Santa Cruz Camping Ticket Dismissal Info: Spread It Around

The City’s camping ordinance MC 6.36 was amended in 2010 after successful protests by PeaceCamp 2010 to require dismissal of all MC 6.36 citations if one was on one of two Waiting Lists–the Paul Lee Loft or the River St. Shelter [or if the Winter Armory is full] Though both agencies refused to give those signed up evidence to show to the police that they were on these lists, the City Attorney’s office did dismiss some if not all citations for those who were on the Waiting Lists. The River St. Shelter is the only “emergency shelter” currently operating in the City of Santa Cruz. Paul Lee Loft still closed except to those taken into the program with a “path to housing” as part of what appears to be an intentional decision to “disinvite” homeless people not in programs likely to get state or federal programming. This has resulted in a cut-off of laundry, shelter, socializing, bathroom, and meal services to the majority of homeless people in Santa Cruz. The one “service” remaining is dismissal of camping citations.

AVOID CAMPING TICKETS:  CALL 459-6644 (24-Hour Number)

THIS IS THE RIVER ST. SHELTER’S NUMBER–ASK TO BE PUT ON THEIR WAITING LIST

LEAVE YOUR NAME (SAY IT AND SPELL IT) OVER THE PHONE

IF YOU HAVE A PHONE NUMBER, ASK THEM TO CALL YOU BACK TO CONFIRM YOU ARE ON THE LIST

THIS SHOULD NULLIFY FUTURE MC 6.36 TICKETS ONLY NOT OTHER TICKETS OR EARLIER TICKETS

YOU MUST CALL BACK EVERY THREE DAYS TO KEEP YOURSELF ON THE WAITING LIST

YOU DO NOT HAVE TO USE THEIR SHELTER; JUST GET ON THEIR LIST

COPS MAY TICKET YOU ANYWAY—BUT THOSE TICKETS MUST BE DISMISSED IF YOU’RE ON THE LIST

IF TICKETED WHILE NOT ON THE WAITING LIST, CALL 423-HUFF FOR ADVICE

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 423-4833 www.huffsantacruz.org 309 Cedar PMB #14B 10-3-15
FOR A COPY OF THIS FLIER AS A PDF, GO TO https://www.indybay.org/newsitems/2015/10/04/18778412.php .

On the plus side, River St. Shelter now allows folks to sign up for their Waiting List by telephone on a 24-hour answering machine (though the machine says their “office hours” are 2 PM to 8 AM, so it may be best to call during those times). You give to the machine your name and ask to be placed on the Waiting List. You can also ask for a call-back for confirmation.

Freedom Sleepers tested the process on Friday and found they got a callback when they called to get an unhoused person on the list. It’s not clear when they actually pick up the phones there. I say it’s “24-hours” because we actually called them outside their peculiar 2 PM to 8 AM hours (around noon) and got a call-back confirmation for the person we put on the list.

I was also told that at an earlier point that you must call back every three days to keep your name on the list.

On the negative side, it’s hard to physically access the River St. Shelter with the new prison-like gate, guards, and ID cards. The management there advised us by phone last week that they still won’t write letters documenting that their shelter is full on any particular night, even if it is. This does not serve the many–which includes those who just got into town, who doesn’t want to take up space which more disabled or vulnerable folks might need, or who simply believe in providing their own shelter (whether that be the stars, a tent, or a vehicle). In the past such a letter (usually from the Homeless (Lack of) Services Center’s Paul Lee Loft was sufficient “evidence” for Commissioner Kim Baskett of Dept. 10 to dismiss MC 6.36 citations.

If you find yourself one of the hundreds who get camping tickets every month in town, contact HUFF (Homeless United for Friendship & Freedom) for info on how to subpoena the records of the River St. Shelter into court to document that there was no legal shelter and so invoke what’s called “the necessity defense”. Our phone number is 831-423-4833. It’s not a cell phone so leave a message and/or come to our weekly meeting at 11 AM Wednesdays at the Sub Rosa Cafe, or check us out at Freedom Sleeper Tuesday nights at City Hall where we challenge the Sleeping Ban.

It’s best to get on the Waiting List even if you have no intention of using the River St. Shelter, feel you are likely to be ineligible for any reason (pets, partner, too much stuff, etc.),or whatever. Because simply being on the list means that MC 6.36.055 requires the City Attorney to dismiss your citation (if it’s a MC 6.36 citation).

For your own use, I include a flier to download and use or pass on to those who might find it useful.

The River St. Shelter number is 831-459-6644. Continue reading

Sleep-Out #5 to Greet Council on Tuesday August 11th

Title: Freedom Sleepers Outside and Inside City Council
START DATE: Tuesday August 11
TIME: 3:00 PM – 3:00 AM
Location Details:
The event will run from 3 PM on Tuesday to 8 AM on Wednesday. Santa Cruz City Hall Courtyard festivities begin around 3 PM, outside the first City Council meeting of the fall (well, late summer). It’s across from the Main Library and the Civic Auditorium. in the Council courtyard area
Event Type: Protest
BACK FROM VACATION AND STILL EMPTY-HANDED
The City Council is back after its six weeks of sunny summer vacation. During the Budget hearings, the Council did nothing about the “Homeless Services Center” [HLOSC] Shelter Shutdown and cut-off of all Emergency Servces (meals, laundry, showers, bathrooms).

Nothing is on their Tuesday agenda to lift the Sleeping Ban, modify that law or any of the other anti-homeless laws. Nor is there any provision for opening up walk-in campgrounds or legal places for overnight survival sleeping in cars.

1500-2000 homeless people in Santa Cruz for the general population face $157 citations and harassment for sleeping in parks–but have no legal place to go.

U.S DEPARTMENT OF JUSTICE TAKES THE LEAD
This week, the U.S. Dept. of Justice for the first time filed a supporting Statement of Interest in a long-fought Boise, Idaho case. [See http://www.examiner.com/article/u-s-department-of-justice-supports-homeless-rights-lawsuit ]

There homeless advocates sued cops and their bosses to end police harassment of sleepers and secure restitution for past injuries and amnesty for past false convictions. The federal government’s intervention is a historic action and one we will urge them to do in Santa Cruz as well in future lawsuits.

SOAP-BOX AND SIP SOUP
Homeless folks are invited to speak out on the green outside City Council and inside at 5 PM during Oral Communications.
The Council only allows 3 minutes, but we intend to restore free speech outside. Bring your soapbox.

Advocates also plan a Press Conference (probably after the City Council’s Oral Communications period at 5 PM). There we’ll update folks on the current situation and announce future plans for actions to educate and activate the community.

There’ll be coffee and soup in the mid-afternoon, a mid-evening snack later, and morning coffee at 7 AM after the sleep-in.

Activists will be gathering information on sleep deprivation cites, medical turnaways, and other discriminatory behavior throughout the afternoon and evening.

NO MORE WALK-IN SERVICES AT CORAL ST.– NO DISMISSAL OF TICKETS FOR “BEING ON THE WAITING LIST”
Up to now, city law (MC 6.36.055) has required dismissal of all camping tickets for those on the Waiting Lists of the Paul Lee loft and the River St. Shelter. HLOSC Director Jannan Thomas met with Freedom Sleepers today and announced there is no longer a Paul Lee Loft Waiting List.

Further the HLOSC will not be providing walk-in services at all to any homeless folks, except those referred by other agencies. Prior word from the River St. Shelter indicates they only take people with a social worker, a referral, or out of the hospital.

With no waiting list for the Paul Lee Loft and a highly restricted list for the River St. Shelter, sleepers will no longer have the protection of those lists and will have a harder task confronting these cruel “drive the homeless out of town” tickets.

This essentially means the end of all Emergency Services in Santa Cruz–other than those with religious requirements or the limited help provided by Food Not Bombs and other samaritans.

LAST SUNDAY
Last Sunday’s Sleep-Out resulted in no citations for the 20-30 people at City Hall during the night in spite of the angry demands of a zealous First Alarm security guard.

Nor did policed ticket activists reading posted agendas outside City Council though they were standing “in a closed area”. Instead they drove them away with threats.

How City officials can allow police to ban people from reading publicly posted city agendas at night is still a mystery to many of us. Particularly since state lazw requires the agendas be publicly available 24-hours-a-day for 72 hours before any public meeting.

GET READY TO BED DOWN!
Join us in pajamas and bathrobes (teddy bears optional) if you wish to support the Right to Rest.

For die-hards and a third round of coffee, HUFF (Homeless United for Friendship & Freedom) will be meeting at 703 Pacific at the Sub Rosa Cafe (next to the Bike Church).

More info at http://www.indybay.org/newsitems/2015/08/01/18775639.php .

This description reflects my perspective and hopefully that of other activists. Living it is better than reading about it. Come and do your part.

The Federal Government Says Being Homeless Should Not Be A Crime

NOTE BY NORSE:  Tip of the hat to Peggy Lee Kennedy down L.A.-way for passing on this encouraging “Statement of Interest” brief filed by the federal government against a Boise, Idaho Sleeping Ban.

Article: http://www.huffingtonpost.com/entry/homeless-crime-sleeping_55c3742ee4b0923c12bbb772
Meanwhile in Santa Cruz, we are preparing our next daytime/nighttime Sleep Protest at City Hall for Tuesday August 11th–when the City Council returns from its restful vacation.   Folks are invited to wear Sleepware and cast a few yawns of wisdom at the Council during the 5 PM Oral Communications period.  More info on the SleepOut (#5 in a continuing series) on www.indybay.org/santacruz  shortly.
Homeless people–even an elderly disabled woman with a service dog–continue to be harassed and ticketed for Sleepcrime when Santa Cruz has no shelter for 95% of its homeless.  Food services at the Homeless (Lack of) Services Center continue to be a preserve of those “in programs” with “a pathway to housing”  (whatever that means).
Additionally HUFF was told this week that so-called emergency medical providers like Dominican Hospital, Emeline, and Planned Parenthood turned away a homeless woman recently raped in search of medical examination, advice, and treatment.  Please report difficulties you or homeless friends are having obtaining services–the more specific the information, the better.

 

Merced Mercycrushers Move on Homeless Camp

NOTES BY NORSE:   In Santa Cruz HUFF began turning in damage claim forms demanding $2500 from city sleepbusters.  The first claim forms were presented to the City Clerk’s office during the protest Tuesday night against the SCPD’s  rescue-n-riot Bearcat Armored Personnel Vehicle.   The restitution is demanded for each instance where a ranger or police officer has wakened a homeless person and demanded they leave–invariably without giving them a legal place to go and often with a $157 citation. Bring your sleeping and camping tickets to the Food Not Bombs tables on Saturday and Sunday at 4 PM near the main Post Office in downtown Santa Cruz.
      We don’t know how Small Claims Court “judges” will treat these lawsuits, but at least homeless folks and their advocates will get a chance to face their abusers.
       However, the attacks on homeless survival encampments in Santa Cruz are not likely to stop.  The hyperpolicing of parks and other greenbelt areas continues with no increase in shelter, no warming centers opened, and no acknowledgment of the misery and injustice caused by these sweeps.
       The new “Stay-Away” law in the parks and other large swaths of Santa Cruz goes into effect on February 12th or thereabouts.  Read about these new “Homeless–Disappear or Go to Jail” laws at https://www.indybay.org/newsitems/2015/01/09/18766602.php    Specifically, the text of the monstrously expanded Stay-Away law is at https://www.indybay.org/uploads/2015/01/09/final_law.pdf and the older City Hours of Operation and abusive “Disorderly Conduct” laws are at  https://www.indybay.org/uploads/2015/01/09/p_and_r_codes_shorter.pdf.  

Merced Homeless Threatened

by Mike Rhodes ( mikerhodes [at] comcast.net )

Sunday Jan 25th, 2015 4:37 PM

Caltrans says this homeless encampment is on public (State of California) land. If these homeless people can’t live here (on the people’s land), where can they live?

A group of 25 (+ or -) homeless people living in an encampment near highway 140 and Baker street in Merced are being threatened with eviction by Caltrans. Notices were posted on Friday, January 23 for the Monday, January 26 at 8 a.m. eviction. The notice posted by Caltrans says that “all personal property and camp debris is to be removed by the time and date noted below.” The notice continues “any personal property left at this site after this time will be considered abandoned.”

The residents in the encampment, some of whom have lived there for over a year, don’t have any place to go. There are no safe and legal camp sites for the homeless in Merced. Several of the residents are elderly and some are sick and unable to move their property, even if there was some place to take it.

Marilyn showed me inside her shelter today and it is obvious that she is not going to have her property moved by tomorrow morning. The notice does say that “any personal property not disposed of will be stored for ninety (90) days.”

Supporters of the homeless will be at the encampment on Monday morning to video the Caltrans operation and make sure that homeless people’s rights are not violated.

She is unable to move her property to another location.

§Some of the homeless shelters are very well maintained

by Mike Rhodes Sunday Jan 25th, 2015 4:37 PM

§This is a view of a couple of the shelters in the camp

by Mike Rhodes Sunday Jan 25th, 2015 4:37 PM

§Some Shelters had some landscaping

by Mike Rhodes Sunday Jan 25th, 2015 4:37 PM

http://fresnoalliance.com/wordpress/?p=1313

Caltrans clears Merced homeless camp

By Thaddeus Miller
tmiller@mercedsunstar.com

01/26/2015 9:54 AM

01/26/2015 6:16 PM

The California Department of Transportation on Thursday posted notices at an encampment near Kelly Avenue and Highway 140 on the east side of Merced ordering the homeless illegally camping there to leave before crews clear the area Monday.

The notice went up on the same day that volunteers assisted the county’s Continuum of Care in counting the homeless in Merced County, a count required by the Department of Housing and Urban Development.

Though the official numbers from the count aren’t expected to be released until next month, the Continuum of Care member heading the tally said there are more homeless people in the county than last year at the same time.

Those living in encampment near the Bradley Overhead, an overpass maintained by Caltrans, said Thursday they may have been able to find other shelter if they’d been given more notice.

Gail Henslee, a 60-year-old woman who’s lived in the encampment for two months, said a few days is not long enough to move. “We have nowhere to go, and they don’t care,” she said.

The notice says the area will be cleared because of illegal camping and dumping. Homeless advocates estimate that 25 people call the encampment home.

Henslee said she’s called a lawyer to study her options, but in the meantime admits she won’t have any choice but to leave before the camp is cleared out beginning at 8 a.m. Monday. She said she didn’t know about the plans to clear the camp until a Caltrans employee warned her earlier this week.

Entering a local shelter, such as the one D Street, is not an option for her, she said, because staff there would not allow her to bring her 11-year-old dog.

Being forced from one place to another is nothing new, said Brent Shirley, who has lived in a makeshift structure near the overpass for about six months. “There’s no closure for all of this – none,” the 52-year-old said. “It’s just a vicious cycle we’re all living in.”

A handful of tents and makeshift shelters make up the encampment, which can be seen by drivers who travel the highway to and from Yosemite National Park.

Caltrans spokeswoman Angela DaPrato said the California Highway Patrol will assist in the removal early next week, when crews will throw out anything left behind. Those in the encampment can identify possessions they plan to come back for, according to the posted notice, and Caltrans will store the items for up to 90 days.

Representatives from the Merced County Human Services Department were on hand Thursday to speak with those living near the overhead after the notices were posted.

Renee Davenport, who headed up the tally for Continuum of Care, said she appreciated that Caltrans held off from destroying the camp until after the count. She said several people in the camp are elderly or suffer from medical conditions that keep them from working.

Davenport said she is doubtful that many of them would get housing relatively soon, because the system does not work quickly.

Moving them from the encampment is not a long-term solution, she said. “They’re just going to go somewhere else in the street.”

The encampment has been there for about two years, Davenport said. It started to receive extra attention after the $41.2 million Bradley Overhead project was completed in November.

There were 768 homeless people in Merced County, including 21 children, based on the 2014 Homeless Count and Survey.
Davenport said this year’s count found more homeless people, but she declined to report the exact numbers. Urban Initiatives, the nonprofit that oversees Continuum, said it expects to be able to report the numbers in February.

Volunteers will continue with a homeless survey Friday. The questionnaire is an attempt to better track the demographics of the homeless, with questions designed to find out how many of them are men, women, children, veterans, HIV positive, mentally ill and so on.

Those leaving the camp will have to find a place to stay other than the warming shelter that’s been used during the past couple of winters. The Merced County Rescue Mission said this month that it was not planning to open the shelter, which is essentially a tarp tent filled with beds and space heaters.

Also this week, during a regular meeting, the Merced City Council instructed city staff members to look at the cost of opening a public building or taking over control of the city’s warming shelter. About $7,200 in Department of Housing and Urban Development money during the past two years has gone toward the purchase of the tent and the equipment inside, as well as paid the utility costs, according to the city’s Housing Department.

City staff members said a report could be ready in the coming weeks.

FOR PHOTOS, VIDEO, AND COMMENTS, GO TO
http://www.mercedsunstar.com/news/local/article8160516.html#/tabPane=tabs-b0710947-1-1

Caltrans clears Merced homeless camp

By Thaddeus Miller
tmiller@mercedsunstar.com

01/26/2015 9:54 AM

01/26/2015 6:16 PM

MERCED

Plans to clear a homeless encampment came to fruition Monday morning, as Caltrans workers used heavy machinery to begin clearing the camp near Highway 140, where an estimated 25 people lived in tents and makeshift buildings.

The work started shortly after 8 a.m. in the mud and grass field near where Kelly Avenue meets the Bradley Overhead. Caltrans posted notices on Friday that ordered the homeless to leave the area by Monday morning.

California Highway Patrol officers, who were on hand to provide security, said the people in the camp peacefully complied with the notice. One man who lived in the camp was taken away by an ambulance after he complained of chest pains.

Many of the residents of the camp were still packing up when the crews arrived. Steve Mentz, 51, hurried to secure his dogs and try to save as much of his structure as possible.

As he left the camp, he said he didn’t know where he would spend the night, as he’s been run off before. “They’re making it where there’s nowhere to go,” he said.

A resident of the camp for about eight months, Mentz said he’s legally blind and hoping to get disability benefits soon. He was aware of the looming destruction of the camp, he said, but didn’t have anywhere else to go because the shelters in town don’t allow pets.

Renee Davenport, a member of the Merced County Continuum of Care, said many of those living in the encampment have stories similar to Mentz’s. She said some have drug problems or suffer from mental illness, but several of those living in the camp are elderly or disabled and can’t work.

She said the breaking up of the camp highlights what she sees as a lack of services for homeless people in Merced and the county. “To do this in the middle of the winter – and there’s no warming shelter – there’s no excuse,” she said.

Davenport was in the camp Monday morning helping people pack up.

People who left the camp would have to find alternate housing from the warming shelter that Merced County Rescue Mission opted not to open this year. About $7,200 in Department of Housing and Urban Development money during the past two years has gone toward the purchase of the tent and the equipment inside, as well as paid the utility costs, according to Merced’s Housing Department.

Merced City Manager John Bramble said his staff is still looking into the cost and feasibility of opening a public building or taking over control of the warming shelter tent.

That same day, U.S. Housing and Urban Development Secretary Julian Castro announced groups that work with the homeless throughout the central San Joaquin Valley received about $10 million to help those without shelter. Merced County’s Continuum got seven grants worth $579,193.

Back in Merced, Caltrans crews took down some of the makeshift structures in the camp by hand, folding up tarps and bagging trash. The buildings made with wooden pallets snapped and splintered as they were knocked over by heavy machinery. Some of the homeless got help moving from friends with cars, while others pulled their belongings on a cart behind a bicycle.

A handful of people arrived to the camp with signs saying the homeless there were being “persecuted.”

According to the last year’s homeless count by the Merced County Continuum of Care, there are 476 homeless people in Merced. Continuum conducted the 2015 count this month, but has not reported the numbers yet.

Caltrans agreed to store possessions for up to 90 days for those who lived in the camp. Anything else left behind was destined for the dump.

Angela DaPrato, a spokeswoman for Caltrans, said the department had been planning to clear the camp for a few months but waited until after the holidays and last week’s homeless count to go through with the plans.

She said the cleanup would continue Tuesday and crews were not certain how many more days it would take. “They didn’t anticipate how much work it would be,” she said.

FOR PHOTOS AND COMMENTS, go to http://www.mercedsunstar.com/news/local/article8160516.html#/tabPane=tabs-b0710947-1-1

 

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Continue reading

Fresno Victory: Spanking City Hall For Destroying Homeless Survival Gear

NOTE BY NORSE:  This Fresno victory around the confiscation of homeless property should speak to us in Santa Cruz.

Destroying homeless encampments has been the intensified practice in Santa Cruz for the last three years under Mayors Lane, Bryant, and Robinson and the all-powerful City Manager Martin Bernal.  Among activists there has been some talk, but no action.

As is often the case in reactionary times, court action is the most visible sign of effective resistance to the endless creep of the abuses of the wealthy 1% and the 30% who trail along after them.

In Santa Cruz, though I haven’t heard the most recent report, Homeless Persons Legal Assistance Project advocate Steve Pleich, MHCAN Executive Direcctor Sarah Leonard, and out-of-town  attorney Judy Bari have been gathering info for a Sacramento-style lawsuit to both recover property destroyed by the SCPD and Parks and Recreation as well as deter such thefts in the future.  In Sacramento the Lehr decision (http://www.scribd.com/doc/65998790/Lehr-v-City-of-Sac ) upheld the trial findings (“a practice of seizing and then throwing away or destroying the property of homeless persons”)–something they hope to duplicate here in Santa Cruz.

The Santa Cruz ACLU had no problems with “the cop as court” Stay-Away orders a year ago in City Parks (See “Round Two–The New Anti-Homeless Laws Return for a Final Reading” at https://www.indybay.org/newsitems/2013/06/10/18738230.php)

This time the ACLU actually came out with a statement against it [“Local ACLU Issues Stong Statement in Opposition to “Stay Away” Ordinance” at https://www.indybay.org/newsitems/2014/10/24/18763274.php] HUFF activists Raven Davis and Maya Iverson spent many hours examining the “no need for court” Stay-Away orders of the last year given massively to homeless people in the parks and produced a dense but telling letter [“Stay-Away From Human Rights ! An Activist Examines the Escalating Stay-Away Orders Law” at https://www.indybay.org/newsitems/2014/10/25/18763326.php.] And Pleich promised a lawsuit against the law if enacted, even if the local and regional ACLU failed to act (“Time to Step Up and Fight City Hall on “Stay Away” Ordinance” at https://www.indybay.org/newsitems/2014/10/22/18763162.php.

In response the Santa Cruz City Council and its attorney-for-life John Barisone, caught with their fingers in the Constitutional cookie jar, have put off a final vote on supersizing the Stay Away orders until November 11th [“Santa Cruz City Council Delays Second Reading of Stay Away Ordinance” at https://www.indybay.org/newsitems/2014/10/28/18763436.php]

However the tightening iron glove beneath the velvet “Public Safety” fist continues to tighten its grip around the throat of the poor outside.  Prison-like conditions are being implemented in the Homeless [Lack of] Services Center with a “security” gates and ID cards the “new normal”.  The rabidly reactionary Deputy police chief Steve Clark is given a long leash by police boss Kevin Vogel as he smears even the mildly liberal City Council candidate Leonie Sherman (who has declined to stand up for an end to the city’s anti-homeless Sleeping Ban).  A homeless recycler reports the imminent closure of the only remaining Recycling Center in Santa Cruz.  Homeless-ophobic locals near the Circles Church at Woodrow and California are moving to petition for restrictive Permit Parking–in a hearing coming up November 17th.  The Circles Church, in response to both right-wing bigotry  and the influx of service-seeking homeless driven out of parks and the downtown, has shut down its Sunday meal, its thrice-weekly warming center (“the Sunrise Hangout Cafe”) and other services.  The Red Church (Cavalary Episcopal) now no longer allows homeless people to sit on their lawn except during the 6-7 PM meal on Monday.

Once prejudice-pleasing election season is over on November 4th, will those who quieted their voices so as not to stir up the homeless-haters, be willing to take more militant action to defend homeless survival camps in the parks, make use of vacant buildings, and take other obvious actions that restore the public space to the community as well as those who live outside?
Keep watching.

 

Homeless Lawsuit against the City of Fresno Ends in Settlement

By Mike Rhodes

In October and November of 2011, the City of Fresno and Caltrans bulldozed homeless encampments in downtown Fresno. Thirty-six lawsuits were filed by the homeless alleging that their property had been taken and destroyed. Those lawsuits were all settled in October 2014.

In October and November of 2011, the City of Fresno and Caltrans bulldozed homeless encampments in downtown Fresno. Thirty-six lawsuits were filed by the homeless alleging that their property had been taken and destroyed. Those lawsuits were all settled in October 2014.

 

The smile on the faces of homeless people as they cashed their checks left no doubt about who was victorious in the lawsuit against the City of Fresno. The lawsuits, filed by 36 homeless people, followed the October and November 2011 bulldozing of homeless encampments in the downtown area.

Angelita Soto was one of the homeless people who filed a lawsuit and received a check in October. Soto had lived in an encampment near E and Santa Clara streets. On the morning of Nov. 7, 2011, city crews arrived at Soto’s shelter. After forcing her out, they searched inside her shelter, removed her chest of drawers, a chair, a bookshelf and other household furnishings. Those items were put on the curb next to the road. Soto watched as a bulldozer drove by, grabbed her furniture and put it into a garbage truck. Next, the bulldozer returned and destroyed her shelter.

As a result of being without shelter and sleeping on the street in November and December, Soto contracted pneumonia. During this time, several homeless women died in the area. Big Sue, a well-known homeless woman, died on the sidewalk in front of the Poverello House. Her shelter had also been destroyed by city workers, and she suffered because of her exposure to the cold.

Central California Legal Services and the Arnold & Porter LLP law firm represented the homeless in this case.

Chris Schneider, executive director of Central California Legal Services, said, “My hope is that the settlement represents the city recognizing that the Kincaid v. City of Fresno case made clear that all residents of Fresno, including the homeless, have constitutional rights, and that if those rights are violated, there will be consequences.

“The city clearly hoped to wear down the plaintiffs and their attorneys through tens of thousands of pages of discovery demands, hundreds of hours of depositions and the passage of time. The city wanted to send a message that it is futile for homeless residents to insist on their rights and to demand dignity. They were unsuccessful in that.”

Homeless people harmed by the city’s bulldozing of the encampments that I talked to said they would use the money to get an apartment, a couple of them will use the money to continue their education and at least one will buy a used car so he can get back and forth to work.

The city’s defense of its actions largely consisted of claims that everything destroyed was trash. Attorney James Betts, who represented the city in this case, attended the 2011 demolitions and inspected many of the shelters before they were destroyed. In video of these “cleanups,” city workers can often be heard saying that homeless people’s property was trash and smelled of urine or feces. City video also documented the destruction of Soto’s property.

The definition of what property is of value and what is trash was a critical factor in the recently settled lawsuit. The Kincaid decision mandated that the city save any property found during these “cleanups” and store it for 90 days. Was the city’s uncertainty about its ability to convince a jury that Soto’s furniture was trash a factor in its willingness to settle? To prevail, the city would have had to convince juries in 30+ trials that no property of any value was destroyed. That is a pretty high bar to clear.

I asked Schneider if there were any surprises in this lawsuit. He said, “I was shocked to find that a number of the city officials believe that the Poverello House, is ‘part of the problem’ of homelessness in Fresno. They basically view the Pov as a magnate for the homeless and think that if the Pov was closed the homeless would magically disappear.

“I was also surprised to find out how adamantly opposed they are to even consider any idea about addressing homelessness other than Mayor [Ashley] Swearengin’s ‘First Steps Home’ program. It seems that city and Housing Authority officials both have an inability to recognize that the housing first approach at its present pace can only help a few dozen individuals per year or they know its limitations and just don’t care about the thousands of people who will continue to be on the streets for decades.”

Paul Alexander is senior counsel with Arnold & Porter and the lead attorney representing the homeless. I asked him the same question. He said, “There were two surprises for most of us on the legal team. The first of these centered on the Renaissance at Santa Clara. This is a project developed by Penstar Corporation and its executives basically using federal money. It houses only 69 homeless residents, but the total cost of this project exceeded $14,000,000. What’s more, of this enormous amount, the Penstar Corporation took $1,000,000 off the top in a ‘consulting fee.’

“It isn’t hard to imagine how much good could really be done for this enormous expenditure of federal money, and how little was actually done. Maybe we shouldn’t have been surprised. The rich do get richer.

“Second, some of us were surprised that the City of Fresno’s executives testified that making some provision, however small, for the homeless is ‘not our job.’ The city leaves this to others, such as the Penstar executives, while turning its back on far less expensive and more meaningful alternatives such as the Eco Village concept.

“What this means is that, for the most part, the city provides no sanitation facilities, no garbage pickup, no fresh water, not even a porta potty, much less any shelter, for any of its homeless residents. All this does is make the problem worse. Then, the City spends large sums, including Sanitation Department overtime, police supervision, extra heavy machinery and the like, to destroy homeless encampments.

“Fresno can do better, spend less, and over time have a positive impact in reducing homelessness and its impact on the community. This should be the job of city government.”

It is probably not a coincidence that Penstar CEO Tom Richard is a big contributor to Swearengin’s campaign for state controller, giving $6,800 in 2014. Other Penstar executives made significant contributions to Swearengin’s run for mayor in 2012.

The mayor’s Housing First program, which is intended to benefit the homeless, ends up enriching wealthy developers and not surprisingly, some of that money ends up back in Swearengin’s campaign accounts. It is a small world after all.

Since the demolition of the homeless encampments in 2011, city policy has shifted. There is a dedicated Fresno Police Department task force that focuses on preventing the reemergence of groups of homeless people living together in encampments. The police issue citations to homeless people for a wide array of alleged crimes (like having property, which they claim is littering the streets), and they have removed an enormous number of shopping carts from the possession of homeless people.

When an officer in the homeless task force sees a shopping cart without the owner nearby, the city’s Sanitation Department is called, which then confiscates the cart and the property inside it , and takes it to a storage facility. A notice is put up nearby advising the owner how to reclaim the property. Homeless people now can’t go into the Poverello House to get a meal, with their shopping cart outside the gate, without it being confiscated by city employees.

The outcome of this pressure on homeless people in the downtown area is that many of them are moving to other parts of the city. There are now large numbers of homeless people throughout Fresno, but without someplace for them to live, ending homelessness will remain an elusive goal.

Housing First is only able to provide housing for a lucky few; local government has no plan for how to humanely meet the needs of the homeless living on the streets of Fresno, and more people will probably die this winter from a lack of shelter and public services.

A homeless man on Santa Clara Street, near the Poverello House, holds up a handmade sign to express his displeasure with the demolition of homeless people’s shelters.

A homeless man on Santa Clara Street, near the Poverello House, holds up a handmade sign to express his displeasure with the demolition of homeless people’s shelters.

Progressive homeless advocates say that a policy shift toward establishing safe and legal locations for the homeless to live would be a move in the right direction. If those places have drinking water, trash pickup and bathrooms, homeless people could survive and live with some decency.

Alexander, the lead attorney representing the homeless, says the legal team has “learned what we always knew—that litigation is long, difficult and expensive for all concerned. The city was well represented and fought hard. In the end, the city was wise to settle. We would all be better off if this process did not repeat itself. We don’t get paid for bringing this litigation. We do it only when we feel it is absolutely necessary. Who knows—maybe everyone involved can learn some lessons for the future. Hope springs eternal.”

Schneider said, “I would hope that city officials have this time actually learned a lesson and will pursue a proactive approach to addressing homelessness. Such an approach would cost the city a lot less both financially and morally. The city needs to realize that there are plenty of people and organizations in the community ready to work together to find collaborative solutions. We would much prefer that over further lawsuits.”

*****

Mike Rhodes is a frequent contributor to the Community Alliance newspaper. Contact him at mikerhodes@comcast.net.

NOTE BY NORSE:  A wealth of articles on the Fresno homeless dating back a decade can be found at http://fresnoalliance.com/wordpress/?p=1313   

 

 

Continue reading

Rooting Out Police Racism and Homeless Bashing: Demo 2 PM Wednesday at SCPD HQ !

FIGHT BACK AGAINST POLICE & VIGILANTE ABUSE OF THE POOR !

WEDNESDAY, SEPTEMBER 172 PMLaurel & Center outside SCPD HQ

following the weekly 11 AM-1 PM HUFF meeting at the Sub Rosa Cafe

Stop Racial and Class Profiling in Santa Cruz

Campsite Raided? Property Impounded or Tossed? Harassed on the Street?

Treated like a Criminal because you’re Poor and Outside? Vehicle threatened?

Security Guards Barking at You in the Parks? Hassled for Your Dog? “Moved Along”?

Eat ’em Don’t Shoot ’em” Brownies & HUFF Cafe Coffee

No Ferguson in Santa Cruz! End Harassment by Officers Azua, Barnett & Others

Stop Military Style Attacks on the Poor Downtown and Around Town

Volunteer forCampsite Protection Movement & Copwatch

Flyer by HUFF (Homeless United for Friendship & Freedom) 831-423-4833 www.huffsantacruz.org 309 Cedar PMB #14B Santa Cruz

Sanctuary Camp in Santa Cruz Discussion

Activist Brent Adams has proposed a Sanctuary Camp in Santa Cruz, which is being discussed at https://www.indybay.org/santacruz/  with a specific thread at https://www.indybay.org/newsitems/2013/10/10/18744678.php    I reprint my comments from

https://www.indybay.org/newsitems/2013/10/10/18744678.php?show_comments=1#18745233

by Robert Norse
Tuesday Oct 22nd, 2013 8:54 AM

Some valuable information is contained in this business plan. Yhose who are working on the Sanctuary Camp proposal need to be commended for their determination and energy in the face of a hijacked and hostile political climate. I’ve given the plan a reading, but it needs more careful analysis. Brent’s style of presentation, his repeated hostility to some of us who haven’t jumped on the bandwagon (alternating with New Age hugs), and his direct attacks on me personally and protesters generally has made objectivity difficult.

They also need to be aware that many concerned with the rights of homeless people–some homeless and some housed–have “concentration camp” and other concerns with the model.

Fresno activists have been funding homeless-created encampments with trash pick-up’s, portapotties, fresh water, and other services since they won A $2.3 million lawsuit in 2007 (because city authorities, like Santa Cruz’s SCPD and Rangers) were stealing and destroying homeless property.

There’s extensive history on this homeless civil rights struggle at http://fresnoalliance.com/wordpress/?p=1313 . (Scroll to bottom for the most recent story)

More recent encampment coverage:

http://www.indybay.org/newsitems/2013/10/10/18744664.php (Grain Silo Homeless Encampment Posted for Demolition)
http://www.indybay.org/newsitems/2013/10/09/18744608.php (City of Fresno Finds New Ways to Harass the Homeless)

While Fresno activists have tried repeatedly to appeal to the city to be reasonable, recognize how cost productive it would be to stop harassing homeless encampments and/or supply services to them (or perhaps establish Sanctuary type campsites), authorities have repeatedly hoarded or ignored funding specifically intended for homeless relief and continued its campaign of harassment.

The relief that Fresno activists were able to give was through documentary videoing, lawsuits, and then direct services as described above.

Ed Frey and Occupy Santa Cruz supplied toilet facilities here in Santa Cruz when the City would not. In both cases PeaceCamp2010 and the Occupy Santa Cruz San Lorenzo campground were destroyed by authorities (not by internal problems).

Direct support to campsites currently in existence is another avenue to consider here in Santa Cruz, while Sanctuary seekers struggle to persuade right-wing staff, frightened liberals, and an apathetic community to allow a very limited Sanctuary campground.

Another informative document from Fresno is this documentation of The Cost of Destruction in Fresno: http://helpfresnoshomeless.org/ . The business plan references local costs generally, but getting such documentation more specifically is important.

While it feels endless and overwhelming, it’s important to support homeless folks–their rights, their property, their dignity now as it is seized from them, legislated away by law, and snarled away by a rightwing riptide undertow. If they choose to protest, it’s wrong to ignore or–worse–denounce them as “alienating the community.”

It seems both cruel and delusional to suggest they wait for the toxic political establishment to be persuaded that a sanctuary camp is a good idea as they shiver in the shadows through the winter, facing an ever nastier set of “recommendations” from Bryant’s Citizens Task Force on Public Safety. See http://www.cityofsantacruz.com/Modules/ShowDocument.aspx?documentid=34557 (meeting again 6 PM 10-23 in the Tony Hill Community Room of the Civic Auditorium).

There’s also the concern that pushing a plan for a select number of homeless to be allowed a special sanitized segregated area where they will not be allowed the rights that anyone indoors takes for granted (drinking alcohol for instance) is both paternalistic and unrealistic. It also goes against the wisdom of the Housing First model which seeks to provide the most basic housing before imposing sobriety.

No one doubts the need for campgrounds. But we must support those who are struggling now. Not turn aside and censor our efforts and websites in the hope of teasing out a smile on Pamela Comstock’s face. Waiting for Don Lane to find a backbone and other progressives scuttling to find protective cover from the phony Public Safety scare is self-defeating. (See, however, http://santacruz.patch.com/groups/don-lanes-blog/p/why-are-they-here-or-is-it-why-are-we-here for Lane’s defense of social services to the Task Force, as he remains silent–as he has for decades–on the vital need for safe places to sleep)

Portland Activists Struggle

NOTES BY NORSE:   With the power of the Portland Occupy movement and Street Roots newspaper as well as local homeless organizing behind the movement, Dignity Village and Right 2 Dream Too established themselves as self-run homeless encampments, now praised by city officials (though Right2DreamToo was still being fined for its existence and carrying on nonetheless).

      I think consulting with those who formed these camps would be helpful in understanding the power necessary to effectively push  past City Council and Take Back Santa Cruz/Downtown Business Association/Santa Cruz Neighbors bigotry and fear in the current Sanctuary Camp debate.
Simply being reasonable, making logical arguments, or appealing to city officials just doesn’t do the trick.  As the poisoned hammer of Mayor Bryant’s toxic and misnamed Public Safety Citizens Task Force comes down (see http://www.cityofsantacruz.com/Modules/ShowDocument.aspx?documentid=34511for the explicit anti-homeless options being seriously considered).   Appealing to right-wing sensibilities by using anti-homeless stereotypes about a “public safety” problem is also counter-indicated and furthers the rightist agenda of cracking down on homeless people with the cruel and phony “don’t enable” argument.

Right 2 Dream Too: Moving options unclear after Portland City Council again delays vote

Right 2 Dream Too
PORTLAND, OREGON – JULY 23, 2013 – Pamela Dahl, 25, is one of the people at Right 2 Dream Too who is at the security desk at the entrance. She’s walking past some of the 79 sleeping bags they take to the laundry every week. Dahl says, “I used to put my makeup on every day in high school. There are more important things now on the street.” Commissioner Amanda Fritz’s office is negotiating with the Right 2 Dream Too homeless camp in Old Town to move from its highly visible location at West Burnside Street and Northwest Fourth Avenue to under the west end of the Broadway Bridge. (Benjamin Brink/The Oregonian)

Brad Schmidt | bschmidt@oregonian.com By Brad Schmidt | bschmidt@oregonian.com
Email the author | Follow on Twitter
on October 15, 2013 at 7:29 PM, updated October 15, 2013 at 11:02 PM

ail
A decision to move the Right 2 Dream Too homeless camphas been delayed for up to 60 days by city officials who said Tuesday they’re leaving negotiations with camp leaders in the hands of Pearl District developers, businesses and residents opposed to the proposal.Tuesday’s setback is the latest for Commissioner Amanda Fritz, who unveiled a plan to move the camp in September as a done deal. Weeks later, it ran into a political buzz saw wielded by influential developer Homer Williams and residents from the plugged-in Pearl District neighborhood association.

Neither business interests nor Right 2 Dream Too leaders would discuss negotiations Tuesday.

Fritz, disappointed that her proposal to relocate the settlement from West Burnside Street to under the Broadway Bridge has been upended and delayed, said Williams’ group hasn’t proposed a real solution since the City Council first postponed its vote on the camp at an Oct. 3 public hearing.

“They haven’t put anything viable on the table,” Fritz said Tuesday, a day before the City Council was scheduled to revisit the issue.


Mayor Charlie Hales, the one who asked Fritz for more time, said he’s hopeful Right 2 Dream Too negotiations will lead to a better solution.

“We believe there’s progress, in terms of additional resources coming to help address the problem, and maybe a better solution than just moving tents from one place to another,” said Hales, declining to provide specifics.

A spokeswoman for Hales defended the city’s decision to leave negotiations to homeless campers and Pearl District leaders. Williams and others wanted time for a solution, K.C. Cowan said, and that’s what the city is providing.

“We will be at the table when there’s something definitive to look at,” she said. “But right now we’re not the group that’s saying, ‘We want an alternative.’”
A little more than a month ago, Fritz called a press conference at City Hall to announce a deal to move Right 2 Dream Too, which sleeps about 70, from its location at Northwest 4th Avenue and Burnside Street to the Pearl District.

Fritz proposed the move hoping to end a lawsuit filed by Right 2 Dream Too, which formed in October 2011. The group sued Portland’s Bureau of Development Services after the cluster of tents was labeled an illegal campsite and racked up fines for code violations.

Fritz, newly tasked with leading the development services bureau, suggested moving the camp from its marquee location in Chinatown to city-owned property underneath a Broadway Bridge onramp. She also proposed dropping the fines.

“I don’t necessarily need anybody else’s approval,” Fritz said at a Sept. 9 news conference, couching her plan as the end of a lawsuit instead of a controversial move. “I certainly have the mayor’s strong support. I’ve briefed each of my colleagues on the second floor about it and have not heard any particular concerns.”

But almost immediately, Williams and Patricia Gardner, president of the Pearl District neighborhood association, threated lawsuits or legal action over zoning rules and long-standing development agreements.

After a 5-hour-plus City Council hearing Oct. 3, where dozens of people – including Williams, whose company donated $15,000 to Hales’ mayoral campaign – spoke against the plan, Portland’s mayor delayed action for two weeks.

Hales on Tuesday said more time is needed and hopes a plan will be returned to City Council “sometime in the next 60 days.” The Pearl District location is still on the table, he said, but there’s a 50-50 chance another option could end up being better.

The proposed site, at Northwest Lovejoy Court, is a block away from a hotel project being developed by Williams and business partner Dike Dame.

Asked about Williams’ efforts, Hales said: “Whenever people bring private money to the table in addition to whatever the public can put on the table, that’s better. I appreciate the citizenship of that offer. Obviously, there’s self-interests involved.”

Cowan later declined to say whether Williams or others have offered money to move campers to shelters or permanent housing.

Williams referred questions to Dame who referred questions to a John Mangan, a spokesman who works with Williams & Dame Development.
Mangan earlier this month helped lead a public relations effort criticizing the city over its lack of public process. On Tuesday, he said he wouldn’t discuss details of the Right 2 Dream Too negotiations.

“We’re really not ready to talk about those,” he said.

It’s also not clear how many meetings have taken place or who has attended. Neither Cowan nor Mangan would provide details. Ibrahim Mubarak, a co-founder of the camp, also declined to talk about negotiations Tuesday.

Fritz said recent considerations involved moving the camp to the Central Eastside, specifically at the Salvation Army property at 200 S.E. Martin Luther King Jr. Blvd. But Fritz said the property is no longer available.

Before settling on the Pearl District location, Fritz’s chief-of-staff said, city officials also considered a separate site underneath the Broadway Bridge and one next to the Bud Clark Commons, both of which have contamination issues.

Fritz said she’s agreed to pnly a one-week delay but wouldn’t address late Tuesday what would happen if the proposal doesn’t return to City Council next week. Hales is scheduled to be in China the following week on city business.

With winter approaching, Fritz said she’s unwilling to wait 60 days and has called on Williams and others to step up and find a solution. Cowan, Hales’ spokeswoman, said officials think that will happen “fairly soon.”

“This is really their process,” Cowan said. ” We’re saying, ‘Go. Do. Come back to us when you’ve got something.’

” I know,” she said, ” we can’t let it go on forever.”

— Brad Schmidt

Right 2 Dream Too: Mayor Charlie Hales lauds homeless group, delays vote on move to Pearl District

Possible new camp for Right 2 Dream Too
This city owned lot is still the desired location for Right 2 Dream Too, but Mayor Charlie Hales said he wants to bring worried developers and neighbors to the table. (Benjamin Brink/The Oregonian)

Andrew Theen | atheen@oregonian.com By Andrew Theen | atheen@oregonian.com
Email the author | Follow on Twitter
on October 03, 2013 at 9:24 PM, updated October 04, 2013 at 12:50 PM

Right 2 Dream too

After five hours of public testimony Thursday night, Mayor Charlie Hales had nothing but good things to say about Right 2 Dream Too, the two-year old homeless community at the gate to Portland’s China Town.”This unique community,” Hales said, “Is doing valid work in a special way that no government agency ever thought of.”

But the first public hearing on whether the city can legally move the campers to a city-owned parking lot underneath a Broadway Bridge on-ramp won’t be the last.

Hales said the council should meet with Pearl District residents and prominent business leaders such as developer Homer Williams, who pleaded with the council to have a seat at the table.

“Frankly, I think any elected leader would be crazy to reject an offer like that,” Hales said.

Commissioners will meet again to discuss the fate of R2D2 on Wednesday Oct. 16, where they could make a decision about the legality of the move, or take additional public comment if a compromise or another proposal comes to the table.

“This has been probably the most memorable hearing that I remember,” Commissioner Amanda Fritz said.

Fritz led the charge to bring a settlement to a lawsuit involving R2D2 and its landlord at its current home on a West Burnside Street lot. R2D2 organizers say it offers homeless people a safe, dry and free place to stay off the streets.

Fritz also leads the Bureau of Development Services, which issued the controversial zoning decision last week authorizing moving the tent community to a city parking lot.

At the beginning of the fivehour affair, the council chamber was packed. The standing-room-only crowd spilled into an overflow room, and it was a diverse group. Women in pantsuits sat next to men in blue T-shirts.

Testimony came from residents young and old, including a mother who recited a poem penned by two children. Backers of multimillion dollar residential and commercial developments sat, for hours, in the same room as dozens of homeless people and supporters.

More than 130 people signed up to testify, and the majority of them followed through.

Public comments, from all sides of the issue, drew pockets of applause, cheers, boos and the occasional standing ovation.

By the end of the night, the bulk of the public testimony came from homeless people and supporters.

Earlier, Pearl District residents largely expressed concerns and fear of the uncertainty and might follow if the tent city relocated to their neighborhood.
Concerns ranged from the arrival of more crime, to the effect on property values, to how the move would hurt business bottom lines. One developer said he’s bracing for a 1 percent drop in apartment rentals, which he said could cost $500,000.

Christopher Hanford, co-owner of Davis Street Tavern near the current R2D2 site, said he was “actually thankful the camp is moving.” Handford said his sales “went off a cliff” once the camp opened in 2011.

Homer Williams and Dike Dame, the business partners and juggernaut developers in Portland’s Pearl District, testified together. Dame warned council was “truly on the precipice of a very bad decision.”

“You’re eliminating the use of our brains, you’re eliminating the use of our resources,” Dame said, “By cramming this deal down our throats.”

Ibrahim Mubarak, a co-founder of R2D2, said that Pearl residents were ignorant of how the camp operated. He said a drop in property value could be good.

“Then maybe there’s be some affordable housing,” he said.

Thursday’s meeting was supposed to be about the zoning memo released last Friday by the Bureau of Development Services designating R2D2 as a “community asset.”

The memo stipulated the camp wasn’t subject to building permits, and therefore didn’t have to go through a rigorous design review or land use review process.

Most of the testimony ignored the particulars of that memo.

But Christe White, a prominent land use attorney representing Williams & Dame and others, blasted the council for the “contrived nature” of the document. “The city can’t have it both ways,” White said. Either R2D2 was a mass shelter or it wasn’t; either way it was subject to stringent design reviews.

White said approving the zoning decision “dismantles the social contract” in the city, and would lead to more homeless camps, or rest areas, across the city. She urged the city to amend its code and legitimize the camps “if that’s what you want to do.”

That is what many of the homeless supporters want to do, as they advocated for using vacant lots, buildings and public facilities to house the homeless.
Michael O’Callahan, a co-founder of R2D2, said homeless people are even more vulnerable than other residents. “Let us be safe just like you all are,” he said to Pearl District residents. “R2D2 is a good neighbor.”

Commissioner Steve Novick seemed impressed by R2D2’s organization as well. He tried to assuage the concerns of some homeless advocates about Pearl residents waging a “class war” and being more concerned about their property values than human life.

“I heard more fear than greed,” Novick said. He added there was compelling evidence from Thursday’s testimony that R2D2 residents and supporters feel so strongly about the camp because it is a safe and dry place off the streets.

R2D2 started in October 2011 at the Burnside property owned by Michael Wright and three business partners. Wright said he initially let the group stay as a jab at the city. But the rest area’s presence immediately started racking up fines.

As part of the settlement agreed upon last week, the city waived $20,957 in fines and agreed to move the camp to what’s known as Lot 7, a parking lot owned by the Portland Development Commission beneath the Broadway Bridge’s Lovejoy ramp. Camp advocates agreed to drop a lawsuit against the city in exchange for the settlement.

Commissioner Nick Fish missed the entire meeting for a previously scheduled event. Commissioner Dan Saltzman, the current Housing Bureau manager, slipped out for a Northwest Housing Alternatives event at 7 p.m.

Fritz said she would have preferred to vote Thursday rather than delay the matter. The clock is ticking to reach a final agreement, Fritz said, as the deadline for a use agreement with R2D2, part of the legal settlement agreement released last week, is in 25 days.

Earlier this week, lawyers representing Williams and other Pearl District developers indicated they would initiate arbitration and seek an injunction to stop the move if the council approved the deal on Thursday.

— Andrew Theen

Portland Sanctuary Expanding?

Tent city planned in fancy Portland neighborhood

By STEVEN DUBOIS, Associated Press
Updated 10:36 am, Sunday, October 6, 2013
  • In this Oct. 4, 2013, photo, a person walks by the Right 2 Dream Too homeless camp in Portland, Ore. Opponents of a city plan to put 100 people under a century-old bridge in the Pearl District are carefully choosing their words when complaining about the prospect of new, down-on-their-luck neighbors. Rather than express concern for their financial investments, they have criticized the city's expedited process and worried for the welfare of those willing to live in a parking lot under the west ramp of the Broadway Bridge. Photo: Don Ryan
    In this Oct. 4, 2013, photo, a person walks by the Right 2 Dream Too homeless camp in Portland, Ore. Opponents of a city plan to put 100 people under a century-old bridge in the Pearl District are carefully choosing their words when complaining about the prospect of new, down-on-their-luck neighbors. Rather than express concern for their financial investments, they have criticized the city’s expedited process and worried for the welfare of those willing to live in a parking lot under the west ramp of the Broadway Bridge. Photo: Don Ryan

PORTLAND, Ore. (AP) — One of the toniest areas of Portland might soon be home to a tent city.
If this were another town, the owners and developers of high-end homes and condominiums would scream to high heaven about diminished property values.

But this is Portland, where the citizens try their best to be tolerant of everything except intolerance — and gluten.

Opponents of a city plan to put 100 people under a century-old bridge in the Pearl District are carefully choosing their words when complaining about the prospect of new, down-on-their-luck neighbors. Rather than express concern for their financial investments, they have criticized the city’s expedited process and worried for the welfare of those willing to live in a parking lot under the west ramp of the Broadway Bridge.


Tiffany Sweitzer, the president of Hoyt Street Properties, a realty and development firm that — over the course of 15 years — has helped transform a dying industrial area into a sparkling urban neighborhood, said “throwing a bunch of people under a bridge” should not be the city’s solution to helping the estimated 2,000 residents who sleep outside each night.
“It’s embarrassing, because that is not how you would treat anybody,” she said.

Mayor Charlie Hales and city commissioners plan to decide Oct. 16 whether to move the camp to the Pearl District from its current home near the entrance to Chinatown. If approved, a coalition of property owners promises to sue.

The camp known as Right 2 Dream Too was established in October 2011 during the Occupy Portland movement. Four years earlier, the city forced an adult bookstore to close because of code violations. The building was later demolished and the lot remained empty for three years until the aggrieved owner allowed the homeless to lease the property for $1 a year.

Each night for two years, roughly 100 people have slept on prime downtown real estate — in tents shielded from passers-by with a barrier of old, colorful doors fashioned into an artsy wall. During that time, landowner Michael Wright racked up more than $20,000 in fines because of violations associated with operating a campsite without a permit. He responded with a lawsuit.

To extract Portland from this mess, city Commissioner Amanda Fritz brokered a deal in which the fines would be waived, the lawsuit dropped and the homeless campers sent to the Pearl District. It all happened in a matter of weeks, angering homeowners and developers who say the city was so desperate to settle Wright’s lawsuit that it bypassed zoning laws.
Fritz, a former psychiatric nurse, acknowledged that the camp is not the ideal answer to homelessness. She said there is not enough money to provide housing to all, and Right 2 Dream Too has provided a much safer alternative than the street.
“It’s been an option that’s been better than nothing,” she said.

Scores of people spoke for and against the proposal at a recent five-hour hearing. Though some older women testified their safety would be jeopardized, most Pearl District residents completely ignored quality-of-life and financial issues and repeatedly griped that the city did the deal in secret and delegitimized the zoning code. Not everyone in the neighborhood is rich, they added, and the fight has been unfairly cast as the greedy against the homeless, or “us against them.”

“It’s a sad, confrontational, divisive atmosphere because communication was intentionally closed,” said Julie Young, a retired social worker who lives in the Pearl.

Besides condominiums and the low-income apartments for older residents, there are businesses nearby and a Marriott is scheduled to open next year. Those who have spoken to the potential financial impact of Right 2 Dream Too say hotel guests won’t want to stay near a shantytown and commercial rents could fall by more than 15 percent.

Ziba Design spent $20 million to build its headquarters in the Pearl District. Its real estate adviser, Greg Close of Wyse Investment Services, said in a phone interview that his client represents a large Chinese apparel manufacturer that is considering Portland.

“What does my client tell the executive of that manufacturer when it asks: ‘How can we trust you, Ziba, with our brand when we come to Portland and see you invested $20 million next to a homeless camp?'”

Homeless people, meanwhile, ask their prospective neighbors to give them a chance. Right 2 Dream Too (or R2D2) has an excellent safety record, and supporters say the camp — they call it a rest area — has helped people get back on their feet and into permanent housing.

“We’re not there to bring property values down,” said Ibrahim Mubarak, the R2D2 leader. “We’re there to get people from sleeping on your sidewalk. We’re there to stop people from sleeping in the doorways. We’re there to stop the drug dealing. We’re there to stop the drug use by our friends.”

http://www.sfgate.com/news/us/article/Tent-city-planned-in-fancy-Portland-neighborhood-4873496.php