Category Archives: HOT ISSUES

Last Council of the Year Takes a Bow Over the Bodies of the Poor in Santa Cruz

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Last Council of the Year Takes a Bow Over the Bodies of the Poor

 

City Council meets today ignoring the national and local crisis around police class and race profiling. Ignoring foreign militarism, national police scandals, and local police profiling, they will be patting themselves on the back as they vote on a final escalation of the War Against the Poor. Here’s a reiteration of some items that are coming up.

UNTOUCHABLE CITY ATTORNEY AND CITY MANAGER
At 1 PM in Council chambers, City Council will be following a unusual procedure in holding the open interval of its closed session in this larger room. It will then retire to the smaller City Council Conference room behind the chambers where it usually meets behind closed doors in “Closed Session”.

What’s peculiar here is the process being followed. Two of the most powerful and well-paid officials in the City–the City Attorney and the City Manager are up for “performance evaluation”. The on-line agenda suggests that it will be behind closed doors with the public excluded.

BERNAL CONTROLS VOGEL
City Manager Martin Bernal controls the hiring and firing of the Police Chief Kevin Vogel.

The SCPD refuses to open its records of use and display of force, tasering, pain compliance holds, choke holds, gun drawings, baton use, and so forth (See “SCPD: No Disclosure of When People were PepperSprayed, Choked, Tasered, Gun-Bullied or Shot” at http://www.indybay.org/newsitems/2014/12/04/18765028.php).

Unaddressed claims of racial profiling also hang over the department (See “Race and Class Bias in the SCPD: What’s the Real Story?” at http://www.indybay.org/uploads/2014/12/03/grand_jury_protest_updated.pdf).

City Council is legally required to open its closed sessions–however briefly–for public comment. Of course, Mayor Robinnson (and in-coming Mayor Don Lane) haven’t cared much for that in such matters as allowing unimpeded recording of City Council meetings (See “Video of the False Arrest at Santa Cruz City Council for Audio Recording ” at http://www.indybay.org/newsitems/2014/05/03/18755258.php)

“RESCUE TANKS” IN SANTA CRUZ?

Consent Agenda Item #13 is titled “2015 Homeland Security Grant Funding – Budget Adjustment (PD/FD)” This is likely to come up shortly after 2:30 PM.

See “Santa Cruz Police to Procure $250K ‘Rescue Vehicle'” at http://www.indybay.org/newsitems/2014/12/08/18765238.php

Could be another Steve Clark special (he’s our reactionary Deputy Police Chief) rushing to amp up the department’s aggressive image? With anger against police abuse rising all around the country, it’s a good time

I’ve asked Councilmember Posner to pull this item from the agenda for discussion rather than a rote vote. The public has been banned from pulling items and requiring they be more fully discussed and individually voted on. Other City Councils, our Board of Supervisors, and past City Councils have had this rather elementary public process, but it was removed at the behest of former Mayor and incoming Supervisor Ryan Connerty some years back. Neither Posner nor Lane have moved to restore this process.

Cafe HUFF will be serving brownies and brew (that is, coffee) as well as Jumbogumbo Joe Schultz’s soup, hopefully as early as 2;30 PM

STAY-AWAY STUPIDITY

The time for this item is uncertain but probably between 3:30 and 4:30. Come early to be sure.

This is the latest anti-homeless eruption from the Public Safety Task Force/Public Safety Committee. It’s aother step demonization of the poor outside and follows on a long train of anti-homeless laws and policies.

The law that vastly increases the discretionary power of rangers and cops to arbitrarily ban people from large areas of the city (not just parks) for any infraction, no matter how minor with no court injunction, conviction, or charge.

To paper over this homegrown Constitution-shredding, the City Attorney came back with an “administrative review” process that would have the stay-away order dissolved if a city employee appointed by the city manager finds the infraction “unjustified” “by a preponderance of the evidence”.

The new wording of the ordinance is at http://scsire.cityofsantacruz.com/sirepub/cache/2/e5y2okfjeqxksdpkhmfsya0i/396073312092014110820380.PDF . Or go to http://scsire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=574&doctype=AGENDA and click on item #18.

All correspondence received by City Council has urged the law be voted down. But it is likely to pass 5-2 or 6-1.

The one-day stay away law, passed last year, and equally un-Constitutional and abusive passed unanimously. Councilmembers Posner and Lane have yet to apologize for this travesty which has been used 1000 times by Homeless Deportation squads in uniform, according to their own figures.

Steve Pleich has said he will appeal the proposed expansion of the law but probably not the current law.

ORAL COMMUNICATIONS AT 5 PM (OR SO)

Want to raise issues that others are raising on the streets (and that are planned for a Saturday day-long rally at the Town clock)? Come and speak out demanding fundamental changes in the SCPD. (See http://www.indybay.org/newsitems/2014/12/04/18765028.php for my thoughts on the issue). HUFF will review the record of the Council and the SCPD.

QUAFF CAKE AND BEVERAGES AFTER THE CORONATION

At 7 PM outgoing Council blowhards will make speeches celebrating their wonderful terms in office and the in-coming Council elected people will do the same. Around 8 PM or soon thereafter, the whole jolly crew will cross the street to the Civic Auditorium where the public is invited to mingle and munch with them on various pastries and pies. It’s a tradition.

Fortify yourself for the Wednesday storm. Bring some homeless friends. Confront the privileged in public. While chowing down at the same time.

HUFF (Homeless United for Friendship & Freedom) meets Wednesday morning at the Sub rosa Cafe 11 AM to plan for protests and express solidarity with those in other cities.

FOR FLYERS AND FURTHER COMMENTS, GO TO: http://www.indybay.org/newsitems/2014/12/09/18765278.php . Continue reading →

Protest Rising in Santa Cruz?

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Escalating Protest Against Institutionalized Police Bullying on the Horizon?
by Robert Norse
Saturday Dec 6th, 2014 12:33 AM

I see rising national outrage against police, prosecutors, and politicians for the entrched system of callous class and vicious racial warfare. Will this find local expression in demands for profound change here in Santa Cruz? HUFF (Homeless United for Friendship & Freedom) will be serving Shout-Out Soup at Tuesday’s afternoon City Council meeting opposing the “Stamp-Out-the-Homeless” Stay-Away Orders. I’m also suggesting some ideas for a overturning the current SCPD system that covers up class and racial abuse, targets and scapegoats the homeless, packs the jails with Drug War criminals, and makes the community less safe. HUFF will be supporting a Saturday of protest on December 13th, demanding justice for us all.

 

 

Protests continued in many cities across the nation for the third day and night (see even Fox news at http://www.foxnews.com/us/2014/12/06/eric-garner-protests-continue-for-third-night/ ). The demand for an end to police violence and privilege is something to make the ghost of Emma Goldman dance up a joyful storm. While symbolic, peacemeal, and focused on a few individual cases, awareness is growing that individuals and communities abused by the police are not alone. Not only the talk of the nation, I hope this swelling tide becomes the talk of the town and the county–a series of tsunamis with enough force to engulf the castles of power and privilege. Could it happen here?To that end, I present two flyers which I’ll be distributing tomorrow at the Xmas parade (10-noon), the UN Human Rights celebration (noon to 3), and the “Compassion is not a crime; Food is a right” demonstration at the main post office starting at 4 PM. HUFF will also be gathering tickets and providing claim forms to be filed against the city for police and ranger abuses against poor and homeless people involving property theft, the Sleeping Ban, Stay-Away-from-Parks edicts, and the Downtown Ordinances at the Food Not Bombs table at 4 PM We’ll also be at City Council Tuesday afternoon at 3 PM along with soup, coffee, and brownies.

§Protest at City Hall Tuesday 12-9

by Robert Norse Saturday Dec 6th, 2014 12:33 AM

 

§Reiterated Background

by Robert Norse Saturday Dec 6th, 2014 12:33 AM

 

 

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SCPD Hides Records on Beatings, Chokings, Taserings, and Gun Draws

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In August of this year, the SCPD forwarded me its Policy 300, covering Use of Force. They also refused to respond to the substantive part of my request detailing when and where they drew their guns, shot their guns, used their tasers, initiated choke holds, used their clubs or pepper-sprayed. City Council’s “Public Safety” Committee has been spending its time wagging its tail behind the “Homeless Are Criminals” Public Safety Task Force and, as far as I know ignored this important issues that have now assumed national prominence. I include my initial Public Records Act request and the responses that followed.

QUESTIONS THAT DEMAND ANSWERSDoes the SCPD report on the number of injuries suffered by and inflicted by its officers to federal authorities? Is such available to the public? I’m putting in a Public Records Act today.

Are racial stats available in regular reports that may clarify whether other police officers are disproportionately citing African-American (“black”) people in issuing citations. (See “Race and Class Bias in the SCPD: What’s the Real Story” at http://www.indybay.org/uploads/2014/12/03/grand_jury_protest_updated.pdf )

When and where are the specific uses of force used, as described in the original Public Records Act above. Who used them? What injuries were created? Were the individuals so impacted ever charged with or convicted of crimes?

NOW IS THE TIME…. for public pressure and protest to demand answers to these questions, so Santa Cruz can separate itself from the National Shame of class and racial police abuse. With the national media focused on these issues, we are at our strongest point in raising issues long ignored here.

STRAIGHT FROM THE DARK POLICY MANUAL OF THE SCPD ITSELF:

SCPD PAIN-COMPLIANCE TECHNIQUES…”Officers may only apply those pain compliance techniques…when the officer reasonably believes that the use of such a technique appears necessary to further a legitimate law enforcement purpose.”

CHOKE HOLDS: “The carotid restraint may only be used when the officer reasonably believes that such a hold appears necessary to prevent serious injury or death to an officer or other person(s).”

DEADLY FORCE: “An officer may use deadly force to protect himself/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury…[or] to stop a fleeing suspect when the officer has probably cause to believe that the suspect has committed or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent or future potential risk of serous bodily injury or death to any other person if the suspect is not immediately apprehended.”

LEG RESTRAINTS, CONTROL DEVICES, AND TASERS: Go to http://www.indybay.org/uploads/2012/05/19/scpd_policy_manual_8-4-11.pdf (at least for the 2011 Policy Maual) and check out sections 306, 308, & 309.

THE LONG SNAKY TRAIL AND THE STRUGGLE YET AHEAD
In August of this year in response to a Public Records Act request, the SCPD forwarded me its Policy 300, covering Use of Force. However refused to respond to the substantive part of my request detailing when and where they drew their guns, shot their guns, used their tasers, initiated choke holds, used their clubs or pepper-sprayed. City Council’s “Public Safety” Committee has been spending its time wagging its tail behind the “Homeless Are Criminals” Public Safety Task Force. Yet these issues are of particular local importance for those of us who want to restore real peace and justice in our community. Hopefully this record may be helpful in those carrying on the investigation and the struggle.

I reprint the correspondence in Comment section below as well as my latest follow-up Public Records Act Request .

2011 SCPD POLICY MANUAL IN ALL ITS GLORY
For the 2011 SCPD Policy Manual go to http://www.indybay.org/uploads/2012/05/19/scpd_policy_manual_8-4-11.pdf.

Hopefully Jacqui will be providing the updated manual (if it has been updated) soon.

If anyone else has been having fruitful correspondence (or unfruitful correspondence for that matter) with the SCPD–please post your results.

FURTHER DOCUMENTATION AT https://www.indybay.org/newsitems/2014/12/04/18765028.php#18765029

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Upcoming Events in Santa Cruz as Anger Rises Against Police Abuse

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A series of homeless related events and meetings is happening in the next few days. These include Thursday 12-4: 6:45 AM demolition of the important “Jungle” homeless camp in San Jose; 4 PM: Association of Faith Communities meets at the Red Church (Lincoln and Cedar) to discuss winter shelter & other issues; 5:30 PM: County Recommendation Input at Vet’s Hall for Homeless Planning in City and County; 6:30 PM San Jose “Jungle” report on the City’s destruction of the camps from Robert Aguirre at freakradio.org (101.3 FM); Friday 12-5: 5:30 PM Cooper & Pacific “Dump the Drones” Demo; 5-9 PM Farewell to Free Skool at Sub Rosa Cafe Saturday 12-6: 10 AM Downtown Xmas Parade; noon-3 UN Day at Abbot Square w/Media Benjamin…and more…

Thursday 12-4:
6:45 AM Demolition of the important “Jungle” homeless camp in San Jose;
4 PM: Association of Faith Communities meets at the Red Church (Lincoln and Cedar) to discuss winter shelter & other issues; 5:30 PM: County Recommendation Input at Vet’s Hall for Homeless Planning in City and County;
6:30 PM San Jose “Jungle” report on the City’s destruction of the camps from Robert Aguirre at freakradio.org (101.3 FM);

Friday 12-5: 5:30 PM Cooper & Pacific “Dump the Drones” Demo;
5-9 PM Farewell to Free Skool at Sub Rosa Cafe

Saturday 12-6: 10 AM Downtown Xmas Parade;
noon-3 UN Day at Abbot Square w/Media Benjamin;
4 PM Restore Rights to Food Servers Across the Country Sidewalk Near Main Post Office (see “Compassion is NOT a Crime – Food is a Right ” at http://www.indybay.org/newsitems/2014/12/02/18764954.php);

Not to mention…Protests at They Happen Against Racial Profiling and Police Abuse in Santa Cruz and Nationwide, especially after the NYC Grand Jury thumbs-up for the murderous police gang that choked to deathAfrican-American Eric Garner for “resisting arrest” in a stop for “illegally selling cigarettes”. See http://nypost.com/2014/12/03/cop-cleared-in-eric-garner-chokehold-death/

 

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No City Council Meeting 11-11; Protests Moved Ahead to 11-18

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https://www.indybay.org/newsitems/2014/11/07/18763917.php

November 11th City Council Events Cancelled–Rescheduled to November 18th
by Robert Norse ( rnorse3 [at] hotmail.com )
Friday Nov 7th, 2014 5:21 PM

The Tuesday November 11th events mentioned at http://www.indybay.org/newsitems/2014/11/07/18763899.php [Four Homeless Civil Rights Events (rescheduled)] have been pushed to Tuesday November 18th. November 11th is Veteran’s Day and there will be no City Council meeting that day.

Sorry for the confusion. The KSCO Saturday 11-8 radio show and the Meet-the-Attorney Monday 11-10 get together are still a go.

 

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Four Homeless Civil Rights Events

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Four Homeless Civil Rights Events (rescheduled)
by Robert Norse
Friday Nov 7th, 2014 11:00 AM

 A disabled activist will seek a long-refused written disability dispensation so that she can show her crafts on
Pacific Ave. without being driven away by Santa Cruz’s noxious ‘Move ‘Em Along” law on Friday November 7- 2 PM at the City Attorney’s Office 333 Church.

NOTE: (The trip to the City Attorney’s office has been rescheduled and moved to City Council 5 PM Tuesday 11-11)

4 PM 11-8 Saturday KSCO (AM 1080) Restoration of Human Rights for the Homeless advocates versus StabSantaCruz anti-homeless blogger Helbard Alkhassadeh. 5 PM 11-10 on the sidewalk near Calvalry Episcopal at Church and Cedar. out-of-town attorney Paul Cook will advise homeless people losing property and rights how to reclaim them or their cash equivalent in Small Claims Court. 3 PM Cafe HUFF and Joe Schultz will provide food for the 11-11 Tuesday City Council meeting fighting colored dot “performer pens” on Pacific Avenue and “Stay-Away” laws. 5 PM on the same day disabled activist Pat Colby will seek a long-refused written disability dispensation at City Council so that she can show her crafts on Pacific Ave. without being driven away by Santa Cruz’s noxious ‘Move ‘Em Along” law.

Santa Cruz is experiencing a crackdown on homeless people, travelers, street artists, and just those seeking to use public spaces without police harassment.

Paranoia around the Drug War is being used to futile a thinly-concealed “Scare ‘Em Out of Town” agenda against homeless people–long a target of city laws, police, and rangers.

Restoration of rights and restitution for damages is likely to come only when tenants, students, minorities, the elderly, working folks, and homeless join in a broad coalition to refocus on the white collar crimes of the 1% and the complicity of the 30%.

Steve Pleich, attorney Judy Bari, and MHCAN activist Sarah Leonard are working on filing a class action lawsuit that may stop the regular conflscation and/or destruction of homeless survival gear and personal items.

In a grim and little-noticed follow-up to NIMBY attacks on homeless recyclers, first one and then the only remaining recycling center in city limits has reportedly closed down without public hearing or notice. I am told the nearest one is now in Capitola.

We are seeing food programs driven or pressured indoors to avoid the community seeing visible poverty, prison-like conditions developing at the Homeless Services Center, harsh library regulations to step up the pressure on homeless people there, churches cutting back their programs, and massive over-policing downtown, in the parks, and at the Beach.

Against this ugly darkening picture, activists are working to document the financial and human cost of new Jim Crow laws against the poor, to speak out against them, and to mobilize legal resources to fight back.

4 PM SATURDAY 11-8 ON KSCO Folks can listen in to KSCO at AM 1080 or do so on line. The call-in number is 479-1080. We will be seeking support for strategies legal and streetside to restore basic civil rights to homeless people suffering from the massive increase in ticketing and harassment.

5 PM MONDAY 11-10 on the sidewalk outside THE RED CHURCH (Calvary Episcopal Cedar and Lincoln) Attorney Paul Cook has successfully beat back attempts to shut him down in Baldwin Park in southern California (http://alchemistcook.blogspot.com/, interview at http://radiolibre.org/brb/brb130919.mp3 –29 minutes into the audio file). He will advise people how to file claims against the city and small claims court papers to recover stolen property and rights and expose official abuses.

3 PM TUESDAY 11-11 outside CITY COUNCIL CHAMBERS Protest demanding an end to Stay-Away Orders, Performance Pens, Forbidden Zones, and other repressive restrictions on public space in Santa Cruz–particularly those impacting the poor and homeless. Cafe HUFF will serve coffee and brownies. Jumbogumbo Joe Schultz will provide savory hot vegan soup.

5 PM TUESDAY 11-11 at CITY COUNCIL (809 Center St.) Disabled activists will confront City Council and the City Attorney to demand written authorization so they can vend, perform, sit, and sparechange downtown without suffering hundreds of dollars in fines under tghe “Move every hour for 100” and begone for 24 hours” law [MC 5.43.020(2)].

Bring friends.

TO COMMENT:  https://www.indybay.org/newsitems/2014/11/07/18763899.php

 

“No Ferguson in Santa Cruz!” Protest Resumes 2 PM Wednesday at Center and Laurel

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Title: October 22nd “Say No to Police Abuse” Day Protest Against Racial and Homeless Profiling
START DATE: Wednesday October 22
TIME: 2:00 PM – 3:30 PM
Location Details:
Cop Corner at Laurel and Center Streets across from Louden Nelson Center.
Event Type: Protest
Contact Name Robert Norse
Email Address rnorse3 [at] hotmail.com
Phone Number 8314234833
Address 5749 Hiway 9 #A
October 22nd is a Day of National Concern and Protest against police violence. (Seehttp://www.october22.org/ )

In Santa Cruz, a collusive City Council prepares to hand greater enforcement and banishment powers over to individual officers and rangers with it steroid-enhanced expansion of Stay Away Orders (See “Nasty Anti-Homeless Stay-Away Laws to Get Exponentially Worse” athttp://www.october22.org/)

Recently there have been reports of an SCPD assault on Oliver Howard on October 11th (“Witnesses Report Excessive Use of Force by SCPD during Arrest near Court House” athttp://www.indybay.org/newsitems/2014/10/20/18763064.php

The review of the citation records of Community Service Officer B. Barnett has revealed a disturbing pattern apparently targeting homeless persons and disproportionately citing African-Americans.
(See attached citation record of Officer Barnett)

Nearly 3/4 of Barnett’s citations in his ignoble career downtown have involved citing homeless people for essentially victimless crimes (sitting, smoking, skateboarding). Nearly 10% of his citations were for African-Americans in a county that is 1.4% black by a recent census.

Other recent incidents of alleged racial profiling written up on this website include

“Santa Cruz Police and First Alarm Brutalize and Arrest People for Being Black and Homeless” athttp://www.indybay.org/newsitems/2014/08/21/18760436.php

“Selective Enforcement of Smoking Ban, Obstruction of Video Reporting–Report to the Chief!” athttp://www.indybay.org/newsitems/2014/08/02/18759451.php .

A prior protest is shown and described here: “Protesters Demand Faster Response from SCPD Regarding Record’s Requests” at
http://www.indybay.org/newsitems/2014/09/23/18761997.php

The ongoing attack on homeless people is intensifying as winter gets closer as church programs are cut back, city council rubberstamps harsher laws, and the SCPD continues in its role in an ongoing Class War.

The SCPD continues to seek more money for surveillance software (license plate readers), declines to provide records of its contacts with other agencies re: military-style equipment and other forms of prepared repression against political protesters such as those in the Occupy Movement.

We will continue to be organizing volunteers to defend the rights of homeless people (Homeless Encampment Defense) as well as co-ordinate Copwatch efforts city-wide.

Come on down for “Don’t Beat ’em, Eat ‘Em'” brownies and Mid-Day Coffee. Hoist a sign to defend the rights of all of us in public spaces sick of a militarized downtown.

Added to the calendar on Tuesday Oct 21st, 2014 6:25 PM


iCal Import this event into your personal calendar. 

§Homeless Cites

by Robert Norse Tuesday Oct 21st, 2014 6:25 PM

Responding to the New ‘Doo-Doo’ Not Due Process in the Homeless ‘”Stay Away” Law 2

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This comment is part of a longer article on the City Council’s new anti-homeless law massively expanding “stay-away” orders for homeless people from all areas of Santa Cruz controlled by the Parks & Recreation Department.   The rest of the article can be found at https://www.indybay.org/newsitems/2014/10/12/18762778.php .
HUFF ACTIVISTS WILL BE VISITING THE CITY COUNCIL OFFICES TO VIEW THE LAST YEAR’S STAY AWAY ORDERS 11 AM TODAY OCTOBER 16TH.    WE INVITE ANYONE INTERESTED IN THE COMMUNITY TO JOIN US.  THE ADDRESS OF THE OFFICES IS AT 809 CENTER ST.   BRING STRONG STOMACHS.
by Robert Norse

Thursday Oct 16th, 2014 2:08 AM

Some HUFFsters and I will be going in to City Hall later today to count all stay-away orders since July of 2013 whenthe law went into effect after being passed for a final reading at the first City Council meeting of June 2013. Those citations are available for anyone to view after finally being released in response to a Public Records Act request I made in August. Dannettee Shoemaker was not immediately forthcoming.

Last month, I requested all the Parks and Recreation Department [P & R] citations for MC 6.36 (the camping ordinance) during the 2013-2014 period and was simply given bundles of all citations for all offenses to look through. Apparently this department does not index its citations or at least did not provide them to us on request.

Interestingly enough, the SCPD initially insisted it too had no such index. After repeated prodding and showing up in person to view the tickets, the department eventually provided us with a listing of all citations in the downtown area.. It took repeated requests to get the addresses of the people cited (so as to calculate the attention given to homeless folks). You can view an example of the SCPD’s matrix–for Officer Barnett’s citations–below. This something the P & R won’t or can’t provide requiring us to examine the citations individually. I’ve also requested Micah Posner request staff to make this information available, but similar requests in the past have fallen on deaf ears.

It seems pretty important in creating an ordinance this severe and unprecedented to get some sense of what the cost, the extent, the target, and the effectiveness of stay-away orders has been over the last year. Stay-away orders are traditionally issued by a court after a conviction and only from a very particular place. Given P & R’s broad authority over much city property, these orders could be issued routinely and repeatedly with increasing severity for the most minor offenses.

Considering that most homeless people smoke (70+% compared with less than 20% of the general population), it’s no wonder that the “crime rate” is rising. Creates more demand for more cops and more enforcement. Since more is illegal. Not to mention sleepcrime citations.

Note that race is not included in the SCPD records–except on the citations themselves (and presumably in the inaccessible police reports), so we will still be returning to the SCPD to examine more closely the racial component of the citations, which apparently the SCPD doesn’t think enough of to add to its matrix (strange, since I’d imagine such stats may be required by the FBI or other federal agencies).

For the matrix of Officer Barnett’s citations downtown–to get any idea of how heavily weighted they are against homeless people, go to http://www.indybay.org/uploads/2014/09/18/barnett_cites.pdf . The longer story is at http://www.indybay.org/newsitems/2014/09/17/18761766.php,http://www.indybay.org/newsitems/2014/09/15/18761683.php , and http://www.indybay.org/newsitems/2014/09/23/18761997.php . The racial stats were roughly counted as being given out to seven times as many people as were recorded as black in the last United Way census. We hope to more closely analyze them.

COUNCIL SLOUCHES ONWARD
The vastly expanded City Council law will be going into effect on November 28th or thereabouts if it passes again as it’s likely to on October 28th with a 5-2 vote.

Some pointed out at last Tuesday’s meeting (myself included) that their proposed law law mandates the stay-away’s prior to any court charge, hearing, trial, or conviction. What was not noted is that any stay-away is an additional action which is completely discretionary. This discretionary loophole allows rangers and cops to pick and choose who they’ll issue the orders to with no guideline as to when to do it. It is police state authorization in its purest form–leaving the matter entirely up to the officer. And, of course, completely beyond court review–even if the officer’s victim is never tried, had charges dismissed, or is found not guilty.

But the discretionary provision explicitly authorizes and hence encourages selective enforcement depending on the preference of the citing officer. Easy enough to decide that an homeless person sleeping gets a “stay-away” order while a more well-dressed smoker gets off without one (though a high fine for both).

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Driving the Destitute Out of Public Spaces–the War in Santa Cruz Heats Up

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Title: Nasty Anti-Homeless Stay-Away Laws to Get Exponentially Worse
START DATE: Tuesday October 14
TIME: 3:00 PM – 3:30 PM
Location Details:
809 Center ST. City Council Chambers Santa Cruz
At the afternoon City Council meeting. The item is the third of three other Public Hearings scheduled, so it may come up significantly later than 3, and perhaps (though it’s unlikely) earlier.
Event Type: Meeting
Contact Name Robert Norse
Email Address RNORSE3 [at] HOTMAiL.COM
Phone Number 831-423-4833
Address 309 Cedar #14B
CRACKING DOWN ON THE POOR 
Agenda Item #21 is a staff-generated proposal to vastly increase the amount of time those given low-level infraction tickets in city parks can be forced to stay away from the park. 

The ordinance expanded to monstrous proportions is MC 13.08.100 described as “ORDER TO VACATE ANY PROPERTY MAINTAINED BY THE PARKS AND RECREATION DEPARTMENT”. 

STAY-AWAY ORDERS WILDLY EXPANDED 
The proposed penalty for violating such an order is a misdemeanor conviction (up to a year in jail or $1000 fine). 

Specifically, according to the staff report: 

“The proposed amendment provides for incremental increases in time that a person receiving a citation in a City park, beach or any other property maintained by the Parks and Recreation Department must stay away from the property where the arrest was made or citation issued. 
(a) First offense (existing ordinance): Twenty-four hours from the time of the citing/arresting officer’s order. 
(b) Second offense within one week of the first offense: One week from the date of the citing/arresting officer’s order in response to the second offense. 
(c) Third offense within thirty days of the second offense: Thirty days from the date of the citing/arresting officer’s order in response to the third offense. 
(d) Fourth offense within six months of the third offense: Six months from the date of the citing/arresting officer’s order in response to the fourth offense. 
(e) Fifth offense within one year of the fourth offense: One year from the date of the citing/arresting officer’s order in response to the fifth offense.” 

HOMELESS REMOVAL–NO DUE PROCESS REQUIRED! 
Note that one doesn’t have to be convicted of any offense, even charged in court with any offense, simply cited for an offense for this law to go into effect. 

Since the original 13.08.100 was passed in 2013, many have been given one-day stay-away’s along with their smoking, camping, or “park closed” citations. This law is designed to punish and exclude homeless people without the need to go to court and actually prove a crime. 

FUN FOR THOSE STALKING THE HOMELESS–NOT JUST IN THE PARKS! 
Also note that the sway of this new law goes far beyond the city parks, since it also applies to “any other property maintained by the Parks and Recreation Department.” 

This apparently includes, according to MC 13.04.0111, 
“without limitation all city parks and greenbelts, all city park trails and roads, all city park facilities and buildings, including Lighthouse Field State Beach, DeLaveaga Golf Course, Main Beach, Cowell’s Beach, Steamer Lane, Harvey West Pool, the Beach Flats Community Center, the Louden Nelson Community Center, the Teen Center, the Civic Auditorium, City Hall Courtyard, Mission Plaza, the Town Clock, the Natural History Museum, the Surfing Museum, Santa Cruz Municipal Wharf, Pacific Avenue, West Cliff Drive (Pelton Street to Swanton Boulevard), the San Lorenzo River Levee and bike path, the San Lorenzo Benchlands, the inner banks of the San Lorenzo River within the City limits, the Branciforte and Cabonera Creeks within the city limits, Jessie Street Marsh, plus any other facilities or areas assigned to the parks and recreation department by the city manager.” 

CRIME WAVE! 
The specifically stated crimes of “chronic violators” includes “smoking, possession of alcoholic beverages, camping, 
public urination and entering a closed area”. Folks apparently commit these dangerous behaviors and return 24-hours later (which is the limit of stay-away orders under the current law). 

The purpose–the report continues-is to give the police more tools. 
There is no indication of any increase in real “crime” in the parks, simply a determination to drive travelers and local homeless people away. 

The statistics provided claim 
21 subjects violated the order returning to the park within 24 hour and were subsequently arrested. 
77 subjects returned to the parks or beaches after to 24 hours were up however, were given a second order to vacate for continuous unlawful behaviors. 
26 subjects received three orders to vacate. 
12 subjects received 4 orders to vacate. 
1 individual received 13 orders to vacate. 

MISSING FROM THE REPORT 
However they give no indication of what these people were cited for, whether they were actually charged in court, nor whether the individuals charged were actually convicted of those “crimes”. 

Bathrooms in the parks close at dusk or earlier. There are, of course, no sleeping areas in the City for the vast majority of those outside where it is legal to be. And only one 24-hour portapotty in the downtown area (the Posner Pooper). 

WHY BOTHER TO TALK TO THE VICTIMS OR INFORM THE PUBLIC? 
It is not clear that any homeless or social service agencies have been consulted. I’ve not heard that any out reach has been done to the homeless community. This is the 21st century equivalent of Sunset Laws where blacks were told to be “gone by sundown” from many towns in the country. 

There has been no mention of this proposed Council deportation of homeless people in the kept media (Sentinel, Good Times, City on a Hill. 

READ THE REPORT, THEN ROAR BACK 
Staff reports and ordinance can be found at Council’s agenda athttp://scsire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=569&doctype=AGENDA under agenda item #21. 

City Council members need to be e-mailed at citycouncil [at] cityofsantacruz.com . Individual council members can be reached by taking the first initial and last name of the Council member and adding @cityofsantacruz.com to it (e.g. mposner [at] cityofsantacruz.com. 

Dannettee Shoemaker and Martin Bernal are two of the highest paid officials in the City earning over $200,000 a year (not counting their benefits). They have signed their name to this police state measure–need to be horsewhipped and put in the stocks for this latest attack. 

TOWN-WIDE IMPACT 
The consequence of the massively increased policing downtown, expanded stay-away orders, anti-median ordinance, and authority-encouraged bigotry against those outside has been pressure on the churches who do provide services. 

The Circles Church has closed down its warming center and some of its meal services. The Red Church no longer allows people on its lawns prior to the meal. 

COST OF THE MANUFACTURED CRISIS? UNKNOWN. 
There is no indication of the cost in manpower and tax expense for the increased “drive ’em out” policies of the Robinson-Mathews City Council during the last two years. 

Nor any estimation of how much the increased penaltes will cost–especially if contested in court. Already the city is facing a potential class-action lawsuit from activists gathering data about the amount of homeless property destroyed by police and rangers. 

The repeated citations are obviously taking police and ranger attention away from other areas and aren’t free. Apart from the immorality and futility of the whole thing, there’s no indication of the expense involved. 

REAL CRIMINALS ARE THOSE IN POWER 
Dannettee Shoemaker head of Parks and Recreation and Martin Bernal, City Manager, are two of the highest paid officials in the City earning over $200,000 a year (not counting their benefits). They have signed their names to this police state measure. 

The class war on the poor is advancing relentlessly under color of law.