Santa Cruz Falls (Far) Behind Southern California as Anaheim Ends the Nighttime Sleeping Ban for Homeless Folks

NOTES BY NORSE:  Tip of the HUFF hat to silver-tongued Steve Pleich for alerting me to this story.   I have often been uneasy with Steve because of his chummy relationships with political panjandrums of the right and left, content to talk liberal on non-homeless issues in Santa Cruz.   City Council and City Staff shitslingers have been creating homeless policies–attacking RV dwellers, refusing to fund emergency food/laundry/bathroom services of even the most minimal sort, back abusive police behavior against Freedom Sleeper protesters, and creating the dangerous mythology that homeless people are a public safety threat .  Pleich alerted me and other Freedom Sleepers today to this heartening news from conservative Southern California as we played upcoming Freedom Sleep Out #15 at City Hall for Tuesday 10-20.
     The Santa Cruz City Council’s refusal to suspend nighttime ticketing clearly shows the depth and strength of liberal hypocrisy, some would say, neo-fascist policies, when you compare our reactionary police policies with the new (professed) policies of Anaheim and Santa Ana.
     I continue to await word from “liberal” Councilmember Micah Posner, who I’ve asked to demand of City Attorney Condotti how he justifies citations, stay-away orders, harassment, and arrest of homeless people for sleeping or being in parks at night.  This policy not only hurts homeless people (which city officials and staff clearly care nothing about), but  in light of recent Department of Justice statements it constitutes cruel and unusual punishment which is legally actionable.
     Perhaps more to the point for the timid “social service agencies” like the Homeless (Lack of ) Services Center is the threatened cut off of funding by HUD for cities that continue to criminalize the homeless.  Most local churches–who occupy property tax-free but provide only the most minimal assistance to homeless folks they claim to care about so deeply–might also start paying some attention to basic human need and the rampant middle-class hypocrisy that rules there.
      Contact Santa Cruz City Council by e-mail (citycouncil@cityofsantacruz.com) and phone (831-420-5020 to demand immediate decriminalization action for the 1000-2000 homeless threatened nightly with $150+ citations and an El Nino winter.    Join the Freedom Sleepers on the sidewalks near City Hall each Tuesday (http://freedomsleepers.org/ ).

 

Anaheim temporarily stops enforcing anti-camping laws against homeless

Erika Aguilar

October 15, 03:30 PM
Anaheim Community Policing Team Officer Jesse Romero examines a homeless encampment on vacant property in Anaheim Thursday. Anaheim Police Department CPT division on patrol in Anaheim Thursday January 29th, 2014. The CPT division engages communities to reduce crime and build relationships with citizens to improve the community.Anaheim Police Department CPT division on patrol in Anaheim Thursday January 29th, 2014. The CPT division engages communities to reduce crime and build relationships with citizens to improve the community. Stuart Palley for KPCC

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For the time being, homeless people in Anaheim won’t have to worry about being roused from their sleep or having their stuff confiscated, as the Anaheim Police Department joins a few other Orange County cities that have decided to temporarily stop enforcing anti-camping laws.

Anaheim Police Chief Raul Quezada ordered officers to stop enforcement in an Oct. 6 memo:  “In response to community concerns, recent case law developments and to ensure we are providing our officers with updated training in this area, the Police Department, in consultation with the City Attorney’s Office is reexamining the application and enforcement of Chapter 11.10 of the Anaheim Municipal Code (AMB): Camping and Storage of Personal Property in Public Areas,” states a memo issued October 6.

The ordinance, adopted November 2013, makes it illegal and a public nuisance for someone to camp using tarps, cots, sleeping bags, bed and other “camping paraphernalia” in public places such as parks. It also prohibits people from keeping personal belongings “unattended” in public.

Several cities in Orange County have anti-camping ordinances on the books but several – including Santa Ana and Huntington Beach – have also temporarily stopped enforcement.

“Right now, we don’t enforce our unlawful camping ordinance,” said officer Brian Smith with the Huntington Beach Police Department. Smith served as the interim homeless outreach officer until the department recently hired a full-time liaison.

Officers also don’t enforce the city’s ordinance against people sleeping in cars, Smith said.

A bill introduced this summer in the California legislation would have protected homeless people who live in their cars from being fined or having their cars impounded by police but it died on the Senate floor.

Los Angeles city officials are reconsidering a ban on living in cars after the city lost a court challenge last year.

A Santa Ana police spokesman said officers do not enforce the city’s ordinance against camping however Santa Ana municipal code allows for “short-time, casual sleeping” in the Civic Center as long as it doesn’t appear that the person is using the area as “living accommodations.”

The temporary suspension of enforcement in Anaheim came after the activists wrote for the online news website Voice Of OC about harsh police tactics against the homeless and arrests.

“Thanks to the work of many dedicated individuals who video tape police and speak out for the homeless, Anaheim’s Police Chief, Raul Quesada, has decided to halt all seizures of property that the homeless have with them until further review of our videos (https://www.youtube.com/watch?v=HbEYkQsCwMI) and testimonies.”

The Anaheim Police Department would not specify how long the suspension last.

Temporary suspension of anti-camping and storage laws mostly come after cities have been threatened by lawsuits or face immense pressure.

The ACLU sued Laguna Beach over enforcing its anti-camping ordinance, saying the homeless don’t have a choice.

“Enforcing this ordinance against them, merely for sleeping in public, violates their civil rights,” said Heather Maria Johnson, staff attorney for the ACLU of Southern California, Orange County branch.

The federal government is also weighing in. In September, the U.S. Housing and Urban Development announced that municipalities applying for homeless funding would be asked to explain how they are working to reduce criminalize the homeless.

“That will push local governments in the right direction,” Johnson said.

Although there are a few year-round homeless shelters in Orange County, most are small and have restrictions on who can stay there. The ACLU is suing the city of Laguna Beach alleging it doesn’t provide enough shelter and housing for its disabled and mentally ill homeless residents who cannot stay at the shelter.

Orange County wants to build a 200-bed emergency homeless shelter in Anaheim that would serve the whole county year-round. Currently, the county has two seasonal or winter-only shelters that operate at nights at the Fullerton and Santa Ana Armories.

Johnson said emergency shelters are needed in Orange County but in combination with permanent supportive housing for the homeless and wrap-around services.

Following recent publication of troubling videos questioning how Anaheim PD enforces the city’s anti-camping – many say anti-homeless – ordinance, Police Chief Raul Quesada has taken a bold move.

“In response to community concerns, recent case law developments and to ensure we are providing our officers with updated training in this area, the Police Department, in consultation with the City Attorney’s Office is reexamining the application and enforcement of Chapter 11.10 of the Anaheim Municipal Code (AMC): Camping and Storage of Personal Property in Public Areas,” wrote Quesada last week, issuing a department memo.

“Effective immediately, enforcement of this Chapter and any subsection(s) within it is suspended until further notice,” Quesada wrote, stressing that the move shouldn’t be seen as any indication that current policy was improper.

To read Quesada’s memo, click here

Quesada’s memo also gives city officials a chance to rethink the arrest last week of R. Joshua Collins, a homeless activist who has in recent months written critical columns in the Voice of OC protesting how Anaheim PD enforces the city’s anti-camping ordinance.

Collins’ columns often feature videos of officers enforcing the ordinance in ways that have raised questions among community leaders, like Dr. Jose Moreno, about whether the approach is not only overly harsh but possibly even illegal.

Whether you like Collins’ approach or not, watching his videos prompts Moreno to ask himself whether Anaheim is really making homelessness an illegal act. He and others who have addressed the issue with Quezada indicate he’s seen the videos as well and is troubled by what he’s watching.

We should all ask ourselves whether it’s really good policy to ask local police to become homeless outreach specialists. Homelessness is as much a police responsibility as are potholes and putting officers on the front lines of this societal problem is courting disaster.

The Kelly Thomas police beating death in Fullerton was supposed to have reinforced that lesson.

Many Anaheim residents living near Maxwell and Twila Reed parks in recent years have legitimately petitioned city council members publicly about homeless camping at the parks, complaining about a host of illegal behavior at parks meant for recreation and kids.

These residents have a right to enjoy their local parks without having to navigate around homeless people.

Yet Anaheim city council members have reacted to this challenge with the same, tired old recipe: adopt an ordinance and task police officers with stepping up enforcement.

Anaheim’s Mayor Tom Tait acknowledges city officials need a more creative, holistic approach and credited Quezada for offering all sides a chance to reassess.
“There needs to be a change in dialogue,” Tait said during an interview this weekend. He acknowledges that police officers are not equipped to deal with the full range of issues connected to homelessness.

“What we’re asking them to do is very nuanced, go in there and fix everything,” Tait said. “It calls for a lot of skills that they aren’t necessarily trained for… you have to have empathy for the officers. We shouldn’t be asking them to fix everything.”

Tait’s comments remind me of my high school days as a machinist apprentice at my Catholic high school, Don Bosco Technical Institute in Rosemead.

Whenever you pulled out a hammer in the shop – to tap in a screw that just wouldn’t cooperate – you’d have a priest pounce on you immediately asking all kinds of questions.

“A hammer is a wonderful tool,” they’d insist. “But it only has one use. To bang something into place that will never be taken out.”
The priests would insist that I avoid the hammer whenever I got impatient and use my mind.

Most often, by unscrewing a bolt, you’d indeed notice a sliver of dirt on the threads, wipe it off with a shop rag and it would go in nicely with simple hand power.

Police officers are the most expensive policy tool, and one geared toward compliance not necessarily understanding.

Yet there does seem to be movement on this issue in Orange County.

Recently, County Supervisor Andrew Do acknowledged that county officials need to come up with a better approach than just allowing the civic center in downtown Santa Ana to become a homeless encampment.

County officials have increased outreach from the Health Care Agency and the Social Services Agency at the civic center in recent months and are moving to appoint a county executive to concentrate on homelessness, even considering an abandoned bus shelter at the civic center as a potential triage center to identify street people in need.

Tait applauds that kind of work but reminds county officials that they can also do a lot more by partnering with city officials who don’t have tons of state and federal funds, or agencies capable of dealing with poverty or mental issues like the county.

That’s the kind of partnering that can really get help to all the residents of Anaheim, who are hoping to get their parks back to just being parks.

Tait calls it “Coming Home Anaheim,” a process where nonprofits, the county, cities, churches all step up to deal with these people as people.

“It’s not just a police issue,” Tait said. “It’s a city issue, it’s a county issue and beyond government, it’s a community issue we all have to work on. We’re all in this together.”

Collins has already shown a way forward by putting a face on the problem. His videos – where he verbally challenges police officers on the legality of their actions — clearly show the impossible situation we are asking them to confront.

In addition to video, Collins approached the Los Amigos community group weekly breakfast meetings in Anaheim earlier this year and challenged them to defend the homeless. The group, which often helps with community petitions and is led by Moreno, interceded on Collins’ behalf earlier this month asking Quesada to hear his concerns.

Collins – who himself lives among the homeless on Anaheim’s streets — continuously monitors and videotapes police responses at Anaheim parks where homeless residents congregate.

He believes that officers overstep their bounds on what the law allows and illegally take the belongings of homeless residents at local parks.

Collins has repeatedly filmed officers and questions them on camera about why they are confiscating certain people’s belongings and what they’ve done with other belongings. Collins contends that many homeless residents who lose their stuff say they can’t get it back easily.

Quesada sat politely without saying a word throughout a tense exchange a few weeks ago at Los Amigos between Collins and several department officers that deal with homeless issues at the local parks Collins has covered.

A group of very diplomatic and likeable officers talked about their attempts to deal with homelessness and their considerable interactions with nonprofits working with the issue. Collins and others filming police were virtually jumping out of their skin, thrown by the difference in tone from police at the community meeting versus what activists see at local parks.

While Quezada never said anything at the public meeting, he’s apparently also been thrown by what he’s seen on video.

To his credit, he’s stopping to check and see if there’s a better way besides the hammer.

We should all heed his call and collectively step up to craft a different kind of visual when it comes to homelessness in Orange County.


FOR LINKS AND COMMENTS, GO TO http://voiceofoc.org/2015/10/santana-is-it-criminal-to-be-homeless-in-anaheim/

 

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