Monthly Archives: March 2016

Council Crushes Sleeping Ban Reform: Will the Community Fight Back?

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To make and read comments go to https://www.indybay.org/newsitems/2016/03/13/18783985.php .  You can also download the fliers pictured below there (or click on the links below).

Rumblings of Resistance After the Council Crushes Reform?
by Robert Norse ( rnorse3 [at] hotmail.com )
Sunday Mar 13th, 2016 12:54 PM

I distributed the following flyers at the March 8th Council Meeting, pretty much expecting that in spite of reasonable argument, strong presentation, and majority testimony, the City Council majority would easily vote down the proposed ordinance changes. It was a disgusting, discouraging, and enraging yet predictable experience. Here are a few notes.

THE SITUATION
I made some earlier comments anticipating the Council voter at http://www.indybay.org/newsitems/2016/03/07/18783720.php (“Sleeping Ban at City Council; Freedom Sleepers in 35th SleepOut “).
I analyzed the substance of the Lane proposal and the process by which it was created on a radio show archived at http://www.huffsantacruz.org/Lostshows.html (the March 6, 2016 show). There is also follow analysis in the early part of the March 10 show at http://radiolibre.org/brb/brb160310.mp3 .

The entire video of the Council meeting can be found on the City’s website at http://www.cityofsantacruz.com/city-government/city-council/council-meetings/city-council-meeting-audio-files if you are a glutton for punishment.

I’ve reviewed in detail (probably too much detail) the Council “discussion” prior to its crushing the Lane proposal 5-2 at http://radiolibre.org/brb/brb160313.mp3 .

On the positive side, Lane finally adopted the position that homeless people generally, most homeless activists, religious groups, student organizations, numerous social service agencies, and even timid liberals have held for years: sleeping is a need and a right.

Turning sleeping into a crime permanently hurts the poor. It is fiscally stupid. It does not serve the community’s interests. It embitters/divides us. It also deepens the police state, maintaining (and this is nothing new) a pariah underclass, denied the rights everyone else takes for granted. Nice incentive to keep working shit jobs and paying rent, of course. If you’re not a part of the gentry, move out or get busted for sleeping.

FIGHTING BACK?
Will the community do nothing while unhoused people continue to be treated like dirt to be hosed away? So far–yes. But there are rumblings of mutiny.,

Freedom rider and more recently Freedom Sleeper Phil Posner has called for a real response to the Council’s craziness.

Activist Elisse C. recently sent out an e-mail asking for folks to gather next Tuesday before Freedom SleepOut #36 on 3-15 at 3 PM.

In other cities like Salinas on March 22nd, middle-class activists and unhoused folks are fighting back: http://www.thecalifornian.com/story/news/my-safety/2016/03/11/salinas-homeless-urged-stand-their-ground/81679316/ .

Silence gives consent. But do the good liberals and the nervous progressives of Santa Cruz want to take the risks of actively opposing Trumpism in Santa Cruz (in Democratic Party garb, of course).

§Proposed Additions to Lane Changes

by Robert Norse Sunday Mar 13th, 2016 12:54 PM

These changes were circulated a week before the meeting, even though Lane excluded me (and other activists) from his meetings. Lane included the addition of “sleeping bags” to diluted language; Posner added the suggestion that sleeping equipment shall not be used as evidence of camping crime. Needless to say, neither passed. Important to clarify, though, what’s needed. Far more, of course.

§Staff Stonewalling at City Council

by Robert Norse Sunday Mar 13th, 2016 12:54 PM

In spite of multiple requests, the SCPD refused to provide access to the citations they gave under the camping ordinance (specifically holding back race and address). The request was made months ago. Councilmember Posner also declined to make a written request for this information though he made the request verbally to the police chief, I was told. So there’s no documentation that the staff is directly frustrating a relevant and timely request for data that bore directly on the
Council debate.

§Wake Up the Community Conscience

by Robert Norse Sunday Mar 13th, 2016 12:54 PM

An early attempt to recognize, even prior to the Council meeting, that Lane’s proposal was likely to fail. The real issue then is a sustained response, building on the abusive City Council response and, hopefully, public outrage from those watching.

§No Rest in the Right-to-Rest Struggle

by Robert Norse Sunday Mar 13th, 2016 12:54 PM

Continue reading →

Salinas the Selma of 2016: Activist Attorney Anthony Prince Urges “Stand in Solidarity March 22nd with Chinatown Residents”

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Salinas homeless urged to ‘stand their ground’

Chelcey Adami9:06 p.m. PST March 11, 2016  Salinas Californian

With an approaching date set for the city to begin removing homeless property from encampments, Chinatown homeless and homeless advocates urged others Friday to “stand their ground” when the time comes.           The city’s clean-up activities are scheduled to begin on March 23 in the area of Market Way and Bridge Alley, and after that, they will spread to other not-yet-specified areas.
Since the city passed the ordinance allowing the city to remove homeless property, which they say is necessary due to health and safety concerns caused by the growing encampments, a group has protested the move in a federal lawsuit against the city, alleging violations of homeless civil rights and more.
In late February, a judge denied a preliminary injunction filed on behalf of the homeless that would have prevented the city from removing the property.
Anthony Prince, the attorney representing the homeless, said they plan to fight the ruling and also add new defendants to include a number of area homeless service providers who he said have misrepresented how much housing and assistance they could provide homeless who want to leave the encampments. A new judge has been assigned to that case as it continues through mediation. Continue reading →

Minutes of the last HUFF meeting (3-9-16)

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Minutes of the last HUFF meeting (3-9-16)

These are notes (below)taken by HUFF and Freedom Sleeper activist Zav.  

I’m passing this on to HUFFsters near and far to get an inside look at the kind of interchange that goes on at our weekly HUFFmeets.

I also encourage HUFFsters to listen to the twice-weekly Free Radio show I put together which largely deals with homeless topics  (9:30 AM – 1:30 PM approximately Sundays; 6-8 PM Sundays  101.3 FM, streams at www.freakradio.org .

If you miss a show, you can generally find it on the archives at http://radiolibre.org/brb/ .    Most recent shows are at the top of the list.
Last Sunday’s show, not broadcast or retrieved on the standard archives because of power problems can be found at
 http://www.huffsantacruz.org/Lostshows.html; then click on the link under Lost Show – 3/6/2016 Sunday,March 6th 2016, part 1 – and Sunday,March 6th 2016, part 2 .

Happy reading and listening.
Robert

 

                         Notes on HUFF 9 march 2016

Dreamcatcher gave Robert 4 tickets he got – 2 camping, 2 trespass

community event for art:

could speak to Coral, lives at Tannery into art scene could happen in daytime to be more welcoming, better weather people don’t have to stay overnight houseless people interacting w housed build community among folks present weather is a major issue should absolutely not pressure people into doing anything they want to do, open event a lot of houseless peple are scared to get involved better to let folks just be involved and wander if they want to cops and security make folks nervous Project Pollinate event week from Saturday! Could meet artists there.

Tickets helping people in court w tickets is a possibility how do we engage with these tickets effectively? Houseless community not reaching out to activists, we need to regain trust river street shelter list means people can get out of tickets perhaps we can ask houseless people to let us know when they call shelter? Handout of shelter list was good says Brian are people being “not prosecuted” when they’re on the list? Robert has found no information about these people protest in front of city attorney’s office? Perhaps we should just keep handing out flyers until we actually hear that someone has been prosecuted when on the list flyer should include information saying, please contact huff let org know that you contacted

[David and Zav will go this Sunday, meet at 3:30pm w phones for folks to call river st shelter, bring sign up sheets and flyers for shelter number]

[John Colby will send public record request to city attorney for information around tickets forwarded for prosecution] -can this be a revved up into a campaign?

-Response from city attorney could be met by requests for letters/emails to city attorney, letters to the editor (good times, sentinel, CHP) don’t want to use time finding misdeeds on part of the city attorney around river st shelter list until we know that’s actually going on[zav will ask robert for contact information around alex calvo at court for this info] should be systematic escalation to protest.

Property recovery

Pat will be at PD every other Thursday from 12:30 to 2:30, starting a week from 10 march will help people with getting property back from police department good way to get trust in community

Food Not Bombs

trying to retrieve equipment that’s been out at other kitchens need a ~5 gallon pot needs to drop off 20gal/week compost [Zav will ask housemates] kimargula@hotmail.com ← contact w fnb need another kitchen need to fill the hot water urn on Sunday council meeting last night 8 march Jessica York article in Sentinel large crowd of supporters, lots of people spoke how do we organize the obviously large number of supporters? James  Weller sent out a huge email to supporters, can we use that email list? Some people might support a ballot initiative to repeal the sleeping ban, HUFF should support organize AFC? They are perhaps interested in service provision, not activism. They attend Brent’s warming center stuff ACLU came out to support, historic United Way came out 24hr bathroom

Orthodox Church reps that spoke at city council talked about pee on walls city worker Pat had contact w over closed 24hr bathrooms indicated people seeking shelter was the major problem, not vandalism (only one major incident) could have a port-o-potty running 24hrs[David will take petition to Orthodox church services, ask for assistance/endorsement, Zav send petition to him] can we go to businesses downtown?

Could go business to business? Would the downtown business association support the petition? Comstock supported the original 24hr bathroom recycling issues-pat spoke w/ gov official? About documentation that  Costco is the only recycling place in Santa Cruz

-berkeley activist will write an article in street spirit about recycling issue

-denies money to the houseless people, specifically politically motivated to target them (?)

-outreach to churches? Get them to pay the nickel per bottle, they look great and houseless look like they’re doing work

-houseless cleaning up the environment

-recycling not just a houseless issue, other poor folks, people on fixed income

-stores that don’t take recycling are supposed to pay $100/month fine

[pat will send zav information about recycling laws]

 

 

Today’s Bathrobespierre’s Broadsides show at 6 PM features the Sleeping Ban Disgrace and interviews from Roseville & Venice

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The show broadcasts at 101.3 FM, streams on the internet at freakradio.org at 6 PM tonight (March 10).   It will archive at http://www.radiolibre.org/brb/brb160228.mp3.

Coming Up on this edition of Bathrobespierre’s Broadsides Commentary on the City Council’s Affirmation of the Ban on Sleeping, Interviews with Jody of Roseville, Toby of the Freedom Sleepers, and Peggy Lee Kennedy of Venice on the fight to keep open the beaches and piers for the homeless, political activists, and the public generally.

Due to power outages and equipment problems, the usual Sunday morning Bathrobespierre’s Broadsides show was not available at its usual time.    The March 6 show intended for broadcast includes interviews with Food Not Bombs co-founder Keith McHenry, Berkeley singer and activist Carol Denney on the history of People’s Park, and my analysis of Lane’s Camping Ordinance amendments.

It is now available.

Go to http://www.huffsantacruz.org/Lostshows.html  and then click on the link under Lost Show – 3/6/2016 Sunday,March 6th 2016, part 1 – Sunday,March 6th 2016, part 2 .   Note that this is not the usual place the twice-weekly show is archived (which is http://radiolibre.org/brb/ ).  Barring unusual transmission problems, the shows will continue to appear there.

Lost Sunday Bathrobespierre’s Broadsides Show on Abolition of Sleeping Ban Now Available On-line

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Due to power outages and equipment problems, the usual Sunday morning Bathrobespierre’s Broadsides show was not available at its usual time.    The March 6 show intended for broadcast includes interviews with Food Not Bombs co-founder Keith McHenry, Berkeley singer and activist Carol Denney on the history of People’s Park, and my analysis of Lane’s Camping Ordinance amendments.

It is now available.

Go to http://www.huffsantacruz.org/Lostshows.html  and then click on the link under Lost Show – 3/6/2016 Sunday,March 6th 2016, part 1 – Sunday,March 6th 2016, part 2 .   Note that this is not the usual place the twice-weekly show is archived (which is http://radiolibre.org/brb/ ).  Barring unusual transmission problems, the shows will continue to appear there.My apologies for any confusion.
Robert Norse

 

Support Real Changes in the City’s Medieval Sleeping Ban Law on March 8th at City Council

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To the City Council: Councilmember Lane’s proposed changes to the Camping Ordinance on the evening agenda of March 8th while finally emphasizing the need and right to sleep, need further expansion.    They should be passed as a first step and expanded upon.

There are several ways to do this.   I propose the following as the most elementary changes.

1.  Eliminate the current sections A and B of 6.36.010 (sleeping and blanket bans), leaving only section 3 .  6.36.010 would then read:
6.36.010 CAMPING PROHIBITED.http://www.codepublishing.com/cgi-bin/sm-share-en.gif

No person shall camp anywhere in the city of Santa Cruz, whether on public or private property, except as hereinafter expressly permitted. “To camp” means to do any of the following:

Setting-up Campsite – Anytime. To establish or maintain outdoors or in, on, or under any structure not intended for human occupancy, at any time during the day or night, a semi-permanent or permanent place for cooking or lodging,  or by setting up tent or hammock or by setting up any cooking equipment, with the intent to remain in that location overnight.

[Add the following language to that section] Simple presence of an unrolled sleeping bag or other sleeping equipment shall not constitute evidence of a violation of this section. Nor shall the presence of a protective tent in rainy weather or where the temperature is less than 50 degrees.

2. Remove the words ” other than subsections (a) and (b) of Section 6.36.010″ from 6.36.050 so that it will now read:
 6.36.050 PENALTY – SUBSEQUENT OFFENSE WITHIN TWENTY-FOUR HOURS.http://www.codepublishing.com/cgi-bin/sm-share-en.gif

Any person who violates any section in this chapter and is cited for such violation, and who within twenty-four hours after receiving such citation again violates the same section, is guilty of a misdemeanor.

3.  Add a final section to read:

6.36.070 REPORTS REQUIRED BY SHELTER PROVIDERS AND LAW ENFORCEMENT AUTHORITIES

(a) Any shelter services receiving funding from the City shall agree to report each night whether they have any open shelter space available that night by contacting the law enforcement authorities  to so inform them.  If no space is available,  A person shall not be in violation of this chapter nor shall law enforcement authorities contact or cite any person for “camping”.  

(b) Law enforcement authorities will provide monthly reports indicating how many hours of officer time and estimating the cost of all actions contacts and citations taken under this ordinance during the prior month. Both agencies will also provide a listing of any property seized under the law.

(c) The City Attorney’s office shall make public a listing of all citations issued under this chapter that were forwarded to the courts and not dismissed under 6.36.055.
It is unfortunate that Council member Lane did not seek the advice and involvement of long-time homeless activists who were a part of two lengthy city analyses of the Camping Ordinance some years ago (the Council’s Task Force the Examine the Camping Ordinance) and the Homeless Issues Task Force.   The latter’s report and recommendations were many and too often ignored by subsequent Council’s.  One prime one was to abolish the entire Camping Ordinance. 


See their full report at  http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/non_legacy/agendas/2000/20000502/PDF/020.pdf

A partial story on the part of the HITF report that calls for eliminating the Camping Ordinance is at http://www.huffsantacruz.org/StreetSpiritSantaCruz/136.Homeless%20Issues%20Task%20Force%20Recommends%20Repeal%20of%20Camping%20Ban%20in%20S.C.=12-99.pdf   .

A second approach to maintaining a regulated camping ban but acknowledging the necessity of sleep was proposed by activists two decades ago.  There were two proposed Initiatives suggesting a different approach to eliminating the Sleeping and Blanket Ban sections of the Camping Ordinance:  The second proposed ballot measure read:
“This initiative, if adopted by the voters, would serve to amend the City Camping Ordinance by limiting the conduct which would constitute a violation of the ordinance.   As amended the ordinance would prohibit “setting up campsites” at any time or establish or maintaining outdoor structures not intended for human occupancy or establishing at any time of the day or night a place for cooking or sleeping by setting up a mattress, tent, hammock, or other camping gear with the intention to remain that location overnight.  However the acts of sleeping or covering up with blankets or sleeping bags or protective coverings would not constitute “camping” and would be prohibited by the ordinance.  In addition the ordinance would allow a person to sleep in an otherwise lawfully parked vehicle with owner permission except as otherwise prohibited.
Notwithstanding the foregoing,  the ordinance proposed by the initiative would authorize the City Council to regulate or prohibit night time sleeping on public property or in vehicles on public streets in those zoning districts of the City in which residential uses are primarily permitted,in residential areas within industrial zones, and in the City’s Commercial Beach, Oceanfront, and Central Business districts.  Where the City Council elects to regulate or prohibit outdoor sleeping or vehicular sleeping in these districts, police officers would be required to warn sleepers and provide them with 20 minute opportunity to gather up their belongings and leave.
Failure to move in response to such a warning would constitute an infraction.  Outdoor sleeping or vehicular sleeping alone would not constitute grounds for citation, however failure to move upon receiving the requisite warning would constitute gorunds for citation.  The proposed ordinance prohibits the city Council from criminalizing the act of outside or veicular sleeping.”

I encourage the City Council to pass the Lane proposal and accept the need to expand it by one of the several methods proposed above.  I hope the community will not be satisfied with a proposal that still criminalizes sleeping bags at night and ignores the overwhelming shelter deficiency in Santa Cruz.

Robert Norse
(423-4833)

HUFF’s Last Meet Before the 3-8 City Council Meeting Discussing the Sleeping Ban 11 AM Wed 3-2-16

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 HUFFsters slog down to the Sub Rosa as ever in the aftermath of Freedom SleepOut #34 to sketch out different issues:  I’d hope that more firmly documenting the status of goon squad activity against the homeless over the last few months is on the agenda, particularly with the Sleeping Ban coming up on the agenda for the first time in 5 years as an actual item–or so former Mayor Don Lane promises.   

Will HUFFsters decide to press forward on the continued cutback on recycling and RV’s? 
Will they have something special planned for Freedom Sleepout #35 and the Sleeping Ban Reform Council meeting happening that night?  
What kind of planning is needed for the weeks ahead, and for Thursday’s 11 AM meeting at City Hall including Councilmember Posner?  
Come and find out.    Have some warm coffee in prep for the wet nights ahead.

Sleeping Ban Reform Discussion at City Hall March 3 -11 AM

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Title: Last Minute Meeting on the Camping Ban Reforms
START DATE: Thursday March 03
TIME: 11:00 AM – 12:00 PM
Location Details:
City Council Offices at a room booked by Councilmember Micah Posner
Event Type: Meeting
Contact Name Robert Norse
Email Address rnorse3 [at] hotmail.com
Phone Number 831-423-4833
Address
The City Council agenda hasn’t been announced for March 8th. After many delays, the word is that there will finally be a proposal on the agenda to modify the Camping Ordinance.

Steve Pleich has advised me that Don Lane’s proposed changes in the Camping Ordinance is to remove the words
“sleeping” but keeping in place the Blanket Ban. The ordinance change may include the right to sleep in one’s own vehicle legally parked.

Proponents of the change suggest that however limited this first step, it does apparently remove a fundamental human rights violation–denying those with no shelter the right to sleep at night. The Department of Justice has aligned itself against Sleeping Bans in the Boise v. Bell case in Idaho. HUD has declared continued criminalizing the homeless may be the basis for withholding funding from bigoted city governments.

Cities like Huntington Beach and Vancouver, WA have already changed their laws or suspended enforcement of their camping bans at night. There has not been a noted huge increase in homeless folks attributable to these changes, according to Pleich’s research.

Lane’s proposal was developed behind closed doors with no input from long-term homeless activists. Many of these activists (Becky Johnson, Laura Tucker, Linda Lemaster) worked extensively with City Council and its appointees to thoroughly research the Camping Ordinance and consider relevant reforms. Lane has declined to include these folks.

In order to include them, Micah Posner has agreed at my urging, to have a last-minute meeting which–finally–is open to all.

Ironically, Posner’s regular meeting with Lane and the select group of activists that Lane has regularly invited will take place at noon. This is immediately after the open meeting which Posner has agreed to at 11 AM. Lane has still not included any of the long-term activists whom he disfavors.

There are real questions as to whether a reactionary City Council will pass even Lane’s barebones proposal. Even so, some activists emphasize, with park curfews, RV parking bans, and permit parking night prohibitions–there will be real questions afterwards: what will be our next step?

What next? is the key issue, I think, to be discussed at this meeting. In addition, Micah will “pass on” our views to his closed meeting with Lane’s select group at noon. And we can certainly bring our views to City Council on March 8th and to the community and the streets in the days that follow in direct actions, if we organize to do so.

I’ll be there.