Bad News Tuesday’s Coming Up Fast Beware Item #26 on the Evening Agenda

Return of the Sleeping Ban and a Letter to Mayor Meyers

https://www.indybay.org/newsitems/2021/03/05/18840535.php

Below is a copy of the link….

Return of the Sleeping Ban and a Letter to Mayor Meyers by Robert Norse (rnorse3 [at] hotmail.com)
Friday Mar 5th, 2021 5:16 PM On February 23, City Council ignored dozens of speakers, silenced another two dozen, and passed the TOLO (Temporary Living Outside Ordinance) well after midnight. I filed a Brown Act complaint, noting the failure to provide adequate Agenda notice, requiring them to redo the item. I’m not holding my breath.

6.36_dying_outside_ordinance.pdf_600_.jpg

Download PDF (314.2KB) The letter to Mayor Meyers is fairly self-explanatory. I have made a few minor corrections and clarifications. So far, I have received no response from Meyers, suggesting she is unwilling to correct the Brown Act violation and redo the item with adequate public notice..

Following the letter are links to the current Camping Ban and the Meyers-Brunner Council’s proposed replacement. The current ordinance is not usually enforced because of its explicit use of the word “sleeping” in violation of the 5th, 8th, and 14th Amendments (as starters). Instead, cops and rangers use “public nuisance”, “closed area”, “illegal lodging”, “block the sidewalk” and other convenient ploys to work around the Martin v. Boise federal court decision given Santa Cruz’s on-going shelter deficiency. More frequently police simply use threats and bullying as their traditional fallback.

They are likely to continue to use these laws rather than the TODO, even after the new law goes into effect in 30 days. They lack the real resources claimed but not real in the law, including safe sleeping places, toilet facilities, storage, outreach workers, and so forth. They will also face the likelihood of an Injunction if they attempt to use it, given the success at San Lorenzo Park and Dumphy Park in Sausalito.. But the real issue for those concerned with human rights for those outside is how can the community effectively enjoin police harassment using other laws.

The specific changes voted by City Council, which they’re likely to rubberstamp at the 2nd reading next Tuesday, are listed below. They can also be found on the City’s website.

Mass resistance, media publicity, neighborhood marches, and direction action–all of this does make a difference.

Upcoming protests include
++a Sunday 1 PM Tabling (and possible Tentraising) Against TOLO Terrorism—go to Soquel and Pacific to join up on 3-7.
++ a Tuesday 4;30 PM Gathering at City Hall at 809 Center as the law is being given it’s Rubberstampng 2nd Reading on 3-9
++ a Sunday 3-14 2:30 PM SC Mutual Aid Council of Relentless Mischief 2:30 PM. described as a A Street Theater Drag Festivity–a parade to end at City Hall).

The new law is long and tedious–its text I give in full, taken directly from the City’s website in this imbedded PDF for those who want to dissect it in more detail.

REVISED LETTER TO THE MAYOR

Ms. Donna Meyers, Mayor
Santa Cruz City Council
809 Center St.
Santa Cruz, CA

Dear Mayor,

The February 23 evening agenda session, included as its main evening item, a lengthy proposed revision of MC 6.36. According to Councilmember Justin Cummings, neither the General Public nor the City Council itself as a whole received the red-lined version of what several select Council members and community members devised and what was presented at the meeting as the working draft.

This violates the agenda requirements of the Brown Act Govt., Code 54950, particularly important when such a serious matter as a revision of a law that impacts hundreds of people is being considered. The text of these previously prepared changes is a substantial requirement of the Agenda Packet which was not included.

You also refused to provide a full Public Comment period allowing everyone to speak. According to Justin Cummings, you cut off at least 26 speakers. You shortened time for those who were allowed to speak, both for groups and for individuals.

You apparently didn’t even bother to count the number of speakers silenced by your time constraints. You failed to recognize Councilmember Brown with what she later said was a motion to extend the Public Comment period.

You insisted on dragging out the meeting until long after midnight in what seemed to be a determination to reach a predetermined result. All of this suggests bias on your part.

To address the Brown Act violations, I demand that any actions taken on this item be considered null and void, If you insist on pressing forward with this item, It must be placed on a future agenda allowing for an informed discussion with the community.

Both Council and community must be given adequate notice of its content. Given the Sausalito court ruling (below), it makes far more sense to send this measure back to the Public Safety Committee, the Social Services Committee, the Public Works Committee, and the City Attorney for extensive revision.

It might also be helpful to hold public hearings allowing the public, homeless service providers, the unhoused community itself, and the CACH committee in a full public discussion and debate.

The recent Federal Court decision regarding the Sausalito Anchor-Outs struck down a nearly identical restrictive “no day camping” police policy Sausalito/Marin County Chapter of the Homeless Union et. al. v. City of Sausalito et. al. at https://drive.google.com/file/d/1jvJG7lh77jnxMQs4VZVwGRE2JK6rk28g/view .

This Injunction, as well as the San Lorenzo Park decision suggests this “hide the homeless” measure will cost the city in legal battles and be found unconstitutional. The local ACLU has already weighed in against it.

However, if the City wishes to proceed with this medically-unwise proposal in the midst of a pandemic, in the face of this decision as well as the San Lorenzo Park case locally, you must still follow the requirements of the Brown Act.

There are further concerns, showing a violation of the spirit as well as the letter of the Brown Act. Your summary of the final wording of the First Reading of the ordinance at the February 23 meeting was not available on line until March 2nd, though it appeared on March 3rd dated “March 1st”.

The meeting was not held in a large accessible venue as has repeatedly been requested. The Civic Auditorium would have been a traditional venue with safe distancing and adequate sound amplification.

Those most impacted by the Ordinance–the Unhoused community was given no access to the proposed ordinance. The unworkable constraints it lays upon those trying to survive outside would be clearly exposed if those who have to suffer its impact were give a real public hearing. It appears to have been largely sprung on the Council for rubberstamping with lots of wordy afflatus but no specifics about such basic issues as specific safe spaces.

Vague references to County cooperation as familiar as Lee Butler’s empty reassurances disturbingly reminiscent of the repeated and false promises raised by well-paid Council fluffers like Susie O’Hara.

The lack of real available shelter or housing is of particular concern to the homeless. The lack of respect for the Shelter-in-Place guidelines of the CDC and County shows disregard for the health of the community.

No specific sleeping places, storage areas, wash station and toilet facilities, and/or trash pick-up locations are included; simply broad authority for the City Manager and his staff to do that in the future at a time and place of his choosing. It seems so patently unworkable, that one wonders if this law is simply some kind of concession to Chief Mills and to those who’d like to believe that poor people outside can be bullied into submission.

Neither the budgets nor the jails have room to hold the number of people who will fall afoul of the demeaning and unreasonable “stay out of sight” demands of this law.

Ironically, this failure to be specific also disfavors housed residents. Many of them, confronted by O’Hara’s past fumbles, have objected angrily and in force to locations chosen by the Council and/or City Manager (i.e. Depot Parking Lot, Delaware St., and San Lorenzo Park Benchlands).

Are you trying to assure buy-in by these groups, by passing what amounts to a restored “jail for sleep” law intentionally avoiding naming actual places, which would have to be specified for the ordinance to mean anything?

In creating an ordinance that has no such particulars, is this simply a greenlight to modern-day Troll busters that there will be a heavy police response? And when that doesn’t happen, vigilante action will intensify (as is already happening with the collusion of the SCPD in the manner vehicular dwellers are treated by Deborah Elston and her crew of ticketeers?

Chief Mills gave no specifics when asked by Councilmember Golder if he had the resources for enforcement, nor statistics about the kinds of laws being currently used, the cost to the City, and the cost to those so victimized.

Is the point then to secure passage of a law first by being intentionally vague about locations? Will this be followed by “sleeping zones” laid down from on high by the City Manager through an opaque and unaccountable administrative process?

While it is within your purview to pass a repressive ordinance, to do so without providing adequate notice to the Community as to the content to be discussed violates Section 54954.2a of the Brown Act. You were required to provide a 72-hour notice; but you provided no notice of the red-lined version.

In any event, I demand you redo the entire agenda item at a subsequent City Council meeting, respecting the requirements of the Brown Act.

Thanks,

Robert Norse
Homeless United for Friendship & Freedom
831-423-4833

THE CURRENT CAMPING BAN (MC 6.36) at https://www.codepublishing.com/CA/SantaCruz/#!/SantaCruz06/SantaCruz0636.html#6.36

PROPOSED CHANGES AS VOTED ON FEBRUARY 23rd are also available under agenda item #26 on the City’s website at https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1640&doctype=1

Note Mayor “Mum’s the Word!” Meyers has shortened public comment to 1 minute per person, shuts it off at 9 PM, and allows for no extended group comment. She announces this public muzzling –even though there has been no public discussion on the proposed law as written up last Council session.

You can also read Ordinance Amending Chapter 6.36 of the Santa Cruz Municipal Code Related to Regulations for Temporary Outdoor Living. (or the Temporary Outdoor Dying Ordinance, as some of us call it) here.

Bathrobespierre’s Broadsides 3-4-21 show at freakradio.org: Sausalito Anchor-Out Robbie Powelson Celebrates Judge Chen’s Injunction Defending the Tent Village

The show is slated to go out tonight at 6 PM on the net at www.freakradio.org .
Alternately, to hear this show and earlier shows at a time of your convenience, Check Out  http://www.huffsantacruz.org/Lostshows.html

ORGANIZE TO FIGHT THE TEMPORARY OUTDOORS DYING ORDINANCE!
Activists will be gathering Sunday 3-7 at 1 PM outside New Leaf Market at Pacific and Soquel to  table, talk, and educate the unwary.  Join Us!

4:30 PM Tuesday 3-9 slip on over to City Hall (809 Center St.) for Speak-Out and Street Action  against the Temporary Outdoors Dying Ordinance (misleadingly titled the “Temporary Outdoor Living Ordinance”)

ON THE 3-4 SHOW : 

xxx   Hostile analysis of the “Temporary Dying Outside Ordinance” coming up Tuesday at Shitty Council
xxx   Sausalito’s Dumphy Park “No Day Camping”Ordinance Gets a Battering from Federal Judge Chen
xxx   Text of the Chen decision: https://drive.google.com/file/d/1jvJG7lh77jnxMQs4VZVwGRE2JK6rk28g/view
xxx  “Anchor Out” Survivors Now in Dumphy Park; Supporter Robbie Powelson’s Bayside Report.

ORGANIZE TO FIGHT THE TODO LAW

  • Activists will be gathering Sunday 3-7 at 1 PM outside New Leaf Market at Pacific and Soquel to table, talk, and educate the unwary.  Join Us!
  • 4:30 PM Tuesday 3-9 slip on over to City Hall (809 Center St.) for Speak-Out and Street Action against the Temporary Outdoors Dying Ordinance (misleadingly titled the “Temporary Outdoor Living Ordinance”)

HUFF meets Thursday 3-4-21 at 11 AM at the Sub Rosa Courtyard, next to the Bike Church Mobilizing Protests to Educate and Agitate Against COVID and post-COVID attacks on unhoused folks outside

Agenda Prospects  for Today’s Meeting
       +++ Tuesday’s Shitty Council Meeting’s  “Outdoor Dying Ordinance” is a symptom of a broader sickness: on-going repression of the poor outside.


      +++ Counterattack Through In-Person Public Meetings, Tabling, Flyering Tents Downtown With a Counter-Agenda of Demands


      +++ Surveying the Spread of Police Violence and Harassment–the Assault on Josh, Anti-Homeless Noise Devices

      +++ Success in Sausalito–the 2nd Federal Court Victory https://sanfrancisco.cbslocal.com/2021/03/02/federal-judge-bars-sausalito-from-clearing-homeless-encampment-in-dunphy-park/

      +++ Counterattack Through In-Person Public Meetings With Our Own Agenda

      +++ Latest Public Records Documents in the San Lorenzo Survival Struggle

      +++ Pajaro River, Marysville and Sausalito Updates by Phone

      +++ Back on Board: the HUFF website– Catch the Latest Interviews Again at http://www.huffsantacruz.org/Lostshows.html /

Bathrobespierre’s Broadsides 2-28-21 another long-show– streams 9:30 AM Interviews with Wes White, Malina Kome, Kat of Food Not Bombs, and a 1996 Flashback to attorney Larry Hildes defending the City Hall Sleepers Vigil

Audio links are working again on the HUFF website (http://www.huffsantacruz.org/Lostshows.html)to hear this show and earlier shows a time of your convenience.    


Detailed written descriptions of today’s show and earlier ones are available at http://huffsantacruz.org/wordpress/  (search for “Bathrobespierre’s Broadsides” on the right side of the screen). 


ON THE TODAY’S 2-28-21 SHOW :
xxx “Whip the Wicked” Wes White on Santa Cruz’s New Outside Dying Ordinance
xxx  Terrifying and Tedious Tidbits from the 2-23 S.C. Shitty Council Meeting

xxx  Tannery management kicks out black Musician Malima Kone
xxx  “Kind but Claw-Ready” Kat on the Latest Food Not Bombs Response to the City Ultimatums
xxx  Another Peek-In at HUFF–the 2-25 meeting—Survival Strategies in the Wake of City Criminalization Action​

Prep to oppose Chief Mills “Hide Out or Get Out” Outside Dying Ordinance at https://docs.google.com/document/d/1K-37GkzmKD6jjfxo4Hxozy6pDhYHlnHRhTZ1zy2pRcc/edit?usp=sharing .
View the whole prefabricated City Council discussion and the constricted Public Input at https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=1624&doctype=1 (4 hours, 3 minutes into the audio file).

FLASHBACK to Bathrobespierre’s Broadsides May 31, 1996 show:

+++ Homeless Civil Rights Attorney Larry Hildes gets a grilling from Bathrobespierre Robert Norse as a dress rehearsal for upcoming court hearing in an Injunction Mayor Rotkin is seeking to disperse the then 3-month long protest at City Hall urging an end to the City’s “no sleep 11 PM to 8:30 AM” law.

+++ 5-30 Pacific Ave. Interviews:  Rebel and Avocado hassled for sleeping; Phil’s friend gets a “leaning” ticket; Larry falsely ticketed for sitting within 50′ of a parking lot paybox; Shooting report;

+++ Peppertongue Pat Ring reports protester Anthony ticketed; John Herrera ticketed; Taylor Brandon for walking across a clear street; Jody declined to move immediately and got ticket.


+++ Jack on 5-28 sitting ticket; Cloud and Lisa Ann on curb-sitting tickets; Ian, Mad Mike the Wonder Dog, Anonymouse.

+++ Gail’s Praise and Vision

+++ Peppertongue’s Caustic Report on Councilmembers Katherine Beiers and Celia Scott’s Sitdown with Protesters


+++ Interfaith Shelter Program Rejects Mooncat’s Request for Lodging

Bathrobespierre’s Broadsides 2-25-21 show NETCASTING LATER THAN USUAL AT 6:30 PM or soon after: Interviews around the Food Not Bombs cookpot with John, Tim, Eagle, Kat, Angel, & Keith & a Gutpunch Gouge at the Homeless from the SC Shitty Council

The show is slated to go out tonight shortly after 6:30 PM on the net at www.freakradio.org .
Alternately, to hear this show and earlier shows at a time of your convenience, Check Out  http://www.huffsantacruz.org/Lostshows.html


ON THE 2-25 SHOW : xxx  A rare sunny afternoon at Food Not Bombs includes John, who warns against on-line scamsters.

xxx  “Tokin'” Tim Rinker backs Trump and “Maskin as a Myth” in a controversial conversation.


xxx  “Cookpot” Kat surveys the Survival Encampment scene from her FNB Kitchen post.xxx  SC Homeless Union  vice-president & SC-11 Survivor Angel reports rumbles of change on the horizon.

xxx  “Katzenjammer” Keith McHenry on the Latest Struggles of FNB to serve food over opposition and interference by city officials and development dicks.

xxx   WARNING: Listening to this segment may result in upset stomachs and uncontrollable rage: the SC City Council’s final thumbs-up to Mills revised and relabeled Camping Ban.  And a thumb-up-the-ass to the unhoused community.

HUFF meets today 2-25-21 at 11 AM at the Sub Rosa Courtyard, next to the Bike Church City Council’s Camping Ban Carnival, Responding to Police Violence, Vaccinations as Pretexts for Eviction, Escalating Attacks on Food not Bombs

Agenda Prospects  for Today’s Meeting
       +++ Return of the Mills/Condotti Covert Camping Ban: the Expected Rubberstamping


      +++ Counterattack Through In-Person Public Meetings, Tabling, Flyering With a Counter-Agenda


      +++ Surveying the Spread of Police Violence and Harassment–the Assault on Josh and Anti-Homeless Noise Devices

      +++ The State’s New “Protections” for Renters in COVID-time

      +++ Counterattack Through In-Person Public Meetings With Our Own Agenda

      +++ Latest Public Records Documents in the San Lorenzo Survival Struggle

      +++ Pajaro River, Marysville and Salinas Updates by Phone

      +++ Back on Board: the HUFF website– Catch the Latest Interviews Again at http://www.huffsantacruz.org/Lostshows.html /

REMINDER:  HUFF meets today and every THURSDAY 11 AM at the Sub Rosa with the same modest munchables and conversational coffee as the weather turns warmer.

HUFF WEBSITE NOW BACK UP Audios links have been repaired. Current and Older Bathrobespierre’s Broadsides shows can be played.

Go to http://www.huffsantacruz.org/Lostshows.html to hear the most recent show and earlier shows a time of your convenience.   

Sorry for the lack of access the last few days.  


Detailed written descriptions of recent shows and earlier shows are available at http://huffsantacruz.org/wordpress/  (search for “Bathrobespierre’s Broadsides” on the right side of the screen).

Bathrobespierre’s Broadsides 2-21-21 another long-show– streams 9:30 AM Interviews: Return of the Living Dead Camping Ordinance,–Scouring the Scum with Scope it Out Scott; Kitchenquest Flashback to 3-6-90

Special listening instructions:  The HUFF website is usually the go to place at http://www.huffsantacruz.org/Lostshows.html to hear this show and earlier shows a time of your convenience.   

As of Sunday morning 2-21, audio links on this webpage were still inoperative due to damage in the wake of the Texas storms.  Our technical workers have assured us this problem will likely be fixed in a day or two.   

Detailed written descriptions of recent shows and earlier shows is available at http://huffsantacruz.org/wordpress/  (search for “Bathrobespierre’s Broadsides” on the right side of the screen). 

ON THE TODAY’S 2-21-21 SHOW :
xxx Tough-it-Out Tannery Tenant Coral Brune stands up to the John Stuart Company


xxx  Scouring the Scumladen Camping Ban Law with “Scope it Out” Scott Graham (text of the ordinance and staff reports at https://www.indybay.org/newsitems/2021/02/18/18840135.php
)

xxx  Lay of the land at San Lorenzo with “Like me or Leave me” Lee-Ann


xxx  Badnews from the Boardwalk with Aaron Hosmer


xxx  Traveling Streethawker Angel Contrasts Arcata and Santa Cruz
xxx  Listening to the Latest at the 2-18 Thursday HUFFmeet

xxx  San Lorenzo Survival Camper Awl Denounces the “Mosquito” Noise Device at Wells Fargo

More details on all this history at the HUFF website’s Street Spirit  archives: http://www.huffsantacruz.org/StreetSpiritSantaCruz/StreetSpirit-main.html


FLASHBACK FONDUE:  An hour-plus of dialogue with oldtime homeless activists on KZSC’s March 6, 1990 “Voices” show with “Freeheart” Fran Rizzo, “Calamity Jane” Imler, Linda “the Lark” Edwards,  “Bathrobespierre” Robert Norse, and more.


Bathrobespierre’s Broadsides 2-18-21 show netcast at 6 PM: Pressing Against Power in People’s Park–a Report from Cornerstone Carol Denney; Keith McHenry’s mid-Week Update; Lawsuits and Organizing for Justice–Phone Interview with Attorney Anthony Prince

The show goes out at 6-8 PM on the net at www.freakradio.org .
However, to hear this show and earlier shows at a time of your convenience, Check Out  http://www.huffsantacruz.org/Lostshows.html

IMPORTANT NOTE: Free Radio Santa Cruz’s Studio Computer is still in the Shop.  So you’ll be hearing mostly old Bathrobespierre’s Broadsides shows if you tune in to the net.   To listen to a show of your choice at a time of your choosing–including the current one–go to www.huffsantacruz.org and scroll down to the Bathrobespierre’s Broadsides section.  There you will find many choices.


UNFORTUNATE UPDATE:  Power outages in the mid-West have apparently affected the streaming services there.  The HUFF website’s audio links are all non-functional at the moment, but hopefully will be restored as power resumes in Texas.  I shall be replaying the current show, but have no schedule for when that will be happening.  Tune into www.huffsantacruz.org and keep your fingers crossed.

ON THE 2-18 SHOW : 

xxx  Berkeley singer, writer, and activist Carol Denney describes the deceptive background to the current UC move to build over People’s Park.

xxx  Food Not Bombs activist “Katzenjammer” Keith McHenry given one-day to move the massive shipping container that has recently stored FNB food, clothing, and supplies at its downtown distribution site.  His update.


xxx  Activist Attorney Anthony Prince of the California Homeless Union fields questions and reports on the legal struggles in Santa Cruz, Marysville, Sacramento, and Sausalito.

Thursday Meeting Day 2-18-21 at 11 AM at the Sub Rosa Courtyard, next to the Bike Church Hiway 1 Camp Sweep Warnings; Food Not Bombs Ordered to Move Its On-Site Storage

Food Not Bombs activist Keith McHenry has put out a call for assistance Thursday morning at 9 AM at Laurel and Front Streets

The new property owners of Lot #22 (where FNB serves food daily) is planning gentrification development downtown immediately.  They have demanded FNB move its storage container before noon.  Keith has put out a call for help to empty the container and transport its survival gear and supplies to other safe storage.

Go to freakradio.org for a fuller description.

Agenda Prospects  for Thursday’s Meeting

More Work on Contesting Vehicular Harassment Citations for Parking at Night and Parking for less than 72 hours

Taking Educational Protest to City Staff During Business Hours at the Workplace & Downtown

Rent “Relief” at the state and county level?  How Real?   

More Homework: Vehicular Tips: Fighting Tickets, Fines, and Uniformed Trolls 

Public Defender Tips:  Keeping Your PD/Attorney on Target and Clearing a Path for the Next Guy 

Talking Back to the Toughs: Rights Retention in an Era of Covid, Shelterlessness 

Peering Into Poverty Pimpery with the New “Enlightened” Funding 

Beyond San Lorenzo: Assessing Assistance for Those Beyond the Reach of the Injunction 

The Martin v. Boise Settlement–A Possible Update From Attorney Anthony Prince

 Public Records and Overdue Litigation Papers: Waiting for the City and Attorneys Pro and Con to Respond

  Demanding the D.A. Drop Dreadful Cases–Successful Strategies

  Pajaro River, Marysville and Salinas Updates by Phone

    
 Free Radio Falters On: Miss the HUFF meeting, Catch the Highlights at http://www.huffsantacruz.org/Lostshows.html /

REMINDER:  HUFF to meet Thursdays 11 AM at the Sub Rosa not Wednesdays henceforth.