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Human Rights on the Street--Santa Cruz style

by Robert Norse
Though they could offer no legal place for the homeless sleepers to stay, police showed up three times and ticketed four people with $97 citations early Sunday morning in front of Borders. Chalked messages by a local sympathizer memorialized the spot with such old favorites as "End the Sleeping Ban" "Sleep Deprivation is Torture" and "Human Rights Violations in Santa Cruz". The four homeless travelers said they were planning to leave town the next day, but were happy to support the rights of poor people to sleep--not anywhere and everywhere, but...somewhere.
As mentioned on the calendar at http://www.indybay.org/newsitems/2008/12/04/18553665.php a small band of homeless advocates set up a table to copwatch, serve food, and sleep overnight on Pacific Avenue in front of Borders Bookstore Saturday night.

We set up next to an electronic dulcimar performer from Berkeley, Michael M. and a public astronomer offering glimpses of the halfmoon. Numerous Saturday night street folk joined us including Muchocorazon Mario, Beggarbacker Becky, "Great Scott!" Gary, Mossyeyes Mia, and Jovial John O.

Jumbogumbo Joe Schultz showed up early with succulent soup that went quickly. Merryheart Michele provided a hefty bag with dozens of small sandwiches. Cosmocruz Coral wielded a videocamera. She, Nightside Naomi, and Bashful Bernard tabled, socialized, took reports off untoward police behavior, and stayed for most of the night--both in vehicles on on the sidewalk--even as the night grew colder.

Jon from Poland, and Tania, a sex-worker, also kept vigil through the evening.

Some homeless folks were particularly vocal, so much so that Sgt. Bush and Officer Winston arrived to "mellow things out." Winston requested folks move to sit next to the wall rather than against the Borders window. When he returned later,, he demanded the six people sitting there move out into the colder windier area 14' from the closed store.

The Rotkin-Mathews Downtown Ordinances make sitting in these forbidden zones a crime (enforced almost exclusively against homeless and street people), even though this creates both more of a traffic and safety hazard than having people sit up against the building. The apparent rationale is making things more uncomfortable for those sitting, since blocking store entrances was already illegal before the law was passed in 1994 (and tightened in 2002-3).

Two men, "Blast the Blarney" Billy and "Rubblehugger" Robert declined to move from their warmer spot near the building and got $100-200 ntickets from the ever-militant Officer Winston with Sgt. Bush looking on. The two blueshirts then strolled off, leaving the scofflaws seated in relative peace.

Few police were actually patrolling Pacific Avenue that night, or at least, they didn't pass by the Borders Sleepytime Copwatch. Some of us credited our Copwatch presence, tape recorders, and videocameras with the decreased police presence.

There was a stabbing reportedly some blocks up the street near the Catalyst or thereabouts, so perhaps police were actually investigating real crimes. Some mused that camerashy coppers were simply avoiding unnecessary publicity, perhaps feeling they were not at the Saturday best for indybay.org.

Sometime before midnight, Bathrobespierre Robert (that's me) held an impromptu "Know Your Rights" forum, loosely modeled on the more colorful, better scripted, and more intensive Free Skool class given by Rico and Jason. Folks were advised to respond to police contact by asking "am I free to go?" (or perhaps in the case of the wake-up, "am I free to go back to sleep?") and adding "I do not consent to a search", "I have nothing to say" and "where's my mouthpiece?" (i.e. "I'd like to speak to an attorney").

Once folks bedded down, however, it was a different story. Around 3:30 AM or so, Officer Inouye rousted sleepers with the warning that he'd be returning with a hungry ticket book soon. Four sleeping there ignored the warning, a fifth continuing to read and write in a notebook.

Within an hour Inouye returned with another officer in a second squadcar. They rerousted the sleepers, declined to give them a place to sleep. One sleepy man asked to be taken to jail immediately so he could finish his night's sleep in peace. The officers declined, but said they'd be back to arrest within the hour.

They were--this time with three officers and squadcars. At one point even a fourth car arrived, shining its headlights on the stubborn sleepseekers. The constables demanded the group move on--but would not tell them where to go. Finally, the four moved their possessions 14' away from the building and huddled, insisting that they had a right to be in public spaces and to sleep...somewhere.

Obviously these foolish folks were unacquainted with how the Santa Cruz police deal with such foolish constitutional claims. Some of their commentary will be played on Free Radio Thursday night 6-8 PM at 101.1 FM (http://www.freakradio.org) later to be archived at http://www.radiolibre.org/brb/brb081211.mp3.

Some is all ready archived at http://www.radiolibre.org/brb/brb081207.mp3 .

The 4 refugees were all fairly recent arrivals in Santa Cruz, who expressed surprise that more local homeless didn't stay through the night (though many were around earlier). Some had explained they went to more secluded spots; others expressed sympathy but apprehension for the police.

Grifter, one of the four, later that afternoon was found keeping watch over the gear of the group outside the public library, stretched out in a day-time siesta. He was not unhappy with the outcome, though he noted security guards from Borders came out before the store opened and (illegally) threatened the group with police harassment, even though it was legally situated, and not sleeping, spitting, sparechanging, singing, or shitting.

With the true merchant "homeless, get out of town" (or at least "away from our store") agenda revealed, Grifter's drifters noted they were headed for Watsonville, Castroville, and Modesto--with some warm tales of Santa Cruz's special SCPD system for celebrating the 60th Anniversary of the UN Declaration of Human Rights.

Of the hundreds of liberals who attended the earlier ceremonies at Louden Nelson in the Human Rights Fair, very few were spotted chatting with the rabble.

HUFF meets Wednesday 9:30 to 11:30 AM at the Sub Rosa Cafe at 703 Pacific to discuss a follow-up daytime sleepout. Around noon, police harassment action will be more visible and provide useful spectacle for Xmastime tourists and shoppers in search of bargains and knickknacks. We also hope to preview proper street etiquette after you lose your job and home. Free coffee if you want it.

We hope to post video as soon as we learn how to download it. Volunteer to instruct as at 423-4833. And learn other ways you can help as well as join the next protest.
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DATE
Robert Norse
Fri, Dec 12, 2008 1:34PM
Robert Norse
Tue, Dec 9, 2008 7:14PM
Works for me
Tue, Dec 9, 2008 3:14PM
Robert Norse
Tue, Dec 9, 2008 1:22PM
Rico
Mon, Dec 8, 2008 11:05PM
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