What is 75 River Street worth to Wells Fargo?

Posted on December 23, 2012 by huffsantacruz

by Becky Johnson
December 23, 2012

FOUND ONLINE HERE

Santa Cruz, Ca. — On November 30th 2011, 100 to 200 people entered an empty bank building leased to Wells Fargo and turned it into a community center. After 3 days, they cleaned up the building and silently departed, having made their point: Empty Building ARE the crime! Especially in a City where over 1000 homeless people shiver in the cold each night, and hundreds of people would welcome having a space such as 75 River Street in which to open a business, a non-profit, or some City service which serves the public. Instead, we get nothing. No jobs. No services. Very little in the way of taxes. A deadspot right downtown, so central to Santa Cruz it shares a boundary with the main Santa Cruz Post Office building.

A forlorn-looking “For Lease” sign has been hanging on the north-west corner for years now. Records show that last time the building had an occupant was in 2008 when Wells Fargo “merged” with the locally-owned Coast Commercial Bank. As of this date, its been empty for four years and counting.

Here is why we shouldn’t expect this building to have a tenant anytime soon, especially not at the $28,790/mo. asking rent. You see, the ACTUAL rent Wells Fargo is paying to property owner, Barry Swenson Properties, is $37, 714.90/month. Rentals of commercial properties in downtown Santa Cruz are extremely costly, but even so, no one has rented this space at only 76% of its actual cost.

To understand why Wells Fargo continues this practice, one must understand how banks work. This isn’t the easiest of tasks as bank practices are shrouded in mystery, with all disputes settled in mediation and not subject to criminal prosecution or public record. However, back in the early ’90’s, the Federal Reserve Bank of Chicago published a helpful pamphlet called “Modern Money Mechanics.” While currently out of print, some enterprising person photo-copied it and helpfully posted it online here.

Here is undoubtedly what Wells Fargo is doing with the property at 75 River Street.

Taking the higher amount (the ACTUAL rental cost) of $37, 714.90/mo. we multiply this by 12 so we can determine the yearly value/cost of the lease = $452,578.80/yr

This value is added to Wells Fargo‘s portfolio as an asset with a dollar value, whether it is rented out or not. According to the rules of the Federal Reserve fractional banking system, WF must keep 1/10th on hand and can lend out 9/10ths of the value to its customers in the form of home, car, and business loans. Therefore, the $452,578.80 becomes the 1/10th and WF legally places 9/10ths of that amount into its general accounts, manufacturing that amount completely out of thin air.

Wells Fargo now has $4,073,209.20 to lend out to you and to me. EVERY YEAR!

Cumulative expansion in deposits on initial deposit of $10,000 over several stages resulting in over $95,000 after 20 stages under Federal Reserve fractional banking system. –From Modern Money Mechanics

They get to keep all of the interest made too.

Out of this inflated amount they pay Barry Swenson Properties $452,578.80 a year rent. He pays the property taxes of $40,000/yr. netting a profit of $412,578.80 per year on the vacant building.

Wells Fargo is now $3,620,630.20 to the good for just one year. This exceeds the asking rental amount of $345,480.00/yr rental income they would get if they actually rented it out to a tenant. Since the property is NOT rented, WF is probably deducting either the lower amount or the higher amount of $452,578.80/yr as a LOSS to offset profits elsewhere in their portfolio.

Now if Wells Fargo has any kind of relationship with any other bank, let’s just say Bank of America, since they have a legal relationship with any bank registered with the Central Banking system of the United States, including BofA. They can “lend” the lease to B of A as a “Stage 2” deposit (minus the 10% WF keeps in its reserves). So B of A then takes the $4,073, 209.20 WF has available to loan.

Since they too are a bank, they can keep 10% as reserves so that THEY can now lend out $36,658,881 keeping the $4,073,209.20 “in reserve”. B of A can now “lend” this amount to another Central Bank, say Chase as a “Stage 3” deposit and they can inflate the amount by nine-fold as well. And this is how money is created.

Why do bankers get to manufacture all this money out of thin air? Because of the Federal Reserve System which was established in 1913. Why do we allow bankers to profit so immensely while leaving “dead spots” in our community? I guess because no one can believe what the enormity of their crimes.

Currently I am facing 4 charges leveled by Wells Fargo against 11 local activists, Occupy Santa Cruz members, and alternative media journalists. I am accused of felony conspiracy to trespass and felony conspiracy to vandalize the empty building at 75 River Street, as well as 2 misdemeanor counts of trespass and vandalism. You see, as a homeless activist, I believe these buildings should be used for housing, businesses, non-profits, or community services. With homeless people dying on our streets, Empty Building ARE the Crime! While I am innocent of these charges, I considered the 3-day occupation of the building to be a righteous act drawing attention to an injustice occurring right in our community.

In addition, Wells Fargo has cooked up enormously overblown charges of $26,000 in “damages” for which they have submitted billing sheets. Of the 9 contractors WF used, not a single one was from Santa Cruz County, including rekeying the entire building using a locksmith in Foster City and getting broken furniture removed and taken to the dump by a contractor in San Leandro, California. In fact, these invoices for “damages” mirror the trumped-up documents Wells Fargo uses as assets to charge you and me REAL money.

But until the fractional banking reserve system is reformed, we will see no changes. Empty buildings surround every bank we see. And indeed, in Santa Cruz, they are everywhere.

Venice Jury’s Message: “Clean Up Your Act or the Homeless Community Will Do It For You” Resist the Bigotry and the Bigots Scatter !

Posted on December 23, 2012 by huffsantacruz

Sun, 23 Dec 2012

PEOPLE vs BUSCH: Home-Made Porta-Potty On Third Ave Not A Crime

Posted: December 20, 2012

———————
Twelve jurors, on Wednesday, Dec 19, after about 1 hour of deliberation –found David Busch’s home-made Porta-Potty for the homeless, which was torn down and destroyed by the LAPD last April –had been a lawful benefit to the Venice community.

Early this year, after pushing hundreds of homeless people and youth travelers off of Venice Beach’s Boardwalk from midnight until 5 am in the morning –and with no toilets available until nearly 8 am, Busch had been arrested by LAPD and charged with “creating and maintaining a public nuisance” (P.C. 372); for erecting a homemade Porta-Potty on Third Ave, near Rose; where up to 120 people, with no toilets, had begun attempting to find a safe shelter.

Starting with a tent for privacy, and after the City’s, own, unlawful, beach closure –Busch began collecting donations of soap, cleaning supplies and toiletries –and himself emptying and re-cleaning daily a bucket and a toilet seat lid for the Porta-Potty. The setup was in line with procedures outlined in Red Cross emergency manuals.

Maintaining the Porta-Potty necessitated hauling tightly sealed 5 gallons buckets –nearly four large city blocks to the nearest public toilets –and often two or three times a day.

In proving his innocence, Mr. Busch had to demonstrate that the utility of his conduct outweighed any offense to the larger community.

Additionally, Busch also was charged with violating LAMC 56.11: “Leaving property on a public sidewalk or street:”

For having, also, thereafter on Third Ave., a shopping-cart sized wheeled box –which he called his “Love Box.”
After an six additional hours of deliberation, and after three requests to the Judge, for the court to clarify the law and testimony –regarding the vague charge, which were all denied, the jury, in response, returned it’s verdict:

“Guilty.”
For violating LAMC 56.11.

LAMC 56.11 has been for several years constrained by a Federal Injunction –to prevent seizure of homeless people’s property that is merely left on the sidewalk, and not abandoned. In this case, the Judge did not allow a proposed jury instruction, that would have stated the charge must be balanced by all people’s 4th Amendment Right to Property.

During sentencing, for his un-abandoned Love Box on the sidewalk, the Los Angeles City Attorney’s Office demanded that Busch be entirely banished from Venice –for three years.

The Judge, instead, sentenced Busch to no probation, one day in jail, and time served.

Stated Busch at the end of the trial. “Today, after three days, and hours and hours of absurd testimony, presented by LAPD officers and City Hazardous Waste employees: absurd testimony from Officers that they never saw urination or defecation in Venice’s streets, or gutters, or alley’s; testimony that feces –contained in a bucket and later dumped down the toilet, was a greater threat to the watershed than the more than 60 lbs of feces and urine deposited in the streets, sidewalks and alleys –And all of which, supposedly, was meant to pick apart my own effort to keep the area clean –Venice’s Police Officers were given new, common-sense orders by their highest authority, the people:

12 jurors have instructed LAPD to open up their eyes –and recognize that even a homemade porta-potty by a homeless person is better than urination and defecation everywhere in Venice’s streets.

David Busch was represented by Defense Attorney John Raphling; who provided his services Pro-Bono, and is a member of the National Lawyers’ Guild.

December 21, 2012

City Responds to Busch Verdict

Sandy Cooney, communications director for Los Angeles City Attorney’s office, gave the following statement regarding the verdict in the People vs. David Busch trial:
“That Mr. Busch was not found guilty of the public nuisance charge does not give him the right to violate the law. The result on this count is no guarantee of a similar outcome should there be a second offense, which we certainly hope will not occur.”

NOTE FROM NORSE: And in the meantime, the message from the housed bureaucrats in Santa Cruz and Venice seems to be “hold your water and learn bowel control”.

Santa Cruz has no 24-hour bathrooms this side of hiway 1. And only one on the distant side–in the Homeless (Lack of) Services Center. The Clean Team activist Danilo T.J. Magallanes has called for public bathrooms, as it engaged in its dramatic and community-supported clean-up’s earlier this month. They brought needles to City Council but also had available lots of fecal and waste material collected because of inadequate city clean-up and facilities.

12 years ago the City’s own Homeless Issues Task Force called for 24-hour bathrooms. The city has done nothing–not even replaced the five portapotties that were in place for a few years around 2000 in response to activist demands.

Sign our petition – “Access To Toilets Is a Human Right” – make toilets available to homeless people – http://www.change.org/petitions/access-to-toilets-is-a-human-right

Venice’s Own ‘Skid Rose’ Homeless Camp at 3rd Slowly Being Flushed by City Officials

By Simone Wilson Thu., May 3 2012 at 1:30 PM

7 Comments

Triangle Update

The LAPD busted well-known Venice homeless guy David Busch for setting up a toilet in his tent.

Ever since the LAPD started enforcing a strict curfew along the Venice boardwalk, the homeless hangout on 3rd street (located a few blocks inland) has blossomed into a bona fied bum party. The stretch of 3rd where they sleep, between Sunset and Rose, is mostly populated by businesses and warehouses. But as the camp has grown, the sleeping bags and shopping carts have begun creeping out onto residential sidewalks…
… and freaking out the gentry who live in the expensive, highly coveted homes along iconic Rose Avenue.
Thus earning this transplant boardwalk the name “Skid Rose.”
And for the moment, there’s nothing anybody can do about it, announced L.A. City Councilman Bill Rosendahl on his blog yesterday (after the LA Weekly repeatedly asked for an interview on the subject for about a week).
“Due to two court cases … the City’s ability to enforce its laws has been significantly restricted,” writes Rosendahl. The gist: Until 1,250 housing units are built for homeless folks in L.A., they’re allowed to sleep on the sidewalk. The L.A. Housing Department informs Rosendahl that the city is still “several hundred” units short.
But cops and politicians are apparently circumventing those legal ramifications by nabbing the homeless at 3rd and Rose for other crimes.
Namely, resting or storing their possessions on the sidewalk between the hours of 6 a.m. and 9 p.m., which is still illegal, says LAPD Lieutenant Paola Kreeft. Other drifters have been busted for drugs, violence, breaking into cars, etc.
Rosendahl begs residents to have a little compassion:

“The question should not be: should we allow people to sleep on the streets? The question must be: how do we provide people housing, services, and shelter so no one has cause to sleep on the street?”

But a big problem with the Venice “homeless” population is that many are free spirits by choice, and would never choose a shelter over the sea breeze. Homeless man and activist David Busch, pictured above with his in-tent toilet, told us recently that he felt the city was unfairly “lumping street vendors, hippies and beach travelers” into the same category as Venice’s long-standing homeless population. Perhaps, he speculated, so that cops can uniformly kick them all out — and the neighborhood can complete its transition to gentrified tourist trap.
Mark Ryavec, the fierce anti-homeless advocate who runs the Venice Stakeholders Association (and who recently posted his adversaries’ home addresses online, causing a community flamewar), says that a brigade of city officials descended upon the encampment last Friday.
The team included LAPD cops on horses, bio-hazard guys from the Department of Public Works and representatives from L.A. City Hall — including Public Works commissioner Andrea Alarcon, royal offspring of City Councilman Richard Alarcon. Also present was the mayor’s Westside deputy, Joseph Hari.
And Venice resident Reta Moser has the photos to prove it:

Triangle Update

“Howard Wong of Bureau of Sanitation (center) and his helper test and remove buckets as Andrea Alarcon films and watches.”

Triangle Update

“Officer Gil discusses situation with [homeless advocate] Peggy Lee Kennedy as officer and Joseph Hari look on.”

Ryavec of the Stakeholder’s Association says the mayor’s apparent new interest in clearing Skid Rose may have to do with a little run-in they had recently at a swanky restaurant on Melrose. A few highlights from the ensuing conversation, via Ryavec’s blog:

“When I told him that I wanted to talk with him about the problems we are having with transient encampments in Venice, he interrupted me and said the real problem was that the council district ‘has no leadership.’ Then he made another derogatory remark about Bill Rosendahl.”

“Then he said, ‘But if you want me involved, I will get involved. You may not like my solution, but you will get a solution. Did you hear me today [referring to his successes with transportation improvements]? I get things done.'”

“I’ll leave you with the Mayor’s parting comments at Mozza: ‘You know, when I leave office, I’m going to move to either Venice or the Pacific Palisades, so I have a personal interest in helping you with this.'”

Ryavec tells the Weekly that since last Friday, when the encampment at 3rd was scrubbed of its dirt and its drifters, “a few of them have come back.” However, he says city officials have promised to “come back this Friday and the week after that, until [homeless people] get the message that this is not a campground.”
Rosendahl confirms: “Further clean-ups will happen, and on a regular basis.”
Meanwhile, the real Skid Row, where the mayor certainly never intends to live out his golden years, is clogging up with more transients and trash bags than ever before, the LAPD tells Blogdowntown. Looks like one grimy stretch of downtown L.A. might be the official dumping ground for riff-raff scraped off the city’s finer sidewalks.

about that Venice Beach encampment, or “Skid Row West”…

Posted on May 6, 2012 by Katherine

City workers cleaning around the Venice encampments—where are these guys in Skid Row—the ORIGINAL Skid Row that is?

Venice Beach has been getting a lot of cross-press with Skid Row recently with a homeless encampment that has sprung up along 3rd and Rose Streets. I have been following this story in the press, click here for some info in this. In recent weeks, dozens of homeless people have been sleeping in this area after the city began enforcing an overnight curfew on the Venice Boardwalk.

This area is now being called, “Skid Row West”, or “Skid Rose”, (because of the Rose Street location). Unfortunately, the City of Los Angeles has yet to find real solutions or build enough housing for the homeless population of this fine City, so people continue to be just pushed around from one place to the next. Some say the people on the streets are merely “housing resistant”, others acknowledge that the majority on the streets now are either mentally ill or serious substance abusers or both (which is my opinion). Whichever the case may be- Los Angeles has no real solutions for the thousands of people on her streets nightly- unlike other large metropolises across America which have made great strides in getting vulnerable people off the streets. Click here to read a great article by Steve Clare who is executive director of the Venice Community Housing Corporation, a nonprofit housing and community development organization serving the Westside of Los Angeles about real workable solutions for the homeless of LA.

In reading about this situation in Venice here, I couldn’t help but notice a glaring disparity in the way the City is cleaning up around the encampments over there on the Westside- as opposed to over here in the real Skid Row. According to the LA Weekly article linked to above called, Venice’s Own ‘Skid Rose’ Homeless Camp at 3rd Slowly Being Flushed by City Officials, by Simone Wilson Thus., May 3 2012,

…The team included LAPD cops on horses, bio-hazard guys from the Department of Public Works and representatives from L.A. City Hall — including Public Works commissioner Andrea Alarcon, royal offspring of City Councilman Richard Alarcon. Also present was the mayor’s Westside deputy, Joseph Hari.

…Rosendahl confirms: “Further clean-ups will happen, and on a regular basis.”
…

Where are the bio-hazard guys for the REAL Skid Row? We have a serious, entrenched and consistent need for out streets to be power-washed of human waste in the form of urine, feces and vomit that NEVER get cleaned. I will be looking into getting over here whatever they get over there- we are ALL City of LA. I have never heard of the LA Department of Public Works doing any clean-up for Skid Row.

Great strides have been made recently with Operation Face-Lift/Skid Row 2012, which began in 2008 by actual community residents of Skid Row (watch video here), click here for more information about the 2012 re-energized movement. We have gotten the attention of the City, so that now Street Services- click here for the update- and the Bureau of Sanitation, click here for the 411 on this- have gotten on board with help for our garbage laden streets. But the need is still great, as is our lack of trash receptacles. I’m not sure what is going on over in Venice- but to be clear- Operation Face-Lift is interested primarily in connecting with the people on the streets and getting their involvement and participation in the community-at-large- NOT pushing them away to some other place out of sight, out of mind.

Curious about what all the fuss is over on the Westside- I took a drive over to “Skid Rose” on Friday at about 6pm. What I saw was…not much at all. A few, maybe 3 or 4 bags of what looked like people’s personal belongings, one loveseat, one tent and a couple of gentlemen with shopping carts. I saw no garbage on the streets, no piles of trash anywhere. Frankly, I am confused and slightly angry at all the attention given to this so-called encampment when the needs in our downtown streets far outweigh anything over in Venice- at least from what I personally witnessed on this day. Maybe someone can explain the difference in services that the Westside gets as compared to my neighborhood, the REAL Skid Row.

Venice Homeless File Damage Claims Against L.A.

A March street cleanup in Venice in which homeless people had their belongings trashed prompted a Santa Monica civil rights attorney to file damage claims against the city of Los Angeles.

By Paul Chavez
Email the author
March 31, 2012

A civil rights attorney has filed damage claims against Los Angeles for the March 7 cleanup on 3rd Avenue in which city trash collectors hauled off personal belongings.

Santa Monica-based civil rights attorney Carol Sobel said Friday that she filed the damage claims, which is often a precursor to a lawsuit.

The trash haul March 7 took place on 3rd Avenue between Rose and Sunset avenues and was done by the Los Angeles City Bureau of Sanitation, which is part of the city’s Department of Public Works. Los Angeles City Councilman Bill Rosendahl at the time said the cleanup occurred following many complaints about public urination, defecation, blocked sideways and trash in the street.

A handful of homeless people were allowed to rummage through heaps of garbage the day after the cleanup to search for their personal belongings in a city sanitation yard. David Busch, a homeless activist, pulled his laptop from the trash heap as well as several art pieces. A homeless couple found food, money and clothes among the mounds of trash.
Many of the homeless who lost belongings couldn’t make it to the sanitation yard and had lost money, medication and legal papers, Busch said.

Rosendahl said afterward that he would make it a policy going forward to give the homeless a courtesy notice before cleanups. He later told the Venice Chamber of Commerce during a luncheon that 3rd Avenue would be cleaned up on a weekly basis.

Busch, who sleeps on 3rd Avenue, said a cleanup Thursday morning was met by homeless people who stayed next to their property to prevent it from being thrown away. They were joined by Occupy Venice, Sobel and members of the National Lawyers Guild, who helped tag and guard belongings.
The garbage trucks left after Rosendahl intervened, Busch said.

The homeless in Venice recently have been impacted by a series of developments, including: the recent ban on overnight camping along the Venice Beach boardwalk, limitations on overnight parking for large vehicles and a program to transition vehicle dwellers into housing.

COMMENTS FROM VENICE:

Solecurious

12:07 pm on Thursday, April 5, 2012

This is the dilemma the city struggles with as the homeless population grows unabated. We are not the 1% but we own a home. We, the middle-income, are in a lose-lose-lose situation. While we continue to pay property tax in an eroding housing market, our garage at the back of our home became a public toilet and garbage dump to the homeless.
Guess who has to clean up? We installed a sensor light and the frequency reduced, especially treating our place like a toilet. Every now and then, I still have to remove empty food cartons, old clothing (yes, even underwear) and belonging. Who wants their home to smell like a toilet or look like a dump?
I understand the activists came from a compassionate ground. But they are too close to the forest to see the trees. The money that went into legal suits would be better served for the entire community if it went to solutions to solve the homeless situation and assist homeowners with the cleaning costs. Enough fighting. Start looking for solutions instead!

Deborah Lashever (in response)

8:34 pm on Friday, June 15, 2012

Yes! Solutions are easy! Public restrooms, trash cans would be a good start! The residents complain about trash but the city will supply no trash cans. Residents complain about pooping and peeing but yet the city supplies no porta potties. Who is at fault here? The people who, must pee and put their trash away but have no where to do so or the city for not providing facilities for the entire public?
Please do not blame people who have no resources for oversights the city makes! Complain to the city that it needs to serve all of it’s community members better rather than disrespect the unHoused for having no options. Thank you.

jockiemc

4:05 pm on Friday, April 6, 2012

I agree, we own a business at the end of 3rd street and clients employees are afraid to come and go from the office late at night because of how tricky things look out on 3rd. Overall the problem has to be solved in some way but people living on the street taking drugs and drinking themselves into oblivion is not great for us or more importantly for them! There is no real answer we the people who are running businesses or owning homes have to make as much noise as possible otherwise this issue will become bigger and bigger. i encourage everyone with an interest to call your local councilor and make some noise!

Deborah Lashever
(in response)

8:42 pm on Friday, June 15, 2012

Rather than “making noise” why don’t you demand services that will keep your community cleaner? Demand more porta potties! Demand more trash cans! Demand the Check=in Center for all their belongings! Demand services in Venice! Don’t just hate and bitch….help we who have solutions that are trying to implement them by telling your reps they need to listen to people with real solutions (not strong arm tactics) and implement them! We are all in this together, like it or not. We ALL make up our community!
If you just “make noise” people get abused and the situation stays the same….
Peace.

Another WorldView

1:11 pm on Saturday, June 16, 2012

Can I ask which business you own?
And while some people may have a fear of the UnHoused, some people also fear “blacks” and “mexicans”. Should we as a society, indulge their irrational fears, too? Which Constitutional rights are we ALL willing to sacrifice to assuage the unfounded fears of small number of people.
I have walked and biked down on 3rd street at all hours of the day and night – and have never had any problems, for the most part these folks seem like they just want to be left alone (as we Housed folks have the freedom to be, whenever we like).
And it should be noted, that while there MAY be some increase in the numbers on 3rd, since the police declared the OFW to be a “park” – all of a sudden, there have always been people down there sleeping at night.
Now there are two new (gigantic) HID lamps (I suppose we’re lucky on the “drug” front that no one is exercising their state right to grow ‘medicine’ under those, BTW) new LED street lights, and a 24/7 camera. If anything, that may be the safest street in “the ‘hood”, where you’ve decided to place your business.

(Very Interesting Follow-Up Discussion at http://venice.patch.com/articles/venice-homeless-file-damage-claims-against-los-angeles )

NOTE FROM NORSE: If Venice can expose the bigotry and bullshit, with some energetic media response (even on the comment sections) and some street theater (long live David Busch and Peggy Lee Kennedy!) and some attorney muscle (lawsuits for destruction of homeless property are an obvious need), why can’t we do that here?

Flash Dance and Feed Tonight 12-20 9 PM in front of New Leaf Market, Downtown Santa Cruz

Posted on December 20, 2012 by huffsantacruz

20 Dec 2012

Repeating last week’s “Dance the Frost Away” boogie in front of New Leaf Market, HUFF merrymakers and others will be gathering against the cold for joyful dance-ish calesthenics along with some hot tasty soup from JumboGumbo Joe Schultz at 9 PM tonight. Come one, come all. Dress warmly. Bring cameras and other documentary equipment to celebrate and keep a clear record of any official transgressions!

No jail time for Santa Cruz County woman convicted of unlawfully lodging during Peace Camp 2010 demonstration

Posted on December 15, 2012 by huffsantacruz

By Jessica M. Pasko

Santa Cruz Sentinel: 12/06/2012

FOUND ONLINE HERE

SANTA CRUZ — An advocate for the homeless convicted last month of illegal lodging won’t serve jail time, a Santa Cruz County judge ruled Thursday.

Linda Lemaster could have faced up to six months in County Jail for her conviction of one count of unlawful lodging, a misdemeanor. Judge Rebecca Connolly chose to sentence her to six months on a conditional sentence and ordered her to pay $590 in fines and fees, which she said could be paid through community service hours instead. A conditional sentence is essentially like probation except through the court rather than the county’s probation department.
Jurors found Lemaster had violated the law by staying outside the county courthouse on Aug. 10, 2010 along with people participating in the Peace Camp demonstration, which was aimed at protesting the city’s anti-camping ban. At trial, Lemaster testified that she hadn’t been sleeping outside that night and that she had no intention of doing so.
She and her attorneys maintained that she stayed at the courthouse that night to look after a demonstrator who was ill. Because of her chronic back problems, she said, she was at least partially lying down when deputies arrived and someone had placed a blanket over her.
Prosecutor Alex Byers on Thursday acknowledged Lemaster’s work on behalf of the homeless, but said “we’re not here today because of homeless problems.”
“It’s sad, anyone with a heart considers that,” Byers said, but added, “It’s about the law. Santa Cruz is a very tolerant place but that tolerance has limits.”
The tolerance doesn’t extend to situations where the right to demonstrate infringes upon the rights of others, he said, explaining that the three-month long demonstration brought health risks, property damage and limited access to the county offices for the public. It also cost taxpayers for cleanup and security costs, he said.
“You don’t get to break the law because you don’t agree with it,” the prosecutor said.
Under state law, a person “who lodges in any building, structure, vehicle or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it,” can be found guilty of a misdemeanor.
Byers did not ask for jail time, instead proposing Connolly sentence Lemaster to 40 hours of community service and a three-year conditional sentence.
Lemaster told the court she thought her trial had focused too much on the entire Peace Camp 2010 demonstration rather than on her individual actions. She said that while she accepts the consequences of her actions, she believes the ultimate responsibility lies with the government, which has failed to take care of its people and presented the need for such demonstrations.
Lemaster’s supporters filled the courtroom for the Thursday afternoon sentencing hearing.
“The principles on which this case stood are clearly very important to the community,” defense attorney Jonathan Gettleman said.
Gettleman said the idea of community service as a sentence for Lemaster was “ironic” given that his client’s life revolves around providing services to the community and working for society’s most vulnerable.
Connolly acknowledged the real issues involved with homelessness, but said that Lemaster’s act of civil disobedience was her choice and it carries consequences.
“I do appreciate the efforts made … it served as a vehicle to challenge the consitutionality of the law,” she said.
Gettleman said he plans to appeal the conviction

COMMENTS: .

Robert Norse · Top Commenter · 65 years old

      Wild exaggerations about PC2010’s “damaging” activities were irrelevant and prejudicial, but apparently welcomed by Judge Connolly whose many biased decisions allowing prosecution material in after deadline, refusing to allow the defense to add the full context of Linda’s blog, and other errors will be addressed on appeal.
      Meanwhile it was clear that the smear job the prosecution put on had nothing to do with Linda’s presence there but attempted to confuse the jury with the longer protest (which itself received no littering or vandalism citations, much less prosecutions).
      The Sentinel writer might have noted that Linda testified under oath that she tried unsuccessfully to get clarity from the deputy who told her to leave whether she could still be there as a protester without “occupying” as presumably is guaranteed by the Constitution (and was allowed for others).
      This trial was an ex post facto rubberstamping of deputy behavior in getting rid of a political protest without using a legitimate process or finding any real crime. Kind of familiar these days.

womanofsteel222 (signed in using yahoo)

Showing how capricious and arbitrary the District Attorney’s office has become, in May 2011, a different judge sentenced 2 men convicted of the same “lodging” charge with 400 hours community service. When they refused, the Judge threw them both into jail for 6 months on the spot.

Tasty Survival Soup

Posted on December 15, 2012 by huffsantacruz

Chow Down with Tasty Survival Soup

Compliments of Jumbogumbo Joe Schultz of India Joze Restaurant

Tuesday 7 PM December 11th

Outside City Council Chambers 809 Center St.

Last Council Meeting of the Year Ignores Winter Shelter Emergency

Wander inside as the Old City Council pats itself on the back and the New City Council makes speeches and takes office. The Councilthen adjournsto warm beds until January 8th, leaving 90% of the homeless community without shelter and illegal if they make it themselves.

Pamela Comstock, Cynthia Mathews, and Micah Posner take office replacing Katherine Beiers, Tony Madrigal, and Ryan Coonerty during the evening session of City Council.

8-8:30 PM (time uncertain)

Civic Auditorium 307 Church St.

Schmooze with shady politicians & mangling media

Share coffee & snacks across the street in the Civic

Fight the Crackdown, Ticketing, & Property Seizures

Demand A Ceasefire in the Winter War Against the Homeless Community

Demand ACTION to increase shelter this winter, let homeless people legally shelter themselves somewhere, provide legal overnight park-and-sleep places for those in vehicles, and rein in abusive police officers and vigilante attacks.

When the Council takes NO ACTION…

Organize independently for survival and self-defense.

Don’t roll over for brutality and bigotry!

Bring Sleeping Bags, Blankets, Cameras, and Friends.

BRING BACK SANTA CRUZ

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 423-4833 www.huffsantacruz.org 309 Cedar PMB #14B S.C. 12-6-12

See also “Taste the Tedium & Terror Tuesday” at

http://www.indybay.org/newsitems/2012/12/07/18727411.php?show_comments=1#18727412

Sarasota’s ACLU claims police target homeless; refer to themselves as ‘Bum hunters’

Posted on December 15, 2012 by huffsantacruz

NOTE FROM NORSE: Santa Cruz’s Police Chief Kevin Vogel strode around with four stars on his uniform in full regalia at the “Smart Solutions” Homelessness Summit Saturday, When not dolled up, he presided over six months of intensified crackdown on homeless people’s camps, property, and liberty–in a city that has shelter for less than 5% of its homeless, as well as making 200 people homeless on December 8th last year with a full-scale attack on a homeless campground, for which he offered no substitute.

He has colluded in creating felony prosecutions for homeless activists, reporters, and supporters of the Occupy Santa Cruz movement–some of whom dared with hundreds of others to walk through a vacant Wells Fargo bank building which was being temporarily occupied to create a Community Center last year.

Also at the “Homeless Summit” was D.A. Bob Lee who has pressed charges against the Santa Cruz Eleven for “aiding and abetting” the occupation there–they face 7 years in prison each (charges against 4 have been dismissed and not yet refiled).

The Santa Cruz ACLU, while criticizing (rather weakly) the SC-11 prosecutions, has said not a word about the crackdown on homeless people, the creation of curfew zones around the courthouse, county building, city hall, library, and police station, the attacks on food server and street performers, and the city wide Sleeping Ban.

Even activist Steve Pleich, who founded (and largely constitutes) the Homeless Legal Assistance Project and sits as vice-chair of the ACLU has not chosen to raise these issues, brought to the ACLU Board of Directors repeatedly by myself and others.

Other ACLU’s in California have undertaken lawsuits against these practices. Santa Cruz can’t even get its ACLU to make a simple verbal statement.

Sarasota’s ACLU claims police target homeless; refer to themselves as ‘Bum hunters’

6:07 PM, Nov 27, 2012 |

or click here: facebook.com/10news

Sarasota, Florida- The ACLU claims the City of Sarasota is at war with the homeless. ACLU attorney Michael Barfield claims there is a culture of contempt and abuse of Sarasota’s homeless by the police department.

According to attorneys, arrests of homeless individuals sleeping outside are up to 111 between January and September compared to just four last year.

Barfield says, “We ask appointed and elected city leaders to end the city’s war on the homeless.”

From the front lawn of Sarasota City Hall, ACLU representatives say there is a pattern- a culture of harassment of the homeless within the Sarasota Police Department.

“Internal police text messages reveal a practice of targeting the homeless. Some refer to it as ‘bum hunting,” says Barfield.

The ACLU released electronic messages from August where a police officer allegedly text another officer, “I’m the Bum Hunter tonight.”

In September one officer appears to ask another “Can you check Island Park for transients? Cite them city code if found.”

Transcripts also show an officer joking about dressing up like a “bum” with wig and a bottle of rum.

Captain Paul Sutton with the Sarasota Police Department says he had not heard about these texts until today’s press conference.

“It is unacceptable behavior. I can tell you the Sarasota Police Department does not hunt homeless people, in fact we do the opposite. We provide services to homeless people.”

Police officials say since 2004 they’ve helped more than 2,500 homeless- either as crime victims or with provided services for drug abuse, mental health or housing.

City Manager Tom Barwin says these are isolated comments that are being exploited by the ACLU. Barwin adds the ACLU never notified city officials of the press conference until 10 minutes before it started.

“To set the record straight, for those who don’t know this community raised millions of dollars, 10 million to address homeless needs,” says Barwin.

He listed the Salvation Army where the homeless can get a meal, a place to sleep, a shower and receive substance abuse treatment as an example. He also lists the Resurrection Home that provides laundry and meals.

A few homeless attended the press conference with their own suggestions.

“Why call me a bum unless you try to give me a job,” says James Franklin, Jr.

Cindy Edlund would like to see more services targeting substance abuse. She says, “Let’s work on prevention; there’s been a stalemate.”

Sarasota’s city manager challenges the ACLU to raise half a million dollars to help with the homeless substance abuse problem and come to the table with solutions instead of more litigation.

The ACLU is in the middle of a class action suit against the City for their alleged use of its trespassing ordinance to single out the homeless.

Isabel Mascarenas

HEAR MORE AT http://www.wtsp.com/news/local/article/284302/8/Sarasotas-ACLU-claims-police-target-homeless-

Reflections on “Smart Solutions”

Posted on December 15, 2012 by huffsantacruz

Reflections on “Smart Solutions” link to original post

December 7th, 2012The following was written by a HUFF activist, one of several who went to a Conference organized by Mayor Don Lane and others as described below. This was originally published on the Occupy Santa Cruz website.

After attending Saturday’s big show, “Smart Solutions to Homelessness: A Countywide Community Engagement Summit,” I gathered a smattering of feedback from “Occupy Folks” on how they felt about the event. Consensus seems to be, “It was not very useful.” We (tongue-in-cheek, but seriously) KNOW TOO MUCH.
I understand the need for governmental and non-profit entities to communicate with the public regarding their needs. WE KNOW that volunteers are needed for the befriending, mentoring, and support of people in distress. WE KNOW that material resources are needed to feed, shelter, and house people who are hungry and have nowhere safe to stay. WE KNOW that there is no “one size fits all solution to homelessness.” It is unfortunate that those who design the agendas of large meetings like this one are unable to withstand conflicting viewpoints about public policy priorities.
Here are a few “Smart Solutions” — my public policy priorities:

Decriminalization of “survival behaviors” such as sleeping at night, camping in your car, or using a blanket to keep warm
Legalization of drugs, and, hand-in-hand, helping people to learn ways of coping with the emotional pain that can result in addictive behaviors
Creating safe places to camp
Subsidizing low-cost permanent housing
Providing resources to mutual aid and self-help networks for material and emotional support of all people
Supporting families so there will be fewer children put into foster care
Transforming the economy so that there will be safe, environmentally sustainable, and meaningful work for everyone at a living wage

I despair over the lack of compassion actually expressed at the meeting, which seemed scant, aside from a “before and after” set of pictures of one homeless man who became permanently housed in Los Angeles. The “problem” that the “smart solutions” seem to be set to solve is “inefficient allocation of public resources.” So the work being done “to end homelessness” is framed in terms of money to be saved instead of lives to be saved.

At Saturday’s meeting I summarized a small exchange of perspectives between of five or six persons on the question, “What will the future look like without homelessness?” I said that there would be personal dignity, care for each other in community, and good feelings about everyone. I’m afraid that was the wrong question to ask. My question to you is, “What are you going to do about the reality of homelessness in our community right now?”

2 Responses to “Reflections on “Smart Solutions””

Sylvia on December 7th, 2012 at 1:54 pm #

I’m glad for the opportunity to exchange about this. My reflections:
All the people I engaged with wanted to talk, a lot, not particularly about the issue that brought us all together. So I think the high attendance, because of or in spite of the rain, met a need for community, cooperation, acting together. I think the issue was arguably secondary, which doesn’t make the result any less valuable.
I heard much particularity, and little, maybe no, grand vision five years out. I heard a lot of buzz words and favorite themes, affordable housing, public spaces, safety, services … more of what we know (and what isn’t really working).
The simplification and harmonization suggested by the successful LA business model is compelling. I began to wonder about the strings that come with federal funding (I’d just learned about ALEC) and the consequences of public/private partnerships and how liberty and privatization mesh.
Occupy Sandy has done positive things. Here’s an idea for a local positive project – Occupy the Central Branch Public Library. HUFF had a flier about the Dec 3 library board meeting. Saturday I sat next to a Santa Cruz Public Library staff person – there are a lot of people who use the library as a daytime shelter, warmth, bathrooms, … Some of those people have trouble with rules and regulation and the library has hired a security person to patrol and be available. And is considering more limitations on behavior and appearance. I see an opportunity for Occupy Santa Cruz to organize itself, be visible, be available in shifts, reach out, provide personal support, find out what’s lacking in the available supports.

Reply
Sylvia on December 8th, 2012 at 9:45 am #

TBSC members testified at 12/3 Board of Supervisors public comment, emphasizing the needles they found on the tracks and at the beach, and a couple of bodies, and noting they will be at the 12/17 city safety meeting. The group is focusing on drugs and needles. This could lead to demonizing many, painting all deviance with a broad ‘substance abuse’ brush. There are noisy federal initiatives about stopping abuse of prescription drugs, limiting the availability of pain relief medication … It seems a very harsh world, a world insistent on suffering.

Norse comment:

TBSC stands for Take Back Santa Cruz a group co-founded by newly elected Councilmember Pamela Constock, with a focus on community vigilante and police action against “illegal” behavior, particularly public drug use, “sketchy” characters in public places doing things like camping or panhandling, and random violence.

A Matter of Priority: End Homelessness or Buy Christmas Lights?

Posted on December 15, 2012 by huffsantacruz

12.11.12

by Abby Zimet

The federal government has made strides in reducing the ranks of the chronically homeless and of homeless veterans, but the numbers of homeless overall has stayed steady at close to 700,000, the latest annual report from the Department of Housing and Urban Development shows. The thing is: Officials say homelessness in the U.S. could be “effectively eradicated” at an annual cost of about $20 billion – or, ThinkProgress notes, what the country spends each year on Christmas decorations.

Comments

cripes • a day ago

So, it’s not really a “budget” issue after all. Like the rest of the phony budget issues, it’s really a matter of priorities. And the priorities we’ve been following for years have been foreign wars, drug war, war on the poor, endless subsidies to wealthy corporations and wealthy people, guaranteed profits and no risk for billionaires, micromanaging peoples personal and sexual behaviors, etc.
Providing living wage employment, health care, disaster relief and decent housing just isn’t part of our government’s “job.” I guess we can thank Reagan and the libertarian crowd for that.
- John Buchanan cripes • a day ago
  
  The Homelessness Prevention and Rapid Re-Housing Program (HPRP, funded
  through the American Recovery and Reinvestment Act of 2009) was a $1.5
  billion federal effort to prevent a recession-related increase in
  homelessness. The second link..
  It ran out this fall so we can expect it to get worse… unless psychopaths experience spontaneous remission.
  \
  - Justin Smith John Buchanan • 14 hours ago
    
    In my experience, in Indiana, it ended in June,leaving families that it contracted to help, losing their rent money abruptly and months before they were told that it would end.
    Thank the Republicans!
- Thomas Jefferson cripes • a day ago
  
  I’m a Left Libertarian,
  But I gave you an up vote anyway, since I think you hit the nail on the head.
  “A government big enough to give you everything you want is also big enough to take everything you have.”
  That quote attributed to Jefferson is exactly what’s happened. The EPA, the FDA, and FEMA never do their jobs anymore since K street Lobbists always show up showering those federal administrators with goodies. The NRC is always stuffed with Nuke industry executives. The FDA with big junk food, big Ag, Big FrankenFood and Pharma gold diggers. Your tax money, is used instead for endless war and wasteful corporate pork.
  Better to just shut down everything but Social Security and EPA and National Parks and start over imho. If we don’t close down that corrupt political city in D.C., nothing is ever going to change, imho.
  The main Libertarian planks are supposed to be eliminating Foreign Wars, Bailouts, Drug prohibition, Central Banking oppression, sexual interference, Bill of Rights, etc. Right Libertarians (retread Repukes) are not on board those main planks of the Libertarian Party, as far as I can tell. It’s a big problem in America. Libertarians in other parts of the world are not Republicans in costume. Many Libertarians in the USA seem to confuse liberty for individuals with de-regulation of fictitious entities like Wall Street Corporations.
  Ronald Raygun actually grew the government as did both bushes (The blank checks to DOD for black programs, missiles etc caused a lot of that.) This is not consistent with Libertarian ideology, so I don’t think you can lump the two together.
  The Far left always thinks that government functions as advertized, while the Libertarian instinctively distrusts all government, since the very nature of it is misplaced trust and betrayal.
  TJ
  “Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others?” – Thomas Jefferson, in his 1801 inaugural address
Keith McHenry • 16 hours ago

If you place “750,000 homeless Americans” in Google News You will see that the number of homeless Americans has stayed the same since1992. I have been sharing food with Americas homeless since 1980 and it is not heard to see that the numbers of people living on the streets has increased far beyond the “official” annually repeated numbers into the millions. www.foodnotbombs.net
gardenernorcal • 18 hours ago

I am not certain why we are focussing on how much is spent on Christmas Decorations. We could just spend a quarter of what was spent on beer in 2010 and cure the problem.

A total of $101 billion was spent on beer in 2010.

http://retireby40.org/2012/01/…
Or we could consider the 12.8 trillion spent to bail out Wall St.. I personally get more out of enjoying other peoples Christmas decorations then I did out of saving Wall St..
http://www.pbs.org/wnet/need-t…
Even then you’re not going to solve the homeless problem totally if no one is charged with the care of the mentally unstable. Does that 20 billion include that? Or is this the basic think tank figure that averages how much housing would cost for an estimated number?
- Don Lutz gardenernorcal • 14 hours ago
  
  I would imagine the issue comes up because it’s Xmas time.
  But your point is well taken.
  How much time, energy and land is wasted to grow, transport and kill 100 million Xmas trees every year?
- dkshaw gardenernorcal • 14 hours ago
  
  Anheiser Busch spends $10,000,000,000 (not a misprint, ten billion dollars) a year on ADVERTISING alone.
Grant Schreiber • a day ago

Well hell’s bells. If we wipe out the capital gains dodge, we not only end homelessness, but get FREE Christmas decorations. Let’s do that.
Jag_Levak • 13 hours ago

And out of that 700,000, it would appear one million of them are children:
http://tinyurl.com/7kkvsjy
I guess the good news there is that the number of adult homeless isn’t merely zero, but 300,000 less than zero.

for more comments go to: http://www.commondreams.org/further/2012/12/11-3

The Proposed California Homeless Bill of Rights and Santa Cruz–Preliminary Thoughts

Posted on December 15, 2012 by huffsantacruz

Robert Norse

The California Homeless Bill of Rights, modeled after the Rhode Island bill which passed this summer, is being heralded as a strong step towards ending selective enforcement, anti-homeless laws, and institutionalized Hate Crime. Since Santa Cruz has been a leader in these fields (that is, in laws the pioneer harassing the homeless), will the Bill of Rights impact homeless people on the ground here. The answer is unclear but activists in other cities are hopeful…

cont. at http://www.indybay.org/newsitems/2012/12/14/18728066.php

Posted on December 14, 2012 by huffsantacruz

The Proposed California Homeless Bill of Rights and Santa Cruz–Preliminary Thoughts

by Robert Norse
Friday Dec 14th, 2012 7:59 PM

The California Homeless Bill of Rights, modeled after the Rhode Island bill which passed this summer, is being heralded as a strong step towards ending selective enforcement, anti-homeless laws, and institutionalized Hate Crime. Since Santa Cruz has been a leader in these fields (that is, in laws the pioneer harassing the homeless), will the Bill of Rights impact homeless people on the ground here. The answer is unclear but activists in other cities are hopeful.

flyer_for_city_hall_coronation.pdf
download PDF (95.0 KB)

Some positive activist response to the Bill:

http://www.californiality.com/2012/12/california-homeless-bill-of-rights.html (comments by Sacramento Homeless Organizing Committee activist Paula Lomazzi)

http://www.scribd.com/doc/115086286/California-Homeless-Bill-of-Rights-Press-Release-2012-12-01 (comments by Western Regional Advocacy Project activist Paul Boden)

Boden’s editorial in the S.F. Chronicle: http://www.sfgate.com/opinion/openforum/article/California-needs-rights-for-homeless-4091545.php

The S.F.Chronicle’s description of the bill: http://www.sfgate.com/news/article/Tom-Ammiano-backs-homeless-rights-bill-4091599.php

A right-wing attack on the bill believes the it to be more powerful than I think it is:
http://www.sfgate.com/opinion/editorials/article/Tom-Ammiano-s-homeless-bill-is-bad-idea-4095005.php

The bill passed in Rhode Island back in June. I haven’t gotten any clear sense of how it has changed police or prosecution activity there, but I’m still in the research stage.

The main problem in nullifying the local anti-homeless laws is that they don’t use the word “homeless” but give the illusion of impacting everyone equally as a justifiable “time, place, and manner” restriction on constitutional liberty. In fact, the Sleeping Ban, the Sitting Ban, the Panhandling Ban–are anything but.

I include two flyers I distributed at the last City Council meeting of the year.

§Selections from the Proposed California Bill of Rights

by Robert Norse Friday Dec 14th, 2012 7:59 PM

selections_from…flyer.pdf
download PDF (71.1 KB)

§Text of the Two Flyers

by Robert Norse Friday Dec 14th, 2012 8:01 PM

Selections from the Proposed California Homeless Bill of Rights

This bill would enact the Homeless Person’s Bill of Rights and Fairness Act, which would provide that no person’s rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement,…..

The bill would further prohibit discrimination under the above-described existing law provisions on the basis of “housing status,” would define that term to include homelessness, and would make conforming changes to related provisions, ………………………………

SECTION 1. This act shall be known & may be cited as the “Homeless Person’s Bill of Rights and Fairness Act.” SEC. 2. The Legislature finds and declares all of the following: (a) In the State of California, there has been a long history of discriminatory laws and ordinances that have disproportionately affected people with low incomes and who are without homes, including, but not limited to, all of the following:

(1) Jim Crow laws: After the Civil War, many states, especially in the south, passed laws denying African Americans basic human rights. In California, these laws also targeted Chinese immigrants. In San Francisco, Chinese residents were forced to live in one area of the city. The same segregation laws also prohibited interracial marriage between Chinese and non-Chinese persons.

(2) Ugly laws: In 1867, San Francisco was the first city in the country to pass a law making it illegal for people with “unsightly or disgusting” disabilities to appear in public. In many cities, these laws persisted until the 1970s.

(3) Anti-Okie laws: In 1937, California passed an Anti-Okie law that criminalized “bringing or assisting in bringing” extremely poor people into the state. The United States Supreme Court struck down the law in 1941, when it declared that these laws are in violation of the Commerce Clause, and therefore unconstitutional.

(4) Sundown towns: Town policies and real estate covenants were aimed at preventing minorities and other persons considered to be socially undesirable from remaining within city limits after sunset. Thousands of these towns existed prior to the Civil Rights Act of 1968, which made these ordinances and covenants illegal.

(5) Vagrancy laws: Vagrancy laws have been held to be discriminatory on their face because they criminalize a person’s status rather than a behavior. Nevertheless, these laws existed in California until the Legislature revised them in 1961.
(b) “Quality of life” ordinances, “civil sidewalk” ordinances, and similar initiatives are the modern reincarnations of laws designed to force homeless people to flee local jurisdictions. These local ordinances result in de facto segregation as homeless people are forced out of specific jurisdictions or out of specific neighborhoods within jurisdictions. These discriminatory policies subject municipalities to an increased financial burden of caring for the homeless who have migrated there from their chosen home municipality in relief of the discriminatory legislation. These practices tend to condemn large groups of inhabitants to dwell in segregated districts or under depressed living conditions that result in crowded, unsanitary, substandard, and unhealthful accommodations. Furthermore, these policies result in criminalization of homeless persons who choose not to migrate………
(c) Today, in the state many people are denied the following(1) Housing due to their status of being homeless, living in a shelter, a vehicle, the street, or the public domain. (2) Housing or shelter due to …… (7) Access to safe, clean restrooms & hygienic supplies necessary to maintain health, safety, & dignity.
(d) Homeless persons are unfairly targeted by law enforcement, often resulting in the violation of the homeless persons’ constitutional rights. Lacking the resources necessary to obtain adequate legal representation, homeless persons are often denied relief or damages through the courts……….
(l) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her housing status, income level, or mental or physical disability. Therefore, it is the intent of the Legislature in enacting this act to ameliorate the adverse effects visited upon individuals and our communities when the residents of this state are homeless.
SEC. 3. Section 51 of the Civil Code is amended to read: 51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act….
(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, or housing status, are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever….
(3) “Housing status” means the status of having or not having a fixed or regular residence, including the status of living on the streets, in a vehicle, or in a homeless shelter, or similar temporary residence or elsewhere in the public domain….
(f) “Homeless” means those individuals or families who lack a fixed, regular, and adequate nighttime residence and who have a primary nighttime residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation, substandard apartments, dwellings, doubled up temporarily with friends or families, or staying in transitional housing programs. “Homeless” means any person staying in a residential hotel without tenancy rights, and families with children staying in a residential hotel whether or not they have tenancy rights.
(g) “Housing status” means the status of having or not having a fixed or regular residence, including the status of living on the streets, in a vehicle, or in a homeless shelter, or similar temporary residence or elsewhere in the public domain….
(k) “Public space” means any space that is predominantly within the public domain or that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation, public buildings and parks, and may also refer to those places that receive additional services through business improvement districts or other, similar public-private partnerships.

53.2. No person’s rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. Such a person shall be granted the same rights and privileges as any other resident of this state. Every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from all of the following:
(a) Any type of discriminatory treatment by law enforcement, public or private security personnel, business owners, property managers, or BID agents, including, but not limited to, harassment, intimidation, or selective enforcement…..
(e) Unreasonable searches or seizures of his or her personal property, including property stored in vehicles, tents, grocery carts, bags, or any other carrying or storage device, if the intervention of law enforcement is based upon the actual or perceived housing status, income level, mental illness, or physical disability of the person in possession of the property.

53.3. Every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall have the right to all of the following basic human rights and legal and civil protections:
(a) The right to use and move freely in public spaces, including, but not limited to, plazas, parking lots, public sidewalks, public parks, public transportation, public streets, and public buildings,
in the same manner as any other person, and without discrimination.
(b) The right to rest in public spaces without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents, as long as such rest does not maliciously or substantially obstruct a passageway.
(c) The right to own and possess personal property in public spaces without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security
personnel, or BID agents, as long as that personal property does not maliciously or substantially obstruct a passageway.
(d) The right to share, accept, or give food in public spaces without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents.
(e) The right to the same protections that law enforcement agencies afford to all other citizens, including, but not limited to, the right to reasonable protection from domestic violence, sexual assault, hate crimes, or robberies.
(f) The right to engage in life sustaining activities that must be carried out in public spaces because of homelessness, including, but not limited to, eating, congregating, possessing and storing
personal property, urinating, or collecting and possessing goods for recycling, even if those goods contain alcoholic residue, without being subject to criminal or civil sanctions, harassment, or arrest
by law enforcement, public or private security personnel, or BID agents………
(n) The right to make his or her own decisions regarding whether or not to enter into a public or private shelter or any other accommodation, including social services programs, for any reason he or she sees fit, without facing criminal or civil sanctions, harassment, or arrest from law enforcement, public or private\ security personnel, or BID agents.
(o) The right to occupy vehicles, either to rest or use for the purposes of shelter, for 24 hours a day, seven days a week while legally parked on public property without facing criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or BID agents.

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 831-423-4833 http://www.huffsantacruz.org 309 Cedar PMB #14B S.C. 12-11-12

Proposed Homeless Bill of Rights May Provide New Legal Protections
Meanwhile: Witness & Document City-Wide Attacks on the Homeless

Assemblyman Tom Ammiano’s AB-5, the Homeless Person’s Bill of Rights and Fairness Act, asks police & municipalities to respect the rights of homeless people:

“No person’s rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability….Every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement.”

A hopeful but limiting provision of the bill states:

“Every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from all of the following: …Any type of discriminatory treatment by law enforcement, public or private security personnel, business owners, property managers, or BID agents, including, but not limited to, harassment, intimidation, or selective enforcement…..Unreasonable searches or seizures of his or her personal property, including property stored in vehicles, tents, grocery carts, bags, or any other carrying or storage device, if the intervention of law enforcement is based upon the actual or perceived housing status, income level, mental illness, or physical disability of the person in possession of the property.”

** Support Briana Brewer-facing 6 months in jail /$1000 fine for protesting abuse (“disturbing the peace”) by Denise, the “Hospitality” worker, targeting Briana for a service dog and giving away Xmas wreaths for donation downtown. A judge dismissed previous “dog tickets” by Denise, Sgt. Bush, and his officers apparently angering the Pacific Avenue Pooch Patrols.
** Support Brent Adams—facing hundreds of dollars in fines for observing police (“sitting near a building”) engaged in “sitcrime” harassment downtown. Brent is also a member of the SC-11.
** Report Sleeping Tickets; ask the Homeless (Lack of) Services Center for a written form showing you are on their Waiting List if you’ve signed up, or for a statement that their shelters were full on the date you received a ticket. Check in with activists Monday evening 5-7 PM at the Red Church.
** Share info & food with Food Not Bombs Sat Dec. 15 4 PM at the Main Post Office.
** Check http://www.huffsantacruz.org for updates & debates. Check in with HUFF Wed 10 AM-noon Sub Rosa Cafe at 703 Pacific. Free coffee; lots of chatter.
** Phone in reports to Free Radio Santa Cruz at 831-427-3772 or HUFF at 423-4833.
** Act to Restore Regular Use of Public Spaces Arbitrarily Closed to Repress Protest.
** Post Written & Video Reports on Facebook, http://www.indybay.org/santacruz etc.
** Volunteer to fight the Campaign to Scapegoat and Sweep Away the Poor: 423-4833.
** Fill out specific complaints against abusive SCPD, Host, or First Alarm Goonsquads.
** Contact Steve Pleich’s Homeless Legal Assistance Project at 466-6078 with reports of police abuse or confiscated property. New SCPD property pick-up times: Tue/Thur 12:30-2:30 PM
** Support the Santa Cruz Eleven at http://www.santacruzeleven.org Prospective benefit Sunday January 6th. Time TBA Next court date: January 7th 9 AM

COMING UP: 5:30 PM Monday December 17th: Public Safety Committee Scapegoat-arama on “Illegal Campsites”. Drop in on the Bigotocrats at Work at City Council Chambers 809 Center St. Be ready to face Take Back Santa Cruz & other hostile activists.

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 831-423-4833 http://www.huffsantacruz.org 309 Cedar PMB #14B S.C. 12-11-12

§Another Flyer from Supporters of the Bill

by (posted by) Norse Friday Dec 14th, 2012 8:03 PM

national_civil_rights_fact_sheet_nov._2012-1.pdf
download PDF (646.5 KB)

Download and distribute

§And this…

by WRAP Friday Dec 14th, 2012 8:05 PM

info_sheet.pdf
download PDF (168.2 KB)

Download and distribute…

§Some Background on Discrimination

by WRAP Friday Dec 14th, 2012 8:06 PM

historical_criminalization_fact_sheet_email-1.pdf
download PDF (169.0 KB)

Download and distribute…

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§Only as good as the judges

by John E. Colby

Friday Dec 14th, 2012 9:21 PM

This bill of rights is only as good as the judges who would be obligated to enforce it. Notice how the federal bill of rights has been shredded by Congress and the Judiciary.

I don’t trust Santa Cruz judges to ever uphold people’s civil rights, especially the homeless. However their decisions can be appealed to higher courts which might uphold a homeless bill of rights.