Four Flyers for Homeless Self-Defense in Santa Cruz

http://www.indybay.org/newsitems/2013/04/15/18735243.php

Four Flyers For Homeless Self-Defense
by Robert Norse ( rnorse3 [at] hotmail.com )
Monday Apr 15th, 2013 8:55 PM

The flyers are largely self-explanatory and suggest a number of avenues for self-defense for homeless people in Santa Cruz. Now that even the much-criticized and fractional Armory Winter Shelter program has ended. homeless people face not only police harassment during the day in parks, on the beaches, and downtown, but also at night under the city’s Sleeping Ban and possibly the state code 647e. HUFF (Homeless United for Friendship & Freedom) meets Wednesday at the regular time to continue discussing immediate survival camp prospects, copwatch, and thugwatch.

(Click on the link above for the flyers).

[SCPEL] Homelessness forum April 24 please come

 
Santa Cruz Forums on Community Safety & Compassion
 
 

 

2nd Forum:  Homelessness and our Home Town
When:  Wednesday, April 24 at 7 PM
What:  Speakers and opportunity for Q&A
*Rev. Steve Defields-Gambrel, The Circle Church
*Susan Brutschy, President, Applied Survey Research, Homeless Census
*Christine Sippl, Program Manager, Homeless Persons Health Project
*Felipe Ponce, personal story
*Danny Contreras, personal story
Where:  Santa Cruz High School Theater
415 Walnut Ave., Santa Cruz
 
————————————————————————————————————————————————————
All Welcome!   Admission free.  
Donations welcome for hall rental.  FMI or childcare: contact 831-423-1626
 
 
Cosponsored by:

Resource Center for Nonviolence, NAACP Santa Cruz Branch, United Way of Santa Cruz County, Charter for Compassion, Santa Cruz Community Counseling Center, Homeless Services Center, Women’s Health Center, Community Action Board, The Circle Church, First Congregational Church of Santa Cruz, Santa Cruz Friends Meeting, Peoples’ Democratic Club, Women’s International League for Peace and Freedom

State-wide Coalition Converges on the Capitol 4/22 and 4/23 for Homeless Bill of Rights hearing

NOTE BY NORSE:  Santa Cruz really needs some constitutional counteraction against its own Downtown Ordinances.  For a toxic selection of these nasty ordinances see “Deadly Downtown Ordinances–Updated” at http://www.indybay.org/newsitems/2010/08/29/18657087.php.

As homeless people are increasingly caught up in a bogus “Public Security” crackdown involving private security thugs harassing the homeless around city hall, the library, the levee, and in the Pogonip, documenting these abuses with video and audio–and posting the accounts becomes increasingly important.  A good place to post is www.indybay.org/santacruz .  Plus you-tube, of course.

A reminder to HUFF members and other interested folks that Keith McHenry, co-founder of Food Not Bombs, will be returning to Santa Cruz on Saturday to give a workshop/forum on the California Homeless Bill of Rights, creating a Homes Not Jails locally,  and other activist civil rights issues impacting those outside.  See http://www.indybay.org/uploads/2013/04/15/arm_the_homeless.pdf .


Date: Thu, 18 Apr 2013 08:59:35 -0700
From: shoc_1@yahoo.com
Subject: State-wide Coalition Converges on the Capitol 4/22 and 4/23 for Homeless Bill of Rights hearing
To: shoc_1@yahoo.com
CC: pboden@wraphome.org

State-wide Coalition converges on the Capitol on April 22 and 23 before Homeless Bill of Rights Hearing
 
Homeless communities, grassroots organizations, and advocates across the state join together to ensure the passage of the Homeless Person’s Bill of Rights and Fairness Act (AB 5) 
 
CONTACT:                                                   
Paula Lomazzi, SHOC Director
shoc_1@yahoo.com                                         
916.862.8649                                                    
EVENTS:
Rally – North Steps of Capitol, April 22, 2:30 – 6 PM
Press Conference – North Steps Capitol, April 23, 7:30 or 8:15 AM

APRIL 12, 2013—Momentum for the Homeless Person’s Bill of Rights and Fairness Act is building steadily, with critical revisions to the proposed bill now complete and Judiciary Committee hearings scheduled for April 23rd.  Hundreds of homeless rights activists from across California will rally in Sacramento on April 22nd
Assembly Bill 5 was introduced by Assemblymember Tom Ammiano (D-San Francisco). “This bill,” he says, “is really about basic justice. People who are Homeless not only have to struggle with life on the street, they often have the indignity of being treated like criminals because they have nowhere to eat, sit, or sleep except in public. My bill is not about privilege. It’s about making sure they are treated equally before the law. I’m proud to be standing with, and for, anyone seeking justice.”
In a Western Regional Advocacy Project (WRAP) survey of 1,267 homeless people, 81% of participants reported that they were harassed by police for sleeping. In addition, 78% reported experiencing police harassment for sitting. Six hundred of these respondents were in California. Tickets for “status offenses” like sleeping or sitting often result in the arrest and imprisonment of homeless people.
With shelters filled to capacity and thousands of people on waiting lists for housing around the state, homeless people have no choice but to sleep, rest and eat in public places. Paula Lomazzi from Sacramento Homeless Organizing Committee said, “These are basic rights that allow all people to stay alive—things most of us get to take for granted, but which remain a daily challenge for many of the poorest members of our communities.”
“Laws that segregate, that make criminals of people based on their status rather than their behavior, or that prohibit certain people’s right to be in public spaces are not just sad relics from the past, ” says Paul Boden, Organizing Director of the Western Regional Advocacy Project (WRAP). “The California Homeless Bill of Rights is a response that will protect homeless people from discrimination and ensure their right to exist. This is not about special rights – this is about equal rights.”

Last year, Rhode Island became the first state to pass a statewide homeless people’s bill of rights. Building on the community organizing that led to this success, social justice organizations around the country have been working on bills that aim to protect the rights of homeless people. While the states of Vermont, Oregon, Connecticut and Missouri have already had bills introduced, California’s Bill – co-sponsored by the Western Regional Advocacy Project, Western Center on Law and Poverty, JERICHO: A Voice for Justice, and the East Bay Community law Center – is the first bill since Rhode Island’s to be heard in the state legislature. Judith Larson of Jericho said, “This is the essence of what Jericho was

Sacramento Homeless Organizing Committee
P.O. Box 952, Sacramento, CA 95812
Phone and Fax: (916)442-2156
www.sacshoc.org
 – http://homeward.wikispaces.com

Updates from Santa Cruz Sleeper Struggle

The following notes are from a thread on what I term the Visible Sleepers protest which happened in front of the post office last night.

by Robert Norse

Thursday Apr 18th, 2013 8:26 AM

According to Sonny in a phone conversation, the group spent the night peacefully, moved from the steps so they could be swept by a postal official, and had a polite encounter with three cops who neither ticketed them nor asked them to move from their new spot on the sidewalk. Reportedly, they plan to continue their protest through the day with signs educating the community about the Sleeping Ban.

Brent Adams has created a great video (see http://www.youtube.com/watch?v=tBWhgjXrKaY) pressing for a Sanctuary Camp. My own conversations with local homeless people on Pacific Avenue last night indicated that they were generally supportive of the Visible Sleepers, though not willing to risk harassment, citation, or arrest themselves.

I was also glad to see Food Not Bombs activists there supporting the Sleepers. The issues involved are basic and important ones in a city with no shelter for 95% of its homeless.

I’ll be playing interviews tonight on Free Radio Santa Cruz from 6-8 PM at 101.3 FM (streams at http://tunein.com/radio/FRSC-s47254/). Feel free to call in with your thoughts at 831-427-3772.

I encourage all homeless people to sign up for the Waiting List at the Paul Lee Loft at 115 Coral St. so that their camping tickets will be dismissed under MC 6.36.055.

MC 6.36.055 reads
(a) A person shall not be in violation of this chapter [the Camping Ordinance] if, at the time of his or her citation for a violation of this chapter, either: the winter shelter at the Santa Cruz National Guard Armory is filled to capacity; or the person is currently on the waiting list for shelter service through one of the shelter programs offered by the Homeless Services Center or the River Street Shelter in Santa Cruz.
(b) Any citation issued for a violation of this chapter shall be dismissed by the city attorney in the interest of justice if, at the time of citation issuance, the winter shelter at the Santa Cruz National Guard Armory is filled to capacity or the recipient of the citation demonstrates that on the date of the citation he or she was currently on the waiting list for shelter service through one of the shelter programs offered by the Homeless Services Center or the River Street Shelter in Santa Cruz.

A discussion of the California Homeless Bill of Rights will be held at 2 PM Saturday at the Sub Rosa Cafe with Keith McHenry a featured speaker. See http://www.indybay.org/uploads/2013/04/15/arm_the_homeless.pdf.

I encourage folks to support the protesters with blankets, food, dialogue, and calls to City Hall demanding lifting the police harassment and Sleeping Ban citations and/or providing a safe place to sleep as an emergency measure whether in a parking garage, a campground, or somewhere else. Call 831-420-5020. E-mail them at citycouncil [at] cityofsantacruz.com . But don’t hold your breath.

The following entry is from Gary Johnson, whom I term “Ground Zero” Gary, sentenced to two years suspended sentence for sleeping three nights on a bench in front of the County building with a “sleep is not a crime” sign.  His point was the First Amendment right to be present in peaceful protest outside the County Building after the County had declared a “protesters-and-homeless-begone”  7 PM – 7 AM curfew (which is still in effect).

Conflicted.

by G

Thursday Apr 18th, 2013 12:26 PM

It’s sad to hear that HUFF isn’t active in Oakland, or some other #TentCity (although that initiative seems to have fallen flat, maybe the AdBusters crowd ain’t what it used to be), and is using others to make legal challenges. Can’t help but wonder about yet more hug trolling.

It is nice to hear about the sanctuary camp. I think that is desperately needed. When sound governance doesn’t exist, replace it, at all scales. Hopefully the sanctuary will be inclusive, although their ‘taint’ framing in the other article here makes me wonder about their agenda, smells kinda like TBSC.

It is nice to hear that this sleep protest has a legal strategy. Getting paperwork from the ‘shelter’ could be effective in court, neutering yet another bogus ‘coulda shoulda’ persecutorial attack on the necessity defense. I wonder if making officers aware, daily, via photocopies of the ‘shelter is full’ notes would help others that might be ticketed on any given evening. If officers won’t receive the paperwork, as is often the case (they seem to be afraid of the legal implications of being given written notice), perhaps a trip to their office would help.

I wish I could be there. If I was there, I would be sleeping there. Sadly, until the existing cases are resolved, ANY accusations (real or made up) could reactivate my 2 years suspended sentence (for peacefully protesting the criminalization of sleep and the criminalization of protest itself). Not that I am afraid of doing the time (the next time around I would try to emulate @rabite’s media presence); it just seems wasteful, at least until redress has been exhausted.

Some advice. Record every encounter with law enforcement, document everything immediately (multiple online sources), avoid a 24 hour presence (neuter yet another time/place/manner persecutorial attack), keep the area clean, don’t antagonize pedestrians or postal staff, expect a rapid response (if I recall correctly, there was an 8 month protest there until the Postmaster signed over enforcement to non-federal gangsters), have relocation plans ready, be prepared to do jail support, avoid hugging Norse.

http://PeaceCamp2010insider.blogspot.com/

Since the Homeless (Lack of) Services doesn’t have them…

by Robert Norse

Thursday Apr 18th, 2013 3:05 PM

…here’s the HUFF receipt! We thoughtfully provided it to HLOSC yesterday to document the fact that the group we brought over to Coral St. to register was on the Waiting List. Hence their camping tickets, if they were given any, would be dismissed prior to court (even without having to mount a Necessity Defense).

Activists and homeless sleepers should note that police can still charge people under PC 647e, the state “anti-lodging”” law (actually being used by sheriff and police as an anti-protest or anti-loitering law in the last few years). However, the documentation that one is on the Waiting List is also a good basis for mounting an affirmative Necessity Defense if D.A. Bob Lee wants to take any such charges through to jury trial.

Hopefully such trials would have a better outcome than those of the Peace Camp 2010 activists, who got screwed thanks to testimony from Executive Director Monica Martinez and others that there were a few spare beds (for the 1000+ homeless outside). The Jones decision–which I’m told by San Luis Obispo attorney Stu Jenkins is still federal legal precedent in spite of being depublished–held in L.A. that one doesn’t have to establish there were no beds that night or that one even tried to get one, if it was common knowledge that finding such a bed was highly unlikely given the chronic shelter emergency.

I should add I don’t recommend these programs or shelters, as Razor Ray seems to imply. Rather I suggest this Waiting List approach as both a protest strategy and to protect yourself legally as a homeless person who has to sleep at night who’s completely uninvolved in protest. Given the legal system the way it is, this approach is my suggestion.

I suggest bringing a copy of the receipt template with you to the HLOSC, and then making a second copy for yourself (so that you can give one to the cop). The cop may not (and probably will not) initially stop ticketing, but in future legal action it will become clear that police ticketing in the face of these receipts is a form of harassment since tickets are to be automatically dismissed under MC 6.36.055.

More of this thread (some of it contentious) can be found at http://www.indybay.org/newsitems/2013/04/17/18735380.php?show_comments=1#18735440 .

Sleep Protest Continues Into the Day in Downtown Santa Cruz

http://www.indybay.org/newsitems/2013/04/17/18735380.php?show_comments=1#18735398

by Robert Norse

Thursday Apr 18th, 2013 8:26 AM

According to Sonny in a phone conversation, the group spent the night peacefully, moved from the steps so they could be swept by a postal official, and had a polite encounter with three cops who neither ticketed them nor asked them to move from their new spot on the sidewalk. Reportedly, they plan to continue their protest through the day with signs educating the community about the Sleeping Ban.

Brent Adams has created a great video (see http://www.youtube.com/watch?v=tBWhgjXrKaY) pressing for a Sanctuary Camp. My own conversations with local homeless people on Pacific Avenue last night indicated that they were generally supportive of the Visible Sleepers, though not willing to risk harassment, citation, or arrest themselves.

I was also glad to see Food Not Bombs activists there supporting the Sleepers. The issues involved are basic and important ones in a city with no shelter for 95% of its homeless.

I’ll be playing interviews tonight on Free Radio Santa Cruz from 6-8 PM at 101.3 FM (streams at http://tunein.com/radio/FRSC-s47254/). Feel free to call in with your thoughts at 831-427-3772.

I encourage all homeless people to sign up for the Waiting List at the Paul Lee Loft at 115 Coral St. so that their camping tickets will be dismissed under MC 6.36.055.

MC 6.36.055 reads
(a) A person shall not be in violation of this chapter [the Camping Ordinance] if, at the time of his or her citation for a violation of this chapter, either: the winter shelter at the Santa Cruz National Guard Armory is filled to capacity; or the person is currently on the waiting list for shelter service through one of the shelter programs offered by the Homeless Services Center or the River Street Shelter in Santa Cruz.
(b) Any citation issued for a violation of this chapter shall be dismissed by the city attorney in the interest of justice if, at the time of citation issuance, the winter shelter at the Santa Cruz National Guard Armory is filled to capacity or the recipient of the citation demonstrates that on the date of the citation he or she was currently on the waiting list for shelter service through one of the shelter programs offered by the Homeless Services Center or the River Street Shelter in Santa Cruz.

A discussion of the California Homeless Bill of Rights will be held at 2 PM Saturday at the Sub Rosa Cafe with Keith McHenry a featured speaker. See http://www.indybay.org/uploads/2013/04/15/arm_the_homeless.pdf.

I encourage folks to support the protesters with blankets, food, dialogue, and calls to City Hall demanding lifting the police harassment and Sleeping Ban citations and/or providing a safe place to sleep as an emergency measure whether in a parking garage, a campground, or somewhere else. Call 831-420-5020. E-mail them at citycouncil [at] cityofsantacruz.com . But don’t hold your breath.

Homeless Activists Ask Community to Join Them 9 PM Tonight in Front of Santa Cruz Post Office

6-9 homeless people carried forward their plan to document the lack of shelter in Santa Cruz and then educate the public through direct action tonight. I am told they plan to rally on the sidewalk outside the main post office in downtown Santa Cruz at the intersection of Water and Pacific Avenue at 9 PM. Anyone who wished to is invited to attend. I was asked to pass on this and the following information.

PILGRIMAGE TO CORAL  STREET
As planned a week before, the group of people went to the Homeless (Lack of) Services Center at 115 Coral St. earlier this afternoon and requested to be put on the Waiting List for  the Paul Lee Loft.  They were advised by Charles, a worker there, that the shelters were full but that they’d be put on the Waiting List after filling out an application.  When asked if they could get a receipt or some documentation for their Waiting List status, Charles said no, nor would he give them any written statement about the shelter being full.

Other asked Charles the same question and told him that Executive Director Monica Martinez had publicly stated that on request, the HLOSC would provide receipts that one was on the Waiting List.  Christine, another worker, and he then agreed to do so.  He acknowledged he’d not done so before in the last year.

Since they had no receipts available, HUFF workers provided their own version of a receipt which they’d created, anticipating that the HLOSC wouldn’t have any handy.   Christine and the  HLOSC staff helpfully copied, filled out, and signed them for the 8 or so clients applying, documenting that each person was on the Waiting List for the Paul Lee Loft.

THE IMPORTANCE OF WAITING LIST STATUS
Waiting List status means that camping tickets will automatically be dismissed by the City Attorney’s office prior to court, as stipulated by MC 6.36.055.   It might also persuade the police of the futility and even impropriety of giving out camping tickets at all, since all such tickets are supposed to be automatically dismissed.

We also interviewed a few workers out there who confirmed that there were no spaces available on the Paul Lee Loft–suggesting that anyone cited for the more serious offense of “illegal lodging” (PC 647e) would have a “necessity” defense in court.

I hope this procedure will be followed by every homeless person so that they can more safely sleep in groups, well-lighted areas, and closer to police protection–given the increased risks homeless people face outside from violence.   The procedure again is to go to the HLOSC M-F around noon, sign up for the Paul Lee Loft Waiting List, and get a receipt indicating you are on the list.  You then have to check in once a week or your name will be removed from the list.

TONIGHT OUTSIDE ON THE SIDEWALK  NEAR THE MAIN POST OFFICE
This group of homeless people claims to have repeatedly been harassed by police and/or rangers for simply being on public property, to say nothing of sleeping.  In response, it is my understanding they intend to exercise their right to be on the sidewalk (perhaps another group might call it “Positive Loitering”), even to sleep there, since they have no legal place to sleep.

Two  of those involved–Freedom and Andrew–were arrested yesterday and apparently face misdemeanor charges involving something like “disobeying an officer”.  (See “ALERT: Two Arrested For “Being” in the Pogonip” at http://www.indybay.org/newsitems/2013/04/16/18735297.php) with trial slated for May 14th.)

Sleeping During the Day–Now a Crime in Santa Cruz?

http://www.indybay.org/newsitems/2013/04/16/18735297.php

ALERT: Two Arrested For “Being” in the Pogonip
by Robert Norse
Tuesday Apr 16th, 2013 5:07 PM

I received the following information by phone a few minutes ago. The charges against the two arrested were not clear, though they may be something like “camping” (i.e. survival sleeping during the day–which is not illegal).

I just received a preliminary report from two of six people who were accosted by authorities in the Pogonip about an hour or two ago. Two others in the group–Freedom of Occupy Santa Cruz and Andrew–were arrested for failing to leave (the charge was unclear). Since it was during the day, the Pogonip was open. One of those I spoke with, Baba, told me that when he asked what their crime was and why they were being told to leave, one of the three officers (a ranger, a SCPD officer, and a sheriff) told him “what if a family with some children came down and saw you here?”

Baba noted that he first found this offensive with the implication that they were “unsightly” because of their appearance (youthful traveling alternative culture folks). Then on reflection he was even more deeply troubled because the officer’s comments implied that the area was open to families but not to “his kind”.

Baba noted that the officers did not confiscate any property, gave them time to move their stuff (including two dogs), and told them they could “go to some other city”. It was still not clear what Freedom and Andrew were arrested for, but I hope to learn more soon.

Freedom had widely announced her interest in convening a meeting to deal with safe and secure sleeping space for the 100 people denied shelter when the Winter Armory Shelter had its last night on April 14th-15th.

The weekly HUFF meeting, as described at http://www.indybay.org/newsitems/2013/04/15/18735243.php tomorrow at 10 AM will discuss the situation. All are invited.

I’m attaching a history of criminalization of the homeless from WRAP (Western Regional Advocacy Project), a group of West Coast organizations fighting for the civil rights of those outside.

Pam Kinkaid–Fighter for the Fresno Homeless

NOTE BY NORSE:  Fresno has numerous survival camps–none of them funded by the City or legal.  They developed and retain a certain existence through the work of independent activists gathering funds for portapotties, garbage pick-up’s, and oother supplies.  Much of their support came from the  homeless victory in the famous Kinkaid lawsuit of 2007, when the City of Fresno and Cal-Trans had to pay $2 million+ to the  Fresno homeless and their attorneys for seizing and destroying property (sound familiar?).    Mike Rhodes, long-time activist and Community Alliance newspaper editor, gives some of the background in this video:

A fresno activist writes:

Please share the campaign link with your family, friends and network…
Unfortunately, since 2 weeks have passed and I haven’t raised the minimum $500, the campaign is no longer found on the ‘browse’ section of Indiegogo’s website.  It can only be found through direct link.  Those are part of Indiegogo’s merit-based policies to give all campaigns a chance.  Currently, there are $130 in funds raised, so an additional $370 is needed to be featured on the website again for the remaining 40 days. 
Spread the word and donate if you can.  Any amount of money can be donated, including $1 dollar.  You only need to donate a minimum of $15 dollars if you want to receive any contribution ‘perks.’
Remember, 100% of proceeds go directly to the non-profit Eco Village Project of Fresno.
On my part, I will contact several organizations this week, join several blogs and as many homeless & human rights groups as I can to get the word out.
-Mario

Nevada’s Therapy of Choice: Patient Dumping?

NOTE BY NORSE:   A  favorite Santa Cruz homeless-hostile comment by those who want to restrict the highly-limited homeless services available, intensify anti-homeless laws, and “crackdown” on homeless survival camps is that other cities in the country bus their homeless to Santa Cruz because of its “wonderfully permissible” and “enabling” policies.   In the two dozen years I’ve been an activist here, interviewing several thousand  homeless people since 1988, I’ve never had a homeless person volunteer that information about themselves.  If anyone has had that experience, please e-mail me at rnorse3@hotmail.com .

Nevada buses hundreds of mentally ill patients to cities around country

By Cynthia Hubert, Phillip Reese and Jim Sanders
chubert@sacbee.com
Published: Sunday, Apr. 14, 2013 – 12:00 am | Page 1A
Last Modified: Sunday, Apr. 14, 2013 – 7:58 am
Over the past five years, Nevada’s primary state psychiatric hospital has put hundreds of mentally ill patients on Greyhound buses and sent them to cities and towns across America.

Since July 2008, Rawson-Neal Psychiatric Hospital in Las Vegas has transported more than 1,500 patients to other cities via Greyhound bus, sending at least one person to every state in the continental United States, according to a Bee review of bus receipts kept by Nevada’s mental health division.

About a third of those patients were dispatched to California, including more than 200 to Los Angeles County, about 70 to San Diego County and 19 to the city of Sacramento.

In recent years, as Nevada has slashed funding for mental health services, the number of mentally ill patients being bused out of southern Nevada has steadily risen, growing 66 percent from 2009 to 2012.

During that same period, the hospital has dispersed those patients to an ever-increasing number of states.

By last year, Rawson-Neal bused out patients at a pace of well over one per day, shipping nearly 400 patients to a total of 176 cities and 45 states across the nation.

Nevada’s approach to dispatching mentally ill patients has come under scrutiny since one of its clients turned up suicidal and confused at a Sacramento homeless services complex. James Flavy Coy Brown, who is 48 and suffers from a variety of mood disorders including schizophrenia, was discharged in February from Rawson-Neal to a Greyhound bus for Sacramento, a place he had never visited and where he knew no one.

The hospital sent him on the 15-hour bus ride without making arrangements for his treatment or housing in California; he arrived in Sacramento out of medication and without identification or access to his Social Security payments. He wound up in the UC Davis Medical Center’s emergency room, where he lingered for three days until social workers were able to find him temporary housing.

Nevada mental health officials have acknowledged making mistakes in Brown’s case, but have made no apologies for their policy of busing patients out of state. Las Vegas is an international destination and patients who become ill while in the city have a right to return home if they desire, the state’s health officer, Dr. Tracey Green, told Nevada lawmakers during a hearing last month.

She and others insist that the vast majority of patients they are discharging to the Main Street bus station are mentally stable and have family members, treatment programs or both waiting for them at the end of their rides.

That was not true in Brown’s case. His papers from Southern Nevada Adult Mental Health Services read: “Discharge to Greyhound bus station by taxi with 3 day supply of medication” and provided a vague suggestion for further treatment: “Follow up with medical doctor in California.” Brown said staff at Rawson-Neal advised him to call 911 when he arrived in Sacramento.

Nevada Health and Human Services Director Michael Willden told lawmakers last month that while health officials “blew it” in their handling of Brown, an internal investigation found no pattern of misconduct.

But an investigation by the Nevada State Health Division documented several other instances from a small sampling of cases in February in which the state hospital violated written rules for safely discharging mentally ill patients.

Other apparent violations surfaced during The Bee’s investigation.

At least two patients from the Nevada system arrived in San Francisco during the past year “without a plan, without a relative,” said Jo Robinson, director of that city’s Behavioral Health Services department.

“We’re fine with taking people if they call and we make arrangements and make sure that everything is OK for the individual,” Robinson said. “But a bus ticket with no contact, no clinic receptor, anything, it’s really not appropriate.”

Robinson said she viewed the practice as “patient dumping,” and has reported it to federal authorities. “It’s offensive to me that they would show this lack of care for a client,” she said.

Practice called risky

Nevada mental health officials did not respond to repeated requests for phone interviews for this story, nor would they address a list of emailed questions about the origins of the busing policy and the safety protocols in place.

Southern Nevada Adult Mental Health Services, the agency that oversees Rawson-Neal, maintains detailed written policies for transporting patients “to their home communities,” with the stated goal of providing more appropriate care by the most economical means possible.

The policy includes a special section on “Travel Nourishment Protocol,” specifying the number of bottles of Ensure nutritional supplement the patient should receive for the bus trip – essentially six per day.

Staff members are supposed to fill out a “Client Transportation Request” form, which includes questions about whether the patient is willing to go, whether housing or shelter has been verified, and the cost of the trip.

The written policy calls for staff to confirm that a patient has housing or shelter available “and a support system to meet client at destination.” They are to provide information about “mental health services available in the home community.”

Interviews with health officials in California and numerous other states indicate Nevada’s practices are unusual. None of the 10 state mental health agencies contacted by The Bee said that placing a psychiatric patient on a bus without support would be permissible. And none recalled being contacted by Rawson-Neal to make arrangements for a patient coming from Nevada.

In California, where most public mental health treatment is overseen at the county level, agencies contacted by The Bee said they rarely bus patients and that Nevada’s practices seem out of step with the standard of care.

Several described the practice as risky, even if patients have someone waiting for them at the end of their journeys.

“Putting someone whose mental illness makes them unable to care for themselves alone on a bus for a long period of time could be absolutely disastrous,” said Dorian Kittrell, executive director of the Sacramento County Mental Health Treatment Center.

Patients could suffer relapses during their trips and potentially harm themselves or other people, said Kittrell and others. They could become lost to the streets or commit crimes that land them in jail.

“The risk is just too great,” said Dr. Marye Thomas, chief of behavioral health for Alameda County.
Southern Nevada Adult Mental Health Services has had an ongoing contract with Greyhound since July 2009, said bus company spokesman Timothy Stokes.

Stokes said he was unaware of any serious incidents involving mentally ill patients from Nevada. He said Greyhound has contracts with “a number” of hospitals around the country, but declined to identify them.

“We take it on good faith that the organization is going to make certain that patients are not a risk to themselves or others,” he said.

Still, officials in several of California’s largest counties said they rarely, if ever, bus patients out of state.
“We don’t do it, we never will do it, and we haven’t done it in recent memory, meaning at least 20 years,” said David Wert, public information officer for San Bernardino County. Rawson-Neal has bused more than 40 patients to that county since July 2008.

Los Angeles County officials said they have not bused a single patient out of state during the past year, and when they have done so in the past they have supplied chaperones. In the past five years, L.A. County has received 213 people from the Nevada hospital, according to The Bee’s review, more than any place in the country.

Likewise, in Riverside County, sending patients out of state “happens very infrequently upon request of the family,” said Jerry Wengerd, head of the county’s Department of Mental Health. “A staff member accompanies the client and it is usually by air.” Nevada bused 20 patients to Riverside in the period reviewed.

Sacramento County bought bus tickets for five patients during the past year, Kittrell said. In all cases, he said, facility staff confirmed before patients departed that a family member or friend would meet them at their destinations, and provided referrals for treatment.

Organizations that advocate for mentally ill people said Nevada’s busing numbers seem unjustifiably high.
DJ Jaffe, executive director of Mental Illness Policy Org., a nonprofit think tank, said his group often hears anecdotally about patients being “dumped” from one county to another.

“Discharging severely mentally ill patients inappropriately is policy in this country,” Jaffe said. “But getting rid of them altogether by busing them out of state is, I think, rare. I am shocked by these figures. It seems to be almost routine in Nevada.”

After California, Arizona has received the most patients by bus from Nevada, at more than 100 over the five years.

But Cory Nelson, acting deputy director for the Arizona Department of Health, cautioned against drawing conclusions about Nevada’s practices based solely on number of bus tickets issued. In many cases, Nelson said, relatives could have agreed to house patients or made treatment arrangements before the clients left Las Vegas.

In rare cases, Nelson said, a hospital can find itself in a Catch-22 situation when a patient no longer needs to be in a hospital but refuses to cooperate with a discharge plan. “It kind of leaves a hospital in a tough situation,” he said.

Still, the sheer number of patients bused from the Nevada hospital “does seem pretty high,” he said.

‘A tsunami situation’

Several people interviewed said the numbers might be explained in part by the unusual nature of Las Vegas.

“As the whole country no doubt knows, Vegas is a pretty unique place,” said Dr. Lorin Scher, an emergency room psychiatrist with UC Davis Health System.

The city’s entertainment and casino culture draws people from all over the world, Scher noted, including the mentally ill.

“Many bipolar patients impulsively fly across the country to Vegas during their manic phases and go on gambling binges,” he said. “Vegas probably attracts more wandering schizophrenic people” who are attracted to the warm weather, lights and action, he added.

“I am by no means defending their practices,” he said. “It certainly gives cause for concern. But it’s one possible explanation.”

Stuart Ghertner, former director of Southern Nevada Adult Mental Health Services, cited other possible reasons.

He said Rawson-Neal has been under siege for years because of state budget cuts, a steady increase in poor people needing mental health services in the Las Vegas area and a revolving door of administrators.
He noted the city had a disproportionate number of people displaced by the housing and mortgage meltdown of a few years ago.

“The casino boom was over, people were losing their jobs and their homes. They were stressed and they wound up in a mental health crisis,” Ghertner said.

Between 2009 and 2012, Nevada slashed spending on mental health services by 28 percent to address budget deficits, according to data collected by the National Alliance on Mental Illness. Even before those cuts, Nevada fell well below the national average in spending on mental health services: In 2009, it spent $64 per capita on such services compared with a national average of about $123, according to the study.

“You’re looking at a tsunami situation,” said Ghertner, a psychologist who resigned last year after five years as agency director. “There is more pressure to turn patients over faster, and fewer programs (in which) to place them. Perhaps busing them became the easier solution.”

It also is cheaper, he noted. Southern Nevada Adult Mental Health Services spent a total of $205,000 putting patients on Greyhound buses during the past five years, according to The Bee analysis. The state hospital admits about 4,000 patients a year to its inpatient unit, and inpatient care runs around $500 per day per client, Ghertner said.

He said he was aware during his tenure that Rawson-Neal was busing patients out of state but that he thought the practice was rare.

At the time, “I had 800 employees and a $106 million budget,” he said. Ghertner regularly reviewed numbers pertaining to admissions, length of stay and other issues at the hospital, but patient busing was never on his radar, he said.

“I’m embarrassed to say that this practice was going on to this degree under my leadership,” he said. “I had no idea. It just never came up.”

Ghertner said the state mental hospital has been under stress since it opened in 2006, turning over five hospital directors since that time. That instability has taken a toll, he said.

“This busing issue is a symptom that reflects that the care there is not quality care,” he said. “Things clearly are being missed.”

Willden, Nevada’s Health and Human Services director, said during last month’s legislative hearing that policies have been tightened and disciplinary actions taken to ensure that patients are discharged only after the hospital confirms care and treatment at their planned destinations. The hospital administrator, Chelsea Szklany, now must approve all bus discharges ordered by medical staff, he said.

“Southern Nevada Adult Mental Health Services is committed to providing quality mental health services to its patients,” said spokeswoman Mary Woods in an emailed statement.

But investigations continue into the agency’s practices.

Rawson-Neal could lose vital federal funding pending an ongoing probe by the federal Center for Medicare and Medicaid Services. California state Senate President Pro Tem Darrell Steinberg has written a letter expressing outrage to U.S. Secretary of Health and Human Services Kathleen Sebelius.

The hospital’s discharge practices also have prompted a call for action by a member of the U.S. Commission on Civil Rights. Commissioner David Kladney called for a broad investigation by Nevada’s governor and Legislature.

“As a Nevadan, I am ashamed that my state is failing in its duty toward the neediest residents,” Kladney said. Nevada, he said, appears to be “simply hoping that other states will shoulder the responsibility.”


Call The Bee’s Cynthia Hubert, (916) 321-1082. Follow her on Twitter @cynthia_hubert. Bee researcher Pete Basofin contributed to this report.


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California Homeless Bill of Rights: Action Updates!

Finally, A Bill of Rights for the Homeless!

By Rita McKeon, Member of the BOSS Community Organizing Team (COT), a project of Building Opportunities for Self-Sufficiency
Thursday April 04, 2013 – 08:35:00 PM
Authored by Assembly Member Tom Ammiano, the California Homeless Bill of Rights, AB5, had its first hearing in Sacramento on April 1st, 2013.

In recent years several cities have enacted or attempted to enact “broken window” lawslaws designed to criminalize homeless people and remove them from public view. The California Homeless Bill of Rights and Fairness Act is a first step to de-criminalize homelessness and grant equal rights protection to ALL: housed and un-housed.

This legislation would be a major public statement recognizing the basic human and civil rights of people without homes. It will help shift our discussions from the characterization of homeless people as vagrants or service-resistant to the reality in our society that there are not enough homes that are affordable on very low incomes, not enough jobs for people with low skills, not enough care for people with serious physical and mental health needs. Our discussions can then shift from blaming the victims to solving the problems: this is what AB5 will do—publicly validate the dignity of people without homes so we can direct our attention and resources to fixing the problems they face.
Inhumane laws do not solve poverty, they only increase the misery of being poor. In many major US cities there are ordinances that make it punishable by law to feed homeless people and laws that make it illegal to “camp” in a public space, ultimately making it illegal to sleep, a basic human need. Some laws even make it illegal to sleep in your car. Hundreds maybe thousands of people end up with citations they cannot afford to pay, some facing jail time because they were caught sitting or sleeping.
This is both a waste of tax payer dollars and a civil rights abuse. In February 2013, in the San Francisco Tenderloin District, a homeless man spent 30 days in jail because on two occasions a police officer found him sleeping on a milk crate. He was charged with public nuisance, unauthorized lodging and obstructing a sidewalk. The first two violations are listed as misdemeanors which can carry a year of jail time each – again, for sleeping on a milk carton.
Whose quality of life is being improved by broken window laws? City officials say the goal of these ordinances is to preserve quality of life and keep down public nuances. Yet, citing homeless people and inflicting them with costly violations and jail time does not address their quality of life—rather, these laws are designed to serve big business and developers who want clear streets and storefronts. The fact is, people do have the right to sit, stand, and gather peacefully in public areas. And for behaviors that are less than peaceful or that damage property, there are already laws in place.
Everyone is deserving of equal rights and protection. The California Homeless Bill of Rights and Fairness Act will assure the protection of homeless people’s property rights, access to public space, right to safety, right to sufficient health and hygiene centers, right to engage in life sustaining activities, right to privacy and confidentiality, right to counsel, right for homeless school children to stay at the same school they attended before they became homeless, and more. You can find the full Bill text on assembly.ca.gov.
It’s about respect and dignity! When AB5 is passed it will help ensure that homeless people are treated as human beings: with respect and dignity. Send a letter of support to your district Assembly Member. Visit www.wraphome.org to learn more about the efforts to pass AB-5.


AB-5 is authored by Assembly Member Tom Ammiano (D, San Francisco) and co-sponsored by Western Regional Advocacy Project, Western Center on Law and Poverty, JERICHO: A Voice for Justice, and the East Bay Community Law Center. See a full list of Bill supporters at http://wraphome.org/images/stories/ab5documents/AB5EndorsersMarch132013.pdf.