Sacramento Stronghearts Challenge Panhandling Prohibitions; Santa Cruz ACLU Still Silent

NOTES BY NORSE:  The Sacramento ACLU has moved to challenge its anti-homeless panhandling prohibitions.   The legal eagles who put together the Sacramento County panhandling ban included an exemption for charitable groups which clearly discriminates against those begging for their own survival and/or that of their family and friends.  Local Attorney Mark Merin has a history of standing up for homeless people in Sacramento both in court and even personally supporting a homeless encampment on private property (that was ultimately shut down by city bigotry).  [See http://sacramentohomeless.blogspot.com/2009/08/mark-merin-property-leased-for-use-by.html ]

Santa Cruz’s panhandling law has had one successful court challenge: http://la.indymedia.org/news/2006/05/158965_comment.php.  However the law is massively overbroad and discriminates against the homeless [See full law below].  MC 9.10 severely restricts panhandling times and places.   MC 5.43 further restricts “display devices” (such as a donation cup).  MC 4.04.010 and MC 4.04.015 add additional penalties for not paying the outrageous fines of hundreds of dollars for each begging incident and deepen the criminalization of those charged (even if not convicted) of the MC 9.10.  An intensive campaign against “chronic offenders” has combined police, D.A., probation, and psuedo-social service workers in a  massive vendetta against the poor in Santa Cruz in the so-called Downtown Accountability Program.  The City has put in large prominent red change-collecting machines around which it is illegal to sit or panhandle within 14′.  These provide a cold steely “alternative” to panhandling (i.e. give your money to a machine and let bureaucrats decide who will benefit) are are marketed under the chilling label “Real Change Not Spare Change”.

The local ACLU has so far declined to make any public statements about this law, overtly abusive though it is to the rights of poor people (and those who want to donate to their survival).

Homeless activists sue Sacramento County to block panhandling ban

By Brad Branan
bbranan@sacbee.com

Published: Thursday, Jul. 17, 2014 – 12:32 pm

Last Modified: Friday, Jul. 18, 2014 – 7:01 am

The Sacramento Homeless Organizing Committee filed a lawsuit Thursday challenging a new Sacramento County panhandling ordinance as unconstitutional.
Supervisors unanimously passed the ordinance in May, which prohibits aggressive panhandling anywhere in the unincorporated county and bans solicitation specifically at street medians, banks, ATMs and gas stations.

The advocacy group, which publishes a bimonthly newspaper dedicated to homeless issues, is being represented in federal court by the American Civil Liberties Union of Northern California and local attorney Mark Merin. ACLU Legal Director Alan Schlosser said the plaintiffs want a hearing within a week for a temporary injunction to suspend the ordinance, which took effect June 13.

Schlosser said the new law violates the U.S. Constitution by allowing charities to collect money in public places but banning panhandlers from doing so.
Panhandling restrictions have been approved by local governments across the state, including Citrus Heights, Elk Grove and Sacramento. But Sacramento County appears to be unique in creating an exemption for a group of people, Schlosser said.

The exemption and a desire to stop the law from ever being enforced were reasons for the ACLU to challenge the law, he said.

“They were certainly not intending to limit aggressive panhandling,” Schlosser said. “They are trying to push the homeless out of town.”

County spokeswoman Chris Andis said it’s county policy not to comment about pending litigation.

However, Supervisor Roberta MacGlashan defended the ordinance.

“Staff went to great lengths to write a law that recognizes the constitutional right to panhandling, but also restricts its locations where people feel vulnerable,” she said.

Earlier this month, Rancho Cordova tentatively approved a similar restriction on “aggressive panhandling” that prohibits solicitation in places where people are a “captive audience” to pleas for money. The law must be approved a second time next week before becoming law.

A city staff report said the amendment is legal based on recent court decisions and “the regulations are content neutral, meaning the regulations do not treat individuals differently depending on their message.” The regulations must also “serve an important government interest.”

Pamela Poole, executive director of the Sacramento Homeless Organizing Committee, said she and other homeless members of the committee are worried that the county law will prohibit them from collecting donations in conjunction with the distribution of Homeward, which has a circulation of 8,000 to 11,000. Homeless people get copies of the newspaper free or for a nominal fee and then seek a recommended donation of $1 for each paper, which they keep.

Billy Murphy, a plaintiff in the case, said he has largely relied on panhandling for income since becoming homeless in October. He said he has stopped panhandling in Citrus Heights after being cited there in March, and he worries that Sacramento County’s ordinance will have the same effect on him.

Murphy said he generally panhandles on sidewalks and doesn’t solicit people verbally. Instead, he just holds signs, such as “Homeless Will Work Have Bike Will Travel … Please Help.”

“I just want people to know I need help,” he said.

A county spokesman said last week that the county is spending the first two months educating residents about the law and has not yet issued citations. Under the law, violations would be cited as an infraction, with three infractions in six months resulting in a misdemeanor charge.

Representatives of the Watt Avenue Merchants Association, the Fulton Avenue Association and the Florin Road Partnership told the board in May that they support the ban. They said panhandling seems to be on the rise in certain parts of the county.


Read more here: http://www.sacbee.com/2014/07/17/6563815/homeless-activists-sue-sacramento.html#storylink=cpy

 

SANTA CRUZ’S PANHANDLING PROHIBITIONS

MORE NOTES BY NORSE:  The especially egregious and unconstitutional sections of the ordinance are emboldened.  However the massive sweep of the law so restricts the place, time, and manner of the laws as to make illegal peaceful non-threatening non-obstructive forms of sparechanging.   The “forbidden zones”, for instance, created for panhandling both in time and space leave very little opportunity for making donation requests.   Asking a friend for  money is illegal, for instance (and has reportedly been charged in the past if the person looks homeless enough and the cop wants to drive the person away).  People have spent months in jail panhandling.  Particularly misleading is the title of the law “Aggressive Solicitation”.  Only 3 of the 28 provisions of the law [MC 9.10.040 b, c and d] can be reasonably considered restrictions on “aggressive” panhandling.  The rest seek to wash poor people from the sight of tourists and residents.

Chapter 9.10   AGGRESSIVE SOLICITATION

Sections:

9.10.010    Definitions.

9.10.020    Time of solicitation.

9.10.030    Place of solicitation.

9.10.040    Manner of solicitation.

9.10.050    False or misleading solicitation.

9.10.060    Misdemeanor.

9.10.010 DEFINITIONS.

For the purposes of this chapter:

(a)    “Solicitation” means any verbal request, or any non-verbal request made with a sign, by a person seeking an immediate donation of money, food, cigarettes or items of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for purposes of this chapter. A person is not soliciting for purposes of this chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in appreciation for his or her original artwork or for entertainment or a street performance he or she provides. This chapter does not apply to peddling and soliciting activity governed by Chapter 5.40.

(b)    “Person” means any individual person, group of persons or organizations.

(Ord. 2009-05 § 3, 2009: Ord. 2002-51 § 1, 2002: Ord. 2002-39 § 1, 2002: Ord. 2002-32 § 1, 2002: Ord. 94-10 § 1 (part), 1994).

9.10.020 TIME OF SOLICITATION.

Any person who solicits after sunset or before sunrise is guilty of an infraction.

(Ord. 94-10 § 1 (part), 1994).

9.10.030 PLACE OF SOLICITATION.

Any person who solicits in any of the following places, or any person who solicits when the person solicited is in any of the following places, is guilty of an infraction:

(a)    At any bus stop;

(b)    In any public transportation vehicle or facility;

(c)    In any vehicle on the street;

(d)    On private property, unless the solicitor has permission from the owner or tenant;

(e)    Within fourteen feet of any building other than those buildings referenced in subsection (f). Where any portion of a building is recessed from the public sidewalk, the fourteen feet shall be measured from the point at which the building abuts the sidewalk;

(f)    Within fifty feet of any bank building or other financial institution buildings, including their outdoor automatic teller machines;

(g)    In the parking lot of any bank, savings and loan, or other financial institution;

(h)    Within fifty feet of any ATM machine or cash disbursal machine, or any other outdoor machine or device which disburses or accepts coins or paper currency except parking meters and newspaper vending machines;

(i)    Within fourteen feet of any fence that abuts a public sidewalk;

(j)    Within fourteen feet of any drinking fountain, public telephone, public bench, public trash compactor, information or directory/map sign, sculpture or artwork displayed on public property, or vending cart;

(k)    Within fourteen feet of any street corner or intersection;

(l)    Within fourteen feet of any open air dining area or cafe extension; or

(m)    Within fourteen feet of any kiosk.

(Ord. 2009-05 § 4, 2009: Ord. 2002-39 § 2, 2002: Ord. 2002-32 § 2, 2002: Ord. 94-10 § 1 (part), 1994).

9.10.040 MANNER OF SOLICITATION.

Any person who solicits in any of the following manners is guilty of an infraction:

(a)    By coming within three feet of the person solicited, until that person has indicated that he or she wishes to make a donation;

(b)    By blocking the path of the person solicited, or other pedestrians, along a sidewalk or street;

(c)    By following a person who walks away from the solicitor;

(d)    By using abusive language as part of the solicitation or following a refusal that is directed at the specific individual or individuals being solicited;

(e)    By soliciting in a group of two or more persons;

(f)    While under the influence of alcohol or any illegal narcotic or controlled substance; or

(g)    By soliciting while in the immediate possession of a dog, by leash or otherwise.

(Ord. 2011-08 § 9, 2011: Ord. 2006-06 § 1, 2006: Ord. 94-10 § 1 (part), 1994).

9.10.050 FALSE OR MISLEADING SOLICITATION.

(a)    Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of an infraction. False or misleading representations include, but are not limited to, the following:

(1)    Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

(2)    Stating that the donation is needed to meet a need which does not exist;

(3)    Stating that the solicitor is from out of town and stranded, when that is not true;

(4)    Stating that the solicitor is homeless, when he or she is not;

(5)    Stating that the solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf.

(b)    Any person who knowingly solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of an infraction.

(Ord. 94-10 § 1 (part), 1994).

9.10.060 MISDEMEANOR.

Any person who violates one or more of the sections of this chapter twice within a six-month period is guilty of a misdemeanor.

(Ord. 94-10 § 1 (part), 1994).

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Albuquerque “Trollbusters” Wrack Up Gruesome Toll; What’s Happening in Santa Cruz?

NOTES BY NORSE:  A tip of the hat to Colin Campbell Clyde for passing on this story.  Yesterday at the Food Not Bombs meal, a man claimed he and a female friend had been accosted by five youths (all white and male) as they came back from the Boardwalk and headed for San Lorenzo Park.  The men had baseball bets and threatened the two with beatings if one of them didn’t give up his bike.  He claims he refused and was able to leave without further injury.   This guy is not always credible.

However another woman reported on my Sunday Free Radio show that several nights before she saw several policeman using what she considered excessive force on a man who appeared homeless to her at Ocean and Water St. near a bus stop there.    She was driving in her car, she reported, and heard the victim screaming help.  She stopped the car, got out and watched, and was concerned that a third police officer a woman–had her knee on the back of the prone man behind held down.

I am concerned to hear (and particularly to see, if anyone has video or other documentation) accounts of threats, assaults, and similar intimidations that are happening.  Please call me at 831-423-4833, e-mail me at rnorse3@hotmail.com, or post an account at www.indybay.org/santacruz .

Photo

Alex Rios, 18, is one of three suspects being held on $5 million bond in the killing of two homeless people. He was arraigned by video from jail. Credit Roberto E. Rosales/Albuquerque Journal, via Associated Press

ALBUQUERQUE — Jerome Eskeets’s last sight before he fell asleep on a soiled mattress late on Friday, on an empty lot speckled by shards of liquor bottles and discarded syringes, was the stars that glistened up above — “a beautiful thing,” he recalled this week, drunk, already, at 9:30 a.m. A cousin lay next to him that night, their bodies warmed by the cheap vodka they had shared. It had been “a good night,” Mr. Eskeets said, until he felt a dull pain on the bridge of his nose, a punch by one of the masked assailants that surrounded them.

 

“Cowards,” Mr. Eskeets exclaimed on Tuesday as he stood by the scene of the crime.

 

The assailants kicked and beat them, Mr. Eskeets said, using their hands and whatever else they could find — a metal pipe, wooden sticks, cinder blocks. Mr. Eskeets eventually broke free and ran away. His cousin, whose name he said was Al Gorman, and another homeless man he knew only as Cowboy, ended up dead. The police said they had both been disfigured beyond recognition by the thrashing, which included having their heads smashed repeatedly with the cinder blocks.

Photo

Two men were beaten to death in a litter-strewn lot in Albuquerque, attacks the police said were staggering in their brutality. Credit Mark Holm for The New York Times

Someone directed the officers to a stucco house on the other end of the lot, where a 15-year-old boy came to the door wearing shorts splattered in blood. Later, the boy told detectives that he, his 16-year-old half brother and their friend Alex Rios, 18, had taken turns assaulting the men. According to a criminal complaint, the teenagers had been “randomly attacking homeless people for over a year” and, by the 15-year-old’s estimates, they had beat up more than 50 since moving to the stucco house some months ago, as if it were a distraction, or a sport. As far as anyone could tell, though, this was the first time the beatings had resulted in deaths.

 

The killings exposed some of the profound social ills — alcoholism, abject poverty, neglect — that have long plagued New Mexico, a place best known for its stunning landscape. Since 1997, the state has led the nation in the number of alcohol-related deaths, according to the Centers for Disease Control and Prevention. There is a large homeless population and, in a strange twist, a man named Victor Prieto, who identified himself as the father of the two boys, told KOB-TV in Albuquerque that he and the boys had been homeless at one point. (No one came to the door on Tuesday or Wednesday at the apartment where the family lives.)

 

Still, for all the dangers of living on the streets, the police said that such a vicious attack by teenagers was staggering and callous in its brutality — the only motive the teenagers supplied for the attack was that one of the boys was angry because he had just broken up with a girlfriend. According to the complaint, the 16-year-old threw dirt on the victims’ faces and said, “Eat mud.” When speaking to the police, the teenagers could not agree on how long the episode lasted: One said it went on for an hour, another said 20 minutes. After it was over, they went home and fell asleep, according to the complaint. The 16-year-old told the police that “he looked at himself in the mirror and saw the devil.”

Officer Simon Drobik of the Albuquerque Police Department said detectives had been combing through reports of assaults on homeless people to see if any may be linked to the three suspects accused of the weekend’s killings. He said that the younger boys had “minor stains” on their juvenile records, mostly for truancy and marijuana possession, and that Mr. Rios “had never been in too much trouble.”

 

“They just seemed to be lost kids,” Officer Drobik said.

 

The two juveniles had both dropped out of school — the 16-year-old after finishing eighth grade, and the 15-year-old after a middle-school suspension in February 2013, a spokesman for the city’s public school system said. Mr. Rios, for his part, was not enrolled in the school system, and it is unclear if he had been going to any school at all.

 

The half brothers lived with their father in one of the apartments at the stucco house, in a slice of Albuquerque’s west side known for its limited choices: Some struggle to get by, keeping their heads low and their mouths shut to avoid trouble, and some are lost to dysfunction and addiction. Chayo Perez, pastor at the Door Christian Fellowship, a Pentecostal church across the street from the lot, described his congregation as “a herd of exes — ex-drunks, ex-addicts, ex-cons.”

 

In court on Monday, the two juveniles confronted the accusations they face: Certified as serious youthful offenders, they could be tried as adults if a grand jury indicts them on first-degree murder charges, which carry a mandatory life sentence. Judge Linda Rogers of Bernalillo County Metropolitan Court set bond for them and Mr. Rios, who was arraigned by video from jail, at $5 million.
Photo

Jerome Eskeets was able to break free and run from the attack that killed his cousin and a man he knew only as Cowboy. Credit Mark Holm for The New York Times

In an interview, Mayor Richard J. Berry described the killings as “the saddest, most tragic thing I’ve seen” and said they “bring to light the plight of the homeless and just how dangerous it is out there on the streets.” The crime also highlights the confounding challenges facing the city, he said, like the lack of a centralized system listing the number of beds available in emergency shelters on any given night.

 

A survey by Heading Home, a nonprofit organization that has housed 328 chronically homeless people in Albuquerque since 2011, found that three in five of the 1,300 respondents had been assaulted at some point while living on the streets. Most, however, never notified the police, said the group’s director of development, Megan McCormick.

 

“There’s a fear of retaliation, a sense that the police sometimes can re-victimize them,” Ms. McCormick said.

 

Albuquerque has been struggling to overhaul its police department, castigated this year by the Justice Department for its excessive use of force. Particularly divisive was the police’s fatal shooting this year of James Boyd, a mentally ill homeless man. On Tuesday, officers fatally shot a man wanted on parole violations during a foot chase, making him the 27th person killed by the police since January 2010. One of those shootings, on Aug. 30, 2011, happened on the same lot where the homeless men were beaten to death over the weekend.

 

Mr. Eskeets — who said he was Navajo, like the men killed over the weekend — said that the teenagers had set upon him once before, last week or maybe the prior week, but that he had threatened them with an empty beer bottle and they had fled.

 

“I never told no one because no one cares,” he said flatly.

 

Since the attack, Mr. Eskeets has struggled to make sense of what happened. “Those boys knew me,” he said, his eyes filling with tears. “They called me Skeets.”

 

Officer Drobik said there was no evidence that the teenagers had targeted the homeless men because they were American Indian.

 

Pastor Perez said he held Christian music concerts and cookouts in the church’s parking lot on Saturday mornings, attracting addicts, prostitutes and homeless people, and also neighborhood youths. He recalled seeing the teenagers there sometimes.

 

Jesus Garza, one of the volunteers at the Church of Christ, not far from the lot, said he used to see them often, roaming the streets. “They didn’t carry themselves as if they were thugs or gangsters,” Mr. Garza said. “I always thought of them as average kids.”
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Current List of Santa Cruz Police Officers

For Santa Cruzans and visitors who wish to identify police officers, here’s the most current list.  These cops are the individuals most directly involved with surveilling, harassing, citing, and arresting homeless people who’s only crime is sleeping or being present in a public place (such as a “closed” area).

Updated List of Santa Cruz Police Department Personnel
by SCPD (posted by Norse) ( rnorse3 [at] hotmail.com )
Monday Jul 21st, 2014 12:18 PM

I received this updated list of SCPD personnel–buffed up considerably from the earlier posting (referenced below). For those involved in copwatching or using the police in any capacity, this is a list of badge numbers matched up with employees.

 

Badge ID List for SCPD

Since police are not held accountable by City Council, the City Manager, or the Police Chief, nor the “Police Auditor”, I encourage the community use its video and audio capabilities to record and post incidents to both encourage citizen pushback against police abuse as well as press authorities to respond to incidents such as the Officer Vasquez takedown of Richard Hardy (http://www.indybay.org/newsitems/2013/04/23/18735710.php ), and the “gun in your back” behavior of Officer Hernandez [http://www.indybay.org/newsitems/2013/11/29/18746999.php ].

A previous listing of police numbers from a year ago is at http://www.indybay.org/newsitems/2013/11/01/18745758.php .

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“Liberal” L.A. and Scrooge-heavy Santa Cruz?

Notes by Norse:  One story does not make a saga and the LAPD are not known for a kindler gentler treatment of homeless people there.  Whether the L.A. Times is doing damage control for the LAPD after its recent court losses is unclear to me.  But they’re certainly ahead of Santa Cruz with its fencing off of under-the-bridges sanctuaries, stay-away orders from parks, & ongoing attacks on homeless survival sleepers.

In L.A., we have seen recent court victories by the ACLU, attorney Carol Sobel, and homeless activists throwing out the City’s anti-homeless “no living in a vehicle” law.  In Santa Cruz, vehicle-dwelling Kate Wenzell (“the scarf lady) was mercilessly pursued by Officer “Bumbasher” Barnett and other SCPD sleepsnatchers–with charges finally being dismissed many months later after a campaign of intimidation.

The Desertrain decision is currently going to an en banc panel for review at the behest of a reactionary judge.  It does not directly overturn Santa Cruz’s “sleep after 11 in your vehicle, get a $157 citation; do it three times, face a year in jail and $1000 fine” law–MC 6.36.010a.

Unhoused Santa Cruz’s under assault by the SCPD and Parks and Recreation continue to report ongoing ticketing, “move on to nowhere” harassment, and property seizure.  A local ACLU proposal for a moratorium on all camping and sleeping citations at night hasn’t even gotten to City Council here due to more stalling from ACLU’s anti-homeless chair Peter Geldblum and the timidity of the Pleich majority on the Board.  

City and county bureaucrats running the “Downtown Accountability Project” DAP (or Downtowners Against the Poor, as I call it) have yet to respond to Public Records Act requests.  These seek specific information on the particular “offenses” being targeted under the “100 Chronic Offenders” program.  This program is backed up by heightened security guard intimidation, “friendly fascism” from the ever-smiling “Hosts”, and back-up by packs of armed police officers who cluster quickly to deal with a yelling rebel,  but reportedly  decline to take complaints from homeless people.   

The DAP program with a phony compassionate funding and zero money for long-term housing is being used to clear downtown Santa Cruz of homeless-looking people caught in the tripwire of anti-homeless laws and enforcement practices while easing the conscience of those wondering what happened to the old Santa Cruz.

Can L.A. be more “progressive” than Santa Cruz?  Or have attorneys there with guts grabbed the city’s bigots by the balls knowing their “hearts and minds” will shortly follow?

Homeless activists and victims have begun appearing at City Council’s 5 PM “Oral Communications” period with video cameras, cell phones, and strong testimony.  At the last such protest, armed SCPD mediamasher John Bush confiscated four tape recorders and stopped an audible recording of the meeting under orders apparently from Mayor Lynn “Run em Out” Robinson.

Another such protest is slated for Tuesday July 22nd at 4:30 PM (809 Center St.).  Bring your friends.

L.A. leaders are crafting new plan to help homeless on skid row

Skid row homelessness

In their latest census, Los Angeles police counted more than 1,700 people living in tents and cardboard boxes in the 50-block skid row area. Above, people sit and walk on South San Pedro Street. (Jabin Botsford / Los Angeles Times)

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