent and dangerous situation. 

Another incidence where employees fretted over the sanity of a customer “had the same result” when the Foley Police Department was called, according to Lowell. The customer in this instance was acting erratically and talking to people who were not there.

Lowell also said an attempted burglary set off an alarm which alerted Hunter Security. Lowell said when Hunter Security called the Foley Police Department the security company was advised to call the Baldwin County Sheriff’s Office.

“It is a definite waste of valuable time when a burglary in progress is reported. Of the three incidences this is the one that upset me the most,” Lowell said. 

Lowell said he purchases a business license for Foley and collects the sales tax for Foley. However, he did stop paying for the alarm permit.

“Since they won’t respond, why should I have the permit?” said Lowell.

Lowell said he has no beef with the police department and is an avid supporter and contributor to police programs and fundraisers.

“I have no quarrel with the police department, as I know they are only following the directive given by the mayor and council,” said Lowell.

When Lowell first started encountering these problems, he said he called the City of Foley and asked if he still had to collect taxes and have a business license. He was told he still had to do both.

Lowell also said when he complained about the lack of police protection a city employee told him he would still have fire protection.

“I offered to trade her fire [protection] for police [protection] as I am much more likely to have a burglary or robbery than a fire.” said Lowell.

“It is just irritating that I collect and file taxes, purchase a business license and support fundraisers, but when I need them they don’t answer the call.” Lowell said.

The Foley municipal code states that the police jurisdiction extends three miles out from the corporate limits of the City of Foley, and any businesses within the police jurisdiction shall pay one-half of the amount for a license paid by like businesses within the city limits.