NOTE BY NORSE: The Santa Cruz City Council’s slow but steady cutback of public comment time, public accessibility, and public accountability is something I’ve recently written about (and filed a formal Brown Act complaint against–see Mayor Cuts Off Comment in Consent Agenda Crackdown; Continue reading
Tag Archives: City Council repression
Mayor “Hackin'” Hillary Decrees New Gag Rule at Santa Cruz City Council
http://www.indybay.org/
Saturday Jun 1st, 2013 10:49 PM
At Tuesday’s afternoon City Council meeting (5-28), Mayor Bryant adopted a new repressive procedure which seemed to be made up on the spot to silence Continue reading
Public Hysteria Task Force Has 1st Meeting Tonight 6 PM Tony Hill Room Civic Auditorium SC
Tuesday May 7th, 2013 9:24 AM
The “Public Safety” Task Force, hand-picked by Mayor Hillary Bryant, has its first meeting tonight at 6 PM in the small Tony Hill sideroom at the Civic Auditorium on Church St. across from City Council chambers. According Continue reading
Public Hysteria Task Force Has 1st Meeting Tonight 5-7 6 PM Tony Hill Room Civic Auditorium SC
The “Public Safety” Task Force, hand-picked by Mayor Hillary Bryant, has its first meeting tonight at 6 PM in the small Tony Hill sideroom at the Civic Auditorium on Church St. across from City Council chambers. According Continue reading
Updates on the California Homeless Bill of Rights (AB5)
City Council’s “Public Safety” Committee Meets Wednesday 5-1 at 6 PM
State-wide Coalition Converges on the Capitol 4/22 and 4/23 for Homeless Bill of Rights hearing
As homeless people are increasingly caught up in a bogus “Public Security” crackdown involving private security thugs harassing the homeless around city hall, the library, the levee, and in the Pogonip, documenting these abuses with video and audio–and posting the accounts becomes increasingly important. A good place to post is www.indybay.org/santacruz . Plus you-tube, of course.
A reminder to HUFF members and other interested folks that Keith McHenry, co-founder of Food Not Bombs, will be returning to Santa Cruz on Saturday to give a workshop/forum on the California Homeless Bill of Rights, creating a Homes Not Jails locally, and other activist civil rights issues impacting those outside. See http://www.indybay.org/
Date: Thu, 18 Apr 2013 08:59:35 -0700
From: shoc_1@yahoo.com
Subject: State-wide Coalition Converges on the Capitol 4/22 and 4/23 for Homeless Bill of Rights hearing
To: shoc_1@yahoo.com
CC: pboden@wraphome.org
Last year, Rhode Island became the first state to pass a statewide homeless people’s bill of rights. Building on the community organizing that led to this success, social justice organizations around the country have been working on bills that aim to protect the rights of homeless people. While the states of Vermont, Oregon, Connecticut and Missouri have already had bills introduced, California’s Bill – co-sponsored by the Western Regional Advocacy Project, Western Center on Law and Poverty, JERICHO: A Voice for Justice, and the East Bay Community law Center – is the first bill since Rhode Island’s to be heard in the state legislature. Judith Larson of Jericho said, “This is the essence of what Jericho was
Phone and Fax: (916)442-2156
www.sacshoc.org – http://homeward.wikispaces.com
HUFFster denounces Santa Cruz County jail at protest
Statement of Solidarity from Santa Cruz Homeless United for Friends & Freedom (HUFF)
Posted on April 9, 2013 by sinbarras
Becky Johnson, one of the Santa Cruz 11 and an organizing member of HUFF, gave a wonderful speech at our Speakout + Rally on April 6th on local homeless issues and conditions in Santa Cruz County Jail. Below is the transcript, audio and video are coming soon:
When President Dwight D. Eisenhower left office in 1961, he warned “Beware the Military-Industrial Complex.” Today, it’s “Beware the Prison-Industrial Complex.” For prisons today have become big business in a country where manufacturing generally is suffering & unemployment rates are high.
Santa Cruz County is no exception.
For a jail to be profitable, it must be full. Nevermind that it’s paid for with taxpayer dollars. Our electives & appointees don’t care. For them, it is a job security program for police, judges, bailiffs, deputies, file clerks, probation officers and attorneys.
I myself have been fodder for this system with my “criminal” career: I am a convicted sidewalk hopscotch chalker, criminal songster, & in the case of the Santa Cruz Eleven, a suspected sign-holder & blogger. But what I want to talk about to you today is the criminalization of homelessness.
Currently in liberal, progressive Santa Cruz it is illegal to sit on a sidewalk less than 14 feet from a building. It’s illegal to sit on a park bench with your feet up. The Sleeping Ban, MC 6.36.010 section a, outlaws the act of sleeping anywhere out of doors or in a vehicle between the hours of 11PM & 8:30AM within the City Limits.
A separate provision outlaws the use of a blanket between 11PM – 8:30AM out of doors. Hacky-sacking, hop-scotching, and tossing your car keys to your husband are illegal acts on Pacific Ave., the shopping-Mecca where all the City Council members friends have stores.
Let me tell you about Gary Johnson, a homeless man, and an activist. Gary was arrested 4 times within 3 days for BEING on the County property in front of the Court House after 7PM. He was charged with trespassing. When he pointed out that he had a sign which said “A legacy of Cruelty MC 6.36.010 a, PC 647 ( e )”
and that the trespassing code has an exception for “traditional public forums,” the DA turned around and charged him with misdemeanor illegal lodging. He was sentenced to 2 years in jail for these 4 acts of sleeping. Recently he lost his appeal of the sentence before Judges Symons & Burdick.
What homeless person can pay a fine of $162 for sleeping in a cardboard box? None of them. And the authorities know this. But, they can bill you and me for the salary of the police officer who cited or arrested them. They bill for the time the officer spends in court. They bill for any public defender, but with most infraction crimes, the person charged has no right to one.
This jail is full of homeless people! And many who were marginally housed when they were arrested, will be homeless upon their release.
The Drug War fuels many of these arrests. So do mandatory minimums and the 3-Strikes law. But we could cut down on a HUGE amount of local incarceration if we repealed a whole-host of laws which frankly are selectively enforced against the poor and homeless.
When I spent the night here in “G” Dorm in County Jail, I met women there who should NOT have been there. There was one woman, so mentally-challenged that the other inmates had to tell her to put her underwear on. One mother of four with chronic intractable pain from a car accident, was jailed for the crime of supplementing her inadequate pain relief with heroin.
In jail, despite a known diagnosis of chronic intractable pain due to past injury, for which she had been treated with addictive pain medications, she was forced to quit “Cold Turkey”. Her only relief were hot showers. One day, in serious pain, she was pulled from an “unauthorized” shower dripping wet & thrown into an icy holding cell. While in there, she watched as deputies watched “prison porn” on their monitors where women prisoners were tormented & sexually abused.
Another woman was serving 3 months of a 6-month sentence for assault when she herself was assaulted by three women in Jade Street Park after hours. The women beat her over the head with a frying pan (she showed me the scar on the top of her head). They stole her laptop computer. As they fled the park, she called 911 on her cellphone. Police and an ambulance arrived while the three women were still in the area. Terry, the only injured person, was sent to the hospital.
She was arrested in the emergency ward. The three women had convinced the police that Terry had attacked THEM! When by pure chance, her brother’s roommate was able to buy her laptop back (the smoking gun) the DA ignored it.
Since she was still charged with felony assault, Terry was forced to plea “no contest” to a misdemeanor. Judge Adrianne Symons ok’ed that one.
Another form of abuse is the arbitrary nature of what charges are filed and what the how much bail is set. When Gabriella Ripley-Phipps was arrested in December of 2011 for basically protesting the destruction of the Occupy Santa Cruz encampment, she was charged with “obstructing an officer” and bail was set at $25,000. When shooting suspect, Jeremy Goulet was arrested for breaking into his female co-workers home and sexually assaulting her in her own bed, his bail was set at $250.
In the case of Kenneth Massei, the man who was falsely arrested for stealing flowers from the memorial for the 2 slain police officers, bail was set at $5000. He was forced to spend 18 days in jail here until his attorney showed the receipt for the flowers that he had in his possession when he was first jailed.
Isaac Collins, the only person arrested last year at the UCSC 420 event, was jailed here for 82 grams of chocolate & butterscotch brownies that tested positive for marijuana. Collins is black. The deputy that arrested him said he picked Collins out of the large crowd of pretty much all-day law-breaking because “he was wearing a very colorful shirt.”
So in conclusion, we need to End the Drug War! End the war on the poor! End mandatory minimums! End 3-Strikes! Repeal the Sleeping Ban, Blanket Ban, and laws which were written and are enforced specifically to be us
NOTE FROM NORSE; Becky Johnson’s blog can be found at http://
ed against homeless people. Justice demands that we don’t stop until this work is done. Thank you.
Support Homeless Rights and Services–A Response to Councilmembers Robinson and Lane
Last Sunday Robinson flung rhetorical acid at the Homeless (Lack of) Services Center [HLOSC] in a front-page story, attacking its funding, denouncing its management, and smearing its clientele.
For Robinson’s rattlebrained roarings go to http://www.santacruzsentinel.
Joining the gruesome chorus of bigotry orchestrated by Take Back Santa Cruz, Robinson championed further cutbacks in the vital needle exchange program and megaphoned the familiar right-wing merchant myth that Santa Cruz is a magnet for crime, violence, and danger because of its (alleged) tolerance of homeless people, drug abuse, poor people entitlements, and “weirdness”.
Santa Cruz, in fact, with the collusion of self-described “liberals” like Don Lane (and former Council member Katherine Beiers) pioneered California anti-homeless laws in 1994 including the Sitting Ban, the Sparechanging Ban, & the Street Performing Ban. (The word “ban” is meant to suggest that police are given such broad prohibition powers that they can restrict, bully, harass, ticket, or arrest whomever they choose doing these activities–which they do.)
Santa Cruz has also instituted Permit Parking, banning the very existence of homeless vehicles (even when homeless aren’t in them) during nighttime in hours in many neighborhoods. The City Council passed the notorious Parking Lot Panic law which bans anyone from reading a book, socializing, or–for that matter–changing a baby’s diapers in their car in any of the city-owned parking lots. In the last few years, it has leveled nighttime curfews all over the city establishing forbidden zones at such traditionally public areas as City Hall, the Library grounds, the River, the Parks, and elsewhere.
As far as “drug tolerance”, the City has crippled the voter-mandated Measure K, supposedly making recreational marijuana use in private for those over 21 the lowest priority, and its rates of marijuana arrests have been rising, not falling. The closed-door City Council putsch that shut down the effective and safe Needle Exchange program on Barson St. with no public debate or announcement was an abject surrender to the hysteria of the Take Back Santa Cruz/Clean Team crowd stoking rising hysteria over the needles found in their clean-up’s (a relatively small number–400 over several months compared to the several hundred thousand picked up each year).
Instead of calling for a changed policy that moves away from the useless, costly, crime-producing, and rights-wrecking Drug War, the policy of the City Council is to throw more money at the SCPD. Instead of opening up more needle exchange sites and increasing funding and staff for clean-up’s, City Council is buying into the absurd “Just Say No” stupidity once heralded by Nancy Reagan.
Now comes Vice-Mayor Lynn Robinson leading the pack of paranoids, denouncing the Homeless (Lack of) Services Center.
HUFF has harshly and persistently criticized abuses and leadership at the HLOSC. For not providing shelter other than for a fraction of the population. For not advocating for the rights of those outside. For not protecting disabled people from arbitrary decisions by their staff. For caving to anti-homeless bigotry of neighbors with their “no impact” zones (penalizing clients for simply seeking the right to use the public spaces as members of the public rather than as cringing abjects subject to the whims of neighborhood NIMBY’s. For closing the center during the day to those who they’re supposedly paid to serve. For refusing to replace vital storage lockers. And more.
But the HLOSC does provide two meals a day (unless they exclude you), does offer a (for-pay) mail service, and does provide a pick-up point for Armory Shelter in the winter as well as providing an entry point for other programs.
Council member Don Lane (whom I call satirically Gone Lame) has long been a booster and frequent Board of Directors member of the Homeless (Lack of) Services Center at 115 Coral St. He recently was Mayor and President of the Board of the HLOSC. And Robinson’s toxic venom has upset him.
What is his response? Not a forthright “homeless people have rights and needs” statement. It wouldn’t be credible to those who closely follow his record (and many don’t, because his rhetoric is often impressive). but more to the point, he would actually have to take an unpopular stand in a city where bigotry, bullying, and police-worship is on the rise. That’s something I don’t remember his ever doing.
So instead he tells nearby businesses that it’s their job to ramp up the war against the homeless in the nearby public spaces, not the HLOSC–which–get this–just doesn’t have the money. Instead of mobilizing people who have long objected to police, merchant, and resident abuses against poor people outside, instead of championing the obvious–emergency campgrounds, public bathrooms, trash collection, and reform of the HLOSC (to make it more accessible and less a prison camp), he defends the group he’s made his turf for the last decade. He attempts to “reason” with the wretched Robinson instead of exposing her libelous anecdotes and self-righteous bigotry. In essence, he is saying that he supports the war against the homeless, but they can’t blame the HLOSC for not pursuing it vigorously enough because they don’t have the money.
Aside from being fascistic and immoral, this tries to play pattycake with same unrealistic “drive the homeless away” approach. This approach targets the wrong people and institutions. It panders to “compassionate fatigue”, “homeless enabling”, “street culture = criminal behavior” “hyperpolice/vigilanteeism = increased security” and other all to familiar misleading stereotypes. it appears with the underlying phony distinctions between “our” homeless and the “other” homeless, between “the worthy poor” and “the crazies, druggies, criminals, and bums”. The phony focus on needles, the Drug War, homeless camps, trash, are an attempt to vilify the homeless community. Wild exaggerations of conditions that conditions that exist in every city don’t lead to more safety for the community and set the stage for an intensifying witchhunt against the homeless community–something Don Lane has watched without comment or objection for the last year.
Access to food, shelter, medical care, and equal treatment is a right we need to enforce. The reactionary fantasy that these exist in abundance in Santa Cruz is ridiculous to anyone who’s ever been poor here. In so far as the HLOSC meets these needs and secures these rights, it needs to be supported. In so far as it fails, it needs to be held accountable, reformed, and/or replaced.
Thoughts on my letter to Lynn Robinson concerning the Homeless Services Center
But I have been recently awakened from my slowdown — first by the horrifying deaths of city police Detectives Baker and Butler –and then further by some of the disturbing reactions that have surfaced in the past few weeks (alongside the amazingly generous outpouring of support for our fallen officers that showed up around our community) in the form of troubling proposals to change some of the community’s policies.
One of these proposals struck me particularly hard because it went right to heart of the primary volunteer work I do, which is to support policies and programs to successfully address homelessness and homeless issues in our community.
This proposal played itself out when the local daily paper got its hands on a letter that my city council colleague, Santa Cruz Vice Mayor Lynn Robinson, wrote to the Executive Director of our local Homeless Services Center, Monica Martinez. As you will see below, her letter did not sit well with me. Though I originally saw the letter on February 27, I set it aside (in spite of my negative reaction to it) in recognition of our need to focus on mourning the deaths of Butch Baker and Elizabeth Butler. However, once the Sentinel reporter spoke to me about the letter (around March 13) and told me he was going to feature it in a newspaper story, I thought it was then appropriate to send a response to Lynn. It was also important for me to respond at that time because, that same week, Lynn also made a formal motion to cut funding for the Homeless Services Center at our city council meeting. And it lso appears that she quietly triggered a document search to see if she could find other ways to do things that I saw as undermining the work of HSC. In other words, Lynn did not just write a letter, she appeared to me to have begun a three-pronged “campaign” against HSC.
I’m sharing it here because many people communicated with me that my letter was referred to in a Sentinel article but it was not printed. They said they wanted to see it.
I don’t often send letters like the one below. It is strongly worded and takes a very firm position on the issues involved. For people who know my work in the community, they will recognize that it takes a different tone than my typical tone. I normally try to work in the middle ground of controversial local issues. Though I am not trying to fool myself into believing I am always a neutral player, I usually try to quickly move past my own views to embrace the “controversy” and try to be a voice for bringing the divided participants together. This works for me most of the time. But not always.
There are some issues that cut deeper for me and then I discover my limits. One of those issues is immigration. My only daughter, who my wife and I adopted when she was 10, was born in Mexico and brought to the United States without proper immigration documents when she was a very young child. The rest of her life story is irrelevant to this essay, but the fact that the “group” she belongs to is regularly under attack in the politcal discourse of this country makes me very sensitive on these issues. I want to seek middle ground on immigration issues but I have especially little tolerance for hateful language around immigration issues. So my public comments and actions on this issue tend to be less measured.
My journey into the issue of homeless is a bit less personal but that journey has still been long and deep. I actually got involved about 25 years ago when I was invited to help resolve a conflict between the Downtown community and the City government on one side and a group of good samaritans and political advocates on the other side who were serving a daily meal to homeless individuals in a public space Downtown. (There’s a bit more about this story in the letter below.) Suffice it to say that my mediation in this situation led to my assisting the meal-serving group to relocate away from Downtown and to a place where the meal could be served in a more orderly and safe situation.
Through that episode, I met some very caring and committed people and I started to learn more about the lives of local people living on the streets of our community. I got involved in starting the Homeless Community Resource Center and continue to this day in work that brings me into contact with homeless individuals and families and with those who work with those difficult-to-serve populations.
So the issue of homelessness is a big deal for me. I will not pretend that it is not personal after those many years of work. But its not just “personal.” It is also something I have spent a lot of time learning about and working on as a community problem in the context of being a city councilmember. It is a problem that everyone in the community recognizes. As an aside, I should note here that I encounter many people who say two things almost simultaneously that I find very puzzling. First they say something like: “Don, why do you spend so much time focusing on homelessness and not focus enough on the rest of us taxpayers who are not homeless and who have important needs, too?” Then they say: “I am so upset about all the problems homelessness and homeless people cause in our community. Why don’t you do something about it?” I’m not sure they see the contradiction but I certainly do. And so I continue to work on the issue of homelessness.
And I do it for the entire community- not just for those who are on the street. I do it because my compassion (which has oddly become a bad word among some people in Santa Cruz lately) includes concern for everyone who suffers from the existence of homelessness. That includes just about everyone. Obviously this includes people living in a variety of very difficult situations that share the label “homelessness.” And it includes compassion for housed people who have to deal with a variety of challenges including public expense, business disruption, dirtying of public spaces and a variety of things that the legal world euphemistically calls “nuisance” behavior.
The reason I “take sides” at certain moments on this issue is that I have a visceral reaction to scapegoating groups that are vulnerable and groups that do not have much political influence. Since I deal with a lot of people dealing with homelessness, I am particularly senstive when I see them under attack. This does not mean I embrace or excuse bad things that homeless individuals do. And it does not mean that I believe every homeless service program is perfect. It means that I will resist efforts to punish a group for the bad acts of particular individuals in that group. And I will resist efforst to blame people who are making the community better simply because those people are not making the community perfect. And thus I wrote the letter below…
—
Dear Lynn
Thanks for your call on Thursday night… I appreciate that you let me know about your letter to Monica Martinez. As I mentioned, I had asked Monica to forward it to me a couple of weeks ago (soon after you told me about it) and I’ve had a chance to review it quite carefully. I especially appreciated the letter’s clarity expressing your specific concerns… because our recent meeting about these issues did not get to as much specificity as I had hoped.
As I mentioned to you in our phone call, I stepped down from the Board of Directors of HSC in February. I did that in large part because I have been working on a few different projects related to homeless issues and I was spreading myself too thin, especially in combination with my City work and my other employment. I also think it’s important for the community to know that when I speak about issues of homelessness in our community, I am not speaking on behalf of HSC. My focus is moving more and more to larger policy issues and I want to work primarily in that mode.
Having said that, I want to respond to the content of your letter and acknowledge that some of my response is informed by my knowledge about the work of HSC and its neighbor agencies stemming from my past work there.
In your letter, I found it particularly notable how authoritatively you spoke about HSC. This surprised me because of your statements to me at our meeting a couple of weeks ago where you specifically told me that it has been a very long time since you’ve actually visited the homeless programs located on Coral Street. I think this fact is indicates how your strong feelings about HSC are informed more by your personal perspective as to what is going on at the Coral Street “campus” rather than on a truly thorough examination of homelessness and homeless programs in Santa Cruz.
Perhaps the most obvious example of this is your apparent assumption the Homeless Services Center organization is solely responsible for the Coral Street campus. I think you are aware but failed to acknowledge that the Coral Street campus is shared by three organizations: the County Health Department’s Homeless Persons Health Project (HPHP); the Santa Cruz Community Counseling Center’s River Street Shelter; and the Homeless Services Center. Did you know this and chose to single out HSC… or did you forget to include the other organizations in your communications about the Coral Street area? It was particularly noteworthy that your letter described how Paul from HPHP was working with one of the people you had concerns about… and then blamed Monica and HSC (an organization completely separate from HPHP) for the alleged failure of Paul to solve the problem you wish he could solve. (I should also note here that there is probably no single individual in this community who has more constructively addressed the health issues of homeless individuals than Paul, who is a public health nurse with HPHP. You could not have picked a poorer person to single out. His work is exemplary by any standard and until you’ve learned more about the work he does and tried to do the kind of work he does, you would be well-advised to steer clear of mentioning his work in the negative way that you mentioned it.)
Next, I wonder if you are aware of the functions and activities of the Homeless Persons Health Project in general. More than 100 individuals drop into HPHP on a typical day. Did you know, for instance, that if a homeless person in the Santa Cruz area is interested in receiving help with their substance abuse problems, HPHP is the most appropriate place for that person to go for assistance? Since there is no other similar drop-in program designed for homeless persons with this problem, do you have a suggestion for where these persons should be going instead? I understand that you would like these folks to go to some other place in the county for assistance but there is no other such place right now. Soon there will be a new facility for HPHP in South County (which I think we agree will be a positive thing) and there will more of the jurisdictional sharing that you seek. But there will still be many homeless IV drug users in the Santa Cruz area (until there is a sea-change in funding for treatment and a dramatic reduction in the flow of heroin and meth into this area) and they will continue to seek help at the Coral Street clinic of HPHP.
Perhaps the most alarming assumption contained in your letter is the idea that HSC is primarily responsible for every homeless person in the vicinity of Coral Street. I believe this is based on the idea that HSC staff have tried to create a no-impact zone near its Coral Street location. I believe HSC staff has worked seriously toward this within the limited resources it has… because you and others have demanded that HSC take responsibility for this. I have always supported HSC’s effort to do this even though it pulls staff resources away from their primary function of safely serving homeless persons who come to HSC itself for services. However, I have also had reservations about your demand because, though the demand came from representatives from the City, it did not come with any new dollars from any funding source including the City. In fact, HSC’s funding from the City has fallen by about $100,000 during your time on the city council and you have supported that reduction. So, in other words, you want HSC to use funds the City Council has designated for meeting the basic needs of low-income people to patrol city streets and sidewalks and other people’s private property… and you want HSC to take on that extra burden with a lot less money.
I should also note that I had reservations about HSC taking on your demand for a no impact zone because I suspected that HSC did not have the legal authority and powerful tools that would be required to make it effective… thereby setting up HSC for failure and your subsequent criticism. That suspicion was certainly borne out by your letter. And, to add insult to injury, now you have randomly expanded the zone you expect HSC to “police” to an even greater area by throwing in a business on the other side of the Highway and a Costco driveway. I dare say that your placing expectations on locations so detached from the HSC campus made what was originally a dubious demand into an unreasonable one.
Even more to the point, since the “no impact” effort began, HSC staff members have been working very closely with the SCPD to protect the safety of both clients at the Coral Street property and in immediately adjacent areas. I am not aware of any way HSC has not cooperated fully with SCPD. HSC has also worked closely with the First Alarm security staff and, again, I’m not aware of any situation where HSC has not worked cooperatively with First Alarm. I am also not aware of any action you or other city officials have taken to deputize HSC staff to enforce local nuisance behavior and drug laws. If a person outside the property of the homeless programs at Coral Street is seen violating laws, what tools have you provided HSC staff to enforce those laws? I’m pretty sure the answer is that you (and the City in general) have provided the same tool to HSC staff that you have provided to every other community resident… you have given them the phone number to call the police. HSC staff does this on a regular basis just as you have asked. HSC has also continued to deny access to its programs by people who have violated the rules of HSC. (This has been HSC’s practice since long before you got involved.)
I’d like to go a bit further with you on the question of who is responsible for all the problematic behavior that some homeless individuals are involved in around the Harvey West district and the city in general. I’ll start with a bit of history… on two separate occasions I have been approached by key people dealing with Downtown issues asking me to encourage volunteers serving meals on the streets Downtown to stop doing this Downtown. On both occasions, I was able to get those volunteer groups to re-locate their meal programs to the Coral Street facility. This was applauded by both city officials and representatives of private businesses Downtown. In other words, HSC and its partners took on an extra burden at the request of the City because it knew that THE CITY ITSELF HAD THE RESPONSIBILITY TO ADDRESS THE PROBLEMS ASSOCIATED WITH THE CONGREGATION OF HOMELESS PEOPLE IN PUBLIC LOCATIONS. That is still the case. Only City officials have the legal responsibility and authority to do this. HSC cannot walk Downtown and do anything to address problematic behavior of homeless persons. This is true in every public location in the city… the river levee, the parks, the Pogonip.
My point here (in the form of a question) is simply this: what are you, Lynn, doing to FULLY address this behavior in public spaces? I know you have tried different approaches and made some inroads but all the things you have proposed and supported have not eliminated this problematic behavior in these public places. Shall we cut funding from the Parks and Rec budget because there are still some homeless individuals perpetrating illegal and problematic behavior in Parks facilities? Shall we cut the Public Works budget because they cannot ensure that there are no homeless people gathering on their sidewalks? Shall we cut the Police budget because they have not eliminated crime among the homeless population? I think you know that we should not…and will not…make these cuts. The only question that remains unclear is this: Shall we cut our salaries because we have not eliminated problem behavior and illegal behavior in public locations entrusted to our care as City Councilmembers? I suspect the answer is “no” because we are both working pretty damned hard on a lot of difficult issues… and we don’t believe in punishing ourselves for our imperfect records… because we are still doing some good work.
I’d like to pose another question on a related topic: Have you been consistent with private property owners who have ongoing behavior problems related to homelessness? The first property that comes to mind is the rail line that runs through Harvey West and the Pogonip. Have you placed expectations on Roaring Camp and Big Trees Railway similar those placed on HSC? You specifically noted problems along the railroad tracks…yet you target HSC for responsibility when problems on the tracks have existed for decades… long before HSC existed. Is there a different standard? If so, what is the basis for that double standard? And if you do contact Roaring Camp in the future and they successfully cleared their railway property of problem behavior by nudging it to the nearby sidewalk, would you then approach them again to demand more because there is a problem NEAR their property? This seem to be how you have treated HSC… will you be taking the same approach with others?
There are properties all around Harvey West and other locations in Santa Cruz that have persistent overnight camping and gatherings of people who are behaving in ways similar to those described in your letter. Have you been putting the same pressure on these businesses and property owners to address these problems? If so, I hope you can fill me on how you are applying that same pressure. (Perhaps you could show me the letters you’ve sent them.) Of course, we all know that those property owners might try to rely on the currently favored approach of blaming HSC for everything (simply because it exists and is doing its job) and using that as an excuse for avoiding their share of responsibility. But legally, that is not how it works. If any property owner is allowing nuisance behavior to persist on his/her property, they are responsible for addressing it. HSC is meeting its responsibility by excluding people who break the rules or the law while on its property—and by calling the police as needed. That is what the City and police have expected of HSC. Now shall we penalize them for doing what we have asked?
At this point, I feel compelled to address the anecdote in your letter that demonstrates how far off the mark I think your entire message is. I refer to your recounting of the tale of the woman with prosthetic legs. Your city government, with your strong support (and my support, as well) has undertaken an ongoing program of cleaning out and removing encampments occupied by homeless individuals in and around our community. This woman was one of the homeless individuals living in that kind of situation who was displaced in one of those cleanups. So an action that you vigorously supported drove this woman into a more visible place in our community (and a more vulnerable situation). It is very troubling that you are blaming HSC because you are now seeing her out there in a visible location. The real question is what are YOU doing to help this woman who you have made more vulnerable by your actions? The answer appears to be that you are demanding that someone else deal with her—while at the same time consistently moving to reduce funding for one of the principal organizations that is trying mightily with limited resources to help her. Since you are a person of great compassion, how do you justify this?
Some of us have been working without any financial support from the City to expedite the 180-180 project in Santa Cruz. The woman with prosthetic legs has been surveyed by the 180-180 project and could possibly be housed through that project. But she won’t be housed sooner because your City (and mine) pushed her into an even more vulnerable situation. She will be housed because HSC and its partners and volunteers and supporters put together the resources – without your help – to make it possible. It is so disappointing to me that you would play the role you have played in making her more vulnerable and then expect someone else to clean up a problem you helped create.
It appears to be less than constructive that you would poke around these issues and these programs with such a lack of information and understanding. Do you really think that programs whose funding you have voted to cut should now be taking care of every needy person you see just because you make a phone call? Is this a responsible approach for an elected leader of this community? If and when the woman with prosthetic legs is housed and taken off the street safely, it will be because HSC has been working on this for months and it will happen in spite of your actions.
Your letter and your approach to these issues may end up impressing some people in the community with its “get tough” language and demands now that it seems to be coming to light. However, it will not impress many of us actually trying to help the most vulnerable and impoverished people in our community. If you want to dig in, as you said you will do in your “gardener” mode, I want to encourage you to plant some seeds of intelligent solutions rather than throwing around “enough is enough” language. Anyone in the community can express frustration and say “I’ve had it.” There are plenty of things that I can list around the community that I could say “I’ve had it” about. My view is that leaders move quickly past their frustration to identify thoughtful solutions based on good information. I know you have shown this kind of good leadership on other issues. So I’m looking forward to your thoughtful answers and suggestions that go beyond what I see right now as unfair and misdirected complaints on these Coral Street area issues.
Finally, despite the criticisms contained in this letter, I want to acknowledge how hard you are working on a range of important community safety issues. The community is definitely benefitting by much of your work. I hope you will recognize that I share your desire for a safe community. I simply cannot support particular approaches that are off-target and unfair and inadvertently play into the fear-based demands of some frustrated community members.
I respectfully request that you take the next step in your Coral Street efforts by answering the questions I raised in this letter. The questions may seem rhetorical in nature… but every one of them needs and has a real answer. I hope you will take the time to thoughtfully answer each one. In turn, I would be happy to answer any questions you have for me– to the best of my ability — about homeless issues and homeless services.
Thank you for considering my request…and for your continued service to Santa Cruz.
Don
Still Unanswered Questions for Councilmember Posner
I’m not asking you whether you agreed previously to answer these questions. I’m asking you questions as a City Councilmember who I believe has an obligation to be publicly responsive. I believe the nature of your election campaign also led supporters to believe you would be clear and direct in your answers rather than “I didn’t promise”, “I’m working on it”, “somewhere down the road”, etc.
As a Councilmember, you have the power to refer these questions to the appropriate staff and get them answered more quickly and easily (and with less staff time spent than forcing the public to go through Public Records Act requests).
To summarize the unanswered questions:
Real Change meters: How many new ones in the last year? How much money generated? How often vandalized and repaired?
From: MPosner@cityofsantacruz.com
To: rnorse3@hotmail.com
Date: Tue, 5 Mar 2013 22:48:20 -0800
Subject: Re: Delivery Status Notification (Failure)
–Forwarded Message Attachment–
From: rnorse3@hotmail.com
To: micah@peoplepowersc.org; mpleaner@gmail.com
Subject: FW: Local Civil Liberties Issues
Date: Tue, 5 Mar 2013 19:11:28 -0800I’m going to a HUFF meeting tomorrow and would like to give an update on these questions and the ones in the companion e-mail. Feel free to show up there and respond personally, or provide some written guidance.Thanks,
R
From: rnorse3@hotmail.com
To: mposner@cityofsantacruz.com
CC: huffsantacruz@yahoogroups.com; steve@santacruzhub.org
Subject: Local Civil Liberties Issues
Date: Tue, 26 Feb 2013 08:26:57 -0800Councilmember Posner:At the HUFF meeting, members asked you numerous questions. This is a follow-up to those questions and to my previous e-mails and phone calls as well as your responses. If you find the number of specific questions daunting–please indicate which of these you will prioritize. I believe they are all important and actually only don’t require extensive work on your part.
1 Have any new insulting “Imagine Real Change” meters been set up in the last year? How much money has actually been generated by these meters since they were put in? How often were they vandalized and repaired?
2. What is the response of the City Attorney to your question about whether the SCPD is being advised to respect the White v. City of Sparks decision protecting artists and writers selling their work downtown?3. Please request a staff report on police policies around homeless sweeps–i.e. whether homeless people who they accost in the middle of the night are given a legal place to go sleep. Ask for the specific instructions given to beat officers, any written documents or reports around this practice, and how much money and police time is being spent on this.Additionally please request a report on property confiscation: what the policy is, whether survival material found at camps left vacant during the day are stored or destroyed (the latter is what is being reported to me), how much property is currently in police impound or storage, and how many trucks full of homeless property have been taken to the dump for destruction–by what agency, how frequently, and at what cost?4. I’d also like to see a report on the “addresses” of those cited in the downtown core around such ordinances as the Sitting Ban, the Panhandling Ban, and the Performing/Tabling Ban (where ‘Ban” means severe restriction). This would go a distance towards indicating whether the chief targets of these laws are homeless or disabled people. The City, of course, faces legal vulnerability here, which would be a good motivator to halt such practices.
5. What is the status of your public support for Ammiano’s Homeless Bill of Rights?
6. Please ask to see the direction given SCPD officers in the downtown core regarding enforcement on MC 5.43.020 (“Move-Along Every Hour if you’re a political tabler, panhandler, artist, or performer”) & MC 9.50.012 (Sitting Ban).
7.. Are any bikes being delivered to non-profits from the SCPD, either via the Bike Dojo, the Bike Church, or any other mechanism? The response that this issue is “under discussion”–which has been the City’s line for the last year while poor people via non-profits are being denied bikes is not a helpful one. Please provide specifics regarding how many bikes have been delivered in the last six months and then passed on as was previously the case at the Bike Church.
Please clarify when and to whom you have made these information requests and send me a copy in writing of such communications.Thanks,Robert Norse