As small business owners in San Jose, we urge residents across the region to support Proposition 36 in this week’s election. We believe this measure is crucial not only for the safety and well-being of our communities but also for the future of local businesses like ours, which have been hit hard by rising crime, particularly theft and drug-related issues. For us, this isn’t just about public policy—it’s about protecting the small, independent establishments that contribute to the unique character and economic vitality of San Jose.

Thefts and break-ins have surged since the passage of Proposition 47 in 2014, which downgraded many theft and drug offenses to misdemeanors. Many local businesses have felt the impact. Urban Body San Jose, located in the city’s Rose Garden/Alameda neighborhood, has struggled with vandalism and recent break-ins. And in downtown San Jose, Sushi Confidential has faced similar challenges. These issues detract from our ability to focus on providing a quality experience to our customers.

Proposition 36 offers a way to address these challenges. It allows for tougher sentencing for theft under $950 and drug-related crimes if the offender has two prior convictions, including harsher penalties for serious drug offenses such as fentanyl trafficking. This proposition aims to close the loopholes created by previous legislation, specifically targeting repeat offenders while encouraging treatment for those who need it.

Why Prop 36 Matters to Small Businesses

Thefts and drug-related crimes are not victimless. For small businesses, repeated incidents of theft not only cut into profits but also create a climate of fear and instability. We’ve all seen the effects that shoplifting and break-ins have had on businesses around the Bay Area, from retail stores to restaurants.

When businesses must account for losses from theft or damages, it means fewer resources available for hiring staff, investing in our communities, and keeping prices reasonable for customers.

Supporters of Prop 36 believe this measure strikes a necessary balance. While it increases penalties for repeat offenders, it also provides an option for drug treatment instead of prison time for individuals caught with smaller amounts of illegal substances. This approach aims to protect businesses and public spaces from those taking advantage of lenient laws while still allowing room for rehabilitation and treatment for people who truly need help.

Protecting San Jose's Economy

San Jose’s small businesses are the backbone of our neighborhoods. From the beloved cafes and restaurants to the specialty shops and services that make our community special, local businesses bring vibrancy and economic sustainability to the area. Without stronger enforcement of laws against theft and drug-related crimes, many of these establishments may not survive.

Prop 36 is particularly important because it takes aim at organized retail theft, a growing problem that’s affected not just big brands but local businesses. By increasing the severity of punishments for those who steal under $950 and reducing the "catch-and-release" policies that have enabled serial offenders, the proposition offers a better future for shop owners and their customers alike.

The Human Element

While we support stronger penalties for repeat offenders, we also understand the need for compassion and rehabilitation. Many people dealing with addiction and homelessness need access to treatment, not just punishment. Prop 36 includes provisions that encourage treatment for drug offenses, recognizing that rehabilitation is a key part of reducing crime in the long run. By including pathways to treatment and recovery, the proposition ensures that we are addressing not just the symptoms of drug abuse, but also the
root causes.

We need a safer San Jose, not just for our businesses but for everyone who lives here. Prop 36 offers a balanced approach that protects our businesses from theft and vandalism while still providing opportunities for those caught in cycles of addiction to get the help they need. This is not about being punitive; it’s about accountability and making sure that the laws are structured in a way that benefits the entire community.

We urge you to vote Yes on Prop 36, to keep our streets safe, our businesses thriving, and to provide hope for those looking for a way out of addiction. It won’t solve all the problems, but it’s a meaningful step in the right direction.

Shannon Adams is founder and co-owner of Urban Body San Jose, Randy Musterer is founder and ceo
of Sushi Confidential.