Bail bondsmen have long been accustom to defending their industry in the court of public opinion and justifying their value to the legal system. They are constantly addressing concerns about private enterprise’s role in a government run judicial process. Questions of profiteering and ethics are a common theme among critics and opponents. However, the scrutiny, and some would say unfair prejudice, has ascended to new heights in San Jose, California. Now the very right of a bail bondsman to establish a place of business is being challenged by a proposed local ordinance there.
According to the, Bail Bonds Monitor, an imminent vote by the San Jose City Council could pass an ordinance that would treat bail bond agencies with much the same zoning requirements as adult book stores, bars and other highly scrutinized retail businesses. Essentially bail bond agencies would be lumped in with the other businesses that communities commonly associate with blight and urban decay. The fact that this initiative has survived public debate, and is now up for a city council vote, exemplifies just how low the public’s, and elected officials’, perception of the bail bonds industry really is. The presence of such a measure, begs the question; Are bail bond agencies as bad for the community and as undesirable as porn shops? Jose Luna of Luna Bail Bonds has a lot to say about the matter. Luna Bail Bonds, a small but largely successful family owned bail bonds agency employees seven employees, all with families to feed and take care of. Not only would this ordinance put Jose Luna and his family in hot water but also the family members of his growing team in jeopardy as well.
In response to complaints from residents living near the local jail, the city of San Jose imposed a two year moratorium on new bail bond businesses. The new ordinance is designed to pick up where the two year moratorium soon leaves off.
If the new ordinance passes, it would prohibit bail agencies from locating within 300 feet of another bail agency. In addition, the ordinance would also preclude bail agencies from being placed within 300 feet of schools, homes and parks. The limitation is very similar to those imposed on adult book stores and head shops in the city.
To further limit the visibility of bail bonds agencies, additional restrictions contained in the proposal would prevent bail agencies from occupying ground floor retail space. Essentially, bail bondsman would have to locate his or her business in the interior 1st floor offices or on upper floors of a multi story building. Finally, the ordinance would strengthen a requirement that mandates a special use permit for any bail bondsman that wanted to operate from midnight until 6AM .