City Bicycle Distribution Issue to be Decided Next Tuesday, Jan 14

To: “Steve (!) Shnarr” <steve@santacruzhub.org>

Steve:  Your position is significantly weakened by omitting any mention of the repeated attempts you and others made to clarify why the SCPD stopped the bike distribution and under pressure from whom.  You omit mentioning that your attempts to get clear and transparent response from then-Mayor Hillary Bryant or from Assistant City Manager Tina Shull were dodged, ignored, or dismissed.   You seem to be trying (again) to “smooth things over”, “avoid antagonizing the SCPD”, and “maintaining good relations with the city staff”, but hasn’t the sweet talk approach showed how ineffective it is?   Power senses weakness and has only contempt for it.

The community and Council need to be publicly confronted with the rather bald questions: why were the distributions stopped?  why have they been held up for nearly two years?  why aren’t the responsible people held accountable?  And, most obviously, without any phony dicking around, why isn’t the original process simply restored?  Instead  we have MIcah’s face-saving (and futile) Request for Proposals nonsense–which, so far, as gone nowhere.

Folks assembled in mass half a year ago already made a plea for return of the bikes.   Half a year later–are we any closer?  Just another Council meeting.  Folks who could have had bikes–those poor folks who are the target of the City Council’s ordinance changes last year and their notorious Task Force on Public Safety (or more accurately the Task Farce Transmitting Public Hysteria).

It is my understanding that these bikes are being auctioned off in Sacramento (if they’re not dumped into a landfill)–does that confirm your information?

Please provide straight talk and straight questions to the community and Council.  You may find such candor, if followed up by other direct actions may embarrass the SCPD stonewallers into relenting and actually forestall such abuses in the future.

Robert Norse

> Date: Mon, 6 Jan 2014 13:23:07 -0800
> From: steve@santacruzhub.org
> To: various
> Subject: City Bicycle Distribution Issue to be Decided Next Tuesday, Jan 14
>
> Dear friends,
>
> Next Tuesday, January 14th the Santa Cruz City Council will decide
> whether or not to reinstate the long-standing program of distributing
> unclaimed bicycles to youth in need. Please let the Council Members
> know you think this is a valuable program! You can let them know in
> person at the meeting, or email them at
> citycouncil@cityofsantacruz.com. Currently we don’t know if this item
> will be discussed at the 3pm afternoon or 7pm evening session, but
> we’ll post details as they are available:
> http://bikechurch.santacruzhub.org/blog.html.
>
> Thanks,
>
> Steve
>
>
> Background:
>
> Every year the City ends up with hundreds of bikes which are not
> claimed and must be dealt with somehow. Because the bikes are
> generally of moderate to low quality and many are in disrepair, they
> offer little cash value to the City through auctioning. Therefore in
> 1996 the City began distributing them to youth in need, turning these
> old bikes into a valuable community resource. The distributions were
> open to any qualified nonprofit or government agency, and got out many
> hundreds of bikes to youth who otherwise might not have had the
> opportunity to own a bicycle.
>
> Although a valuable program, participation varied over the years and
> sometimes the administration felt like a drain to the SCPD, which in
> 2008 stopped distributions and began sending bikes instead to the
> landfill. At that point the nonprofit repair shop the Bike Church
> approached the City, offering to handle most of the administration of
> the program. For the next four years, the Bike Church held 16
> distributions, getting out 415 bikes through a variety of nonprofits,
> while salvaging tons of usable material from the scraps that no one
> else was able to make use of.
>
> In early 2012, the City ended this important program without any
> notification to the Bike Church or other participating groups. Bikes
> were delivered instead to a for-profit business that sold many bikes
> which previously would have gone free to youth, and which did not
> invite the former nonprofit participants to take any of the bicycles.
> The five groups that had matched up the most bikes to youth prior to
> this change—Barrios Unidos, Green Ways to School, Project Bike Trip,
> Watsonville Bike Shack, and Western Service Workers Association—all
> wrote letters to the City praising the former program and the Bike
> Church’s management of it, and asking that it be reinstated. However
> no changes were made at that time.
>
> The following summer in August 2013, acknowledging that the municipal
> code does not allow distributions through a for-profit business, the
> City suspended distributions entirely. City Manager Bernal stated at
> that time the intention to invite proposals from nonprofits to partner
> with the City in renewing the program. However due to
> behind-the-scenes pressure by some Council Members this plan was never
> moved forward, with bikes now being auctioned off for as far as we
> know the first time since 1996.
>
> Fortunately, the City Council will have the opportunity to vote on
> this matter next week, and we hope they will listen to the
> overwhelming community support for giving the bikes to youth instead
> of auctioning them off.

Santa Cruz City Council reverses restrictions on public assembly

 

Play slideshow Play slideshow Save all photos Save all photos Want to save all these photos at once? Learn how
Online pictures are available for 30 days
NOTE TO READER: HUFF member, Robert Norse, first alerted others that peaceable
assembly was likely to be cut drastically by a new City ordinance. 4 HUFF members went directly
 to the local ACLU and sought action from this largely inactive chapter. Following this
December 2nd meeting, ACLU members lobbied the City Council successfully to restore
 the restrictions as HUFF had sought. — Becky Johnson of HUFF
HUFF Photo: ACLU deliberates at Louden Nelson Ctr.
on Dec 2 2013, listens to HUFF members concerns
re: loss of public space, harassment of homeless people
by members of the SCPD, & about the limitations on
peaceable assembly.

Santa Cruz council reverses public gathering permit limit

By J.M. Brown

FOUND ONLINE HERE

Santa Cruz Sentinel

Posted:   12/10/2013 06:23:25 PM PST


SANTA CRUZ — The Santa Cruz City Council on Tuesday reversed an earlier decision to reduce the limit of public gatherings to 50 people before a city permit is required.

Five-time former mayor Mike Rotkin, speaking on behalf of the Santa Cruz County American Civil Liberties Union chapter, urged keeping the limit at 100. He said the city has not demonstrated how less than 100 participants in a rally or other event pose a public safety risk that would justify a restriction on free speech.

“Changing the threshold from 100 to 50 people would immediately impact the ability of people to organize protests at the town clock and county building steps,” he said.

Mayor Hilary Bryant and Councilmen Don Lane and Micah Posner voted in favor of keeping the number at 100 on Nov. 26 but lost on a 4-3 majority. Posner raised the issue again Tuesday during a final reading of ordinance changes governing public expression and commercial events, and council members agreed unanimously to make the reversal.

“As public assemblies get larger, almost invariably there are traffic impacts,” Posner said. “From the stand point of freedom of assembly, (traffic costs) shouldn’t trump those considerations.”

The city’s special events coordinator, Kathy Agnone, said there are several public places downtown where more than 50 participants in rallies or other events can cause traffic problems, and the proposed rule change was designed to help the city plan better. The city permit would not cost anything unless a street closure was required.

“I positively regret that this was something seen as penalizing and criminalizing folks gathering because that’s not what this is about,” Agnone said. “We are really just trying to be reasonable and streamline the process.”

Councilwoman Cynthia Mathews moved the proposed reversal as a good-will gesture, saying she hopes common sense will prevail.

BOARDWALK LOT

Tuesday, the council approved on a 6-1 vote an agreement with the Santa Cruz Seaside Co. to share in revenues generated by improvements to the Beach Boardwalk’s primary parking lot.

To ease traffic congestion on Beach Street and create more street parking during the peak summer season, the company has proposed $1 million in changes, including reconfiguring the lot to create 150 new spaces, add two entrances and establish pay stations upon exit.

Since 1984, the Boardwalk has collected a 10 percent tax for the city on its parking fees. The council agreed to return 50 percent of the tax revenue generated by the new spaces during the next 10 years not to exceed $200,000.

“We think these kinds of agreements spur economic activity,” Seaside Co. spokesman Kris Reyes told the council, echoing Economic Development Director Bonnie Lipscomb, who said the city has had to seek creative ways to form public-private parternships now that redevelopment has been eliminated.

Councilman Posner voted against the plan, saying the Boardwalk’s annual profit on the new spaces — expected to exceed $350,000 — is sufficient to recoup its own investment in the lot with a few years. He called the tax-sharing agreement “an inappropriate use of public funds.”

Vice Mayor Lynn Robinson disagreed, saying, “I understand there is a profit to be made, but there is a huge public benefit here that I see.”

The council also OK’d allowing the Tannery Arts Center to seek a property tax exemption for the performing arts theater planned for the city-owned Hide House. The council also allowed dropping “Hide House” from the name to accommodate a significant naming-rights donor.

Tuesday, the council also approved setting a public hearing for March 11 to increase wastewater rates during a four-year period. To stabilize the wastewater budget and fund capital improvements, rates are proposed to increase nearly 6 percent each year on average for single-family users for three years then 2.5 percent in the final year.

The council also commended winners of the annual Officer Jim Howes Community Service Award: police officer Ken Deeg, outgoing city arts coordinator Crystal Birns and Santa Cruz Neighbors co-founder Michael Bethke. Howes retired after 26 years as a police officer known for community engagement.

Follow Sentinel reporter J.M. Brown at Twitter.com/jmbrownreports

 

City Council Right-Wingers Next Target: Public Assembly 2 PM 10-10

 

Title: Constricting and Restricting Public Assembly Back at City Councl
START DATE: Tuesday December 10
TIME: 2:15 PM – 2:45 PM
Location Details:
Santa Cruz City Council Chambers
Exact time is uncertain, but the laws are items #14 and #15, directly after the Consent Agenda. To be safe, show up at 2 PM.
Event Type: Meeting
COUNCIL MEETS AT 2 PM
The Council will again be convening at the unusual time of 2 PM. Probably because the Coronation of incoming Mayor “Rattlesnake” Robinson (so termed because of close collusion with the anti-homeless and vicious Drug War policies of Take Over Santa Cruz.For those interested there traditionally been a post-coronation cakes-and-drinks celebration across the street in the Civic Auditorium to which the public is invited. This has been a chance to mingle with those in power and spend a little time indoors before returning to the freezing streets.

THE NEW LAWS
Agenda item #15 restrictvely rewrites the entire sections on public demonstrations for what were previously termed “Commercial and Non-commercial Events.” They have been relabeled “Public/Major Events” & “Public Gathering and Expression Events”

The staff report can be found at http://sire.cityofsantacruz.com/sirepub/cache/2/gm3nxoa24g4uqu55k4gs1zrb/382360111252013053508496.PDF .

Quite simply, the law rewrite criminalizes protests that have more than 50 participants (previously the “allowed” maximum was 100). permit requirement has now tightened apparently so that 50 rather than 100 people require a permit. Marching in the street is no longer provided for except through costly street closures. Permits must be applied for 5 days rather than 36 hours in advance.

PRIOR HISTORY
The law passed 6-1 at the First Reading and is likely to slide thru the Council swamp like shit through a goose tomorrow. I pointed out that most protests don’t seek permits—that’s the point of protests: the First Amendment is our permit.

Repressive authority from Birminghan Alabama in the 60’s the murdering generals in Egypt in 2013 have all used “permits” as a way of suppressing dissent.

I encourage indybay readers to examine this ordinance themselves. Like the Sidewalk Shrinkage ordinance severely reducing space for public performance, political tabling, panhandling, vending, and art display, this ordinance passed its first reading without police testimony that the current law has any problems.

Kathy Agnon, the Permitmeister, presented a very sunny account of the proposed new laws. She however didn’t provide any documentary evidence indicating a history (either anecdotal or otherwise) of such problems.

PUBLIC RECORDS–STILL NOT PROVIDED
My attempt to get public records was delayed by Agnon & other city staff, in spite of what I’d thought were assurances from Nydia Patino. I’d hoped to have records of permit applications and rejections for the last six months available. Accordingly, as usual, we have the staff’s arguments in favor of laws instead of any solid evidence that there’s a real problem that needs fixing. We need some more objective record beyond Agnon’s expertise and good will.

For the texts of the old and new laws, go to http://sire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=479&doctype=AGENDA and look up agenda item #12. You can also view the video of public testimony and Council discussion there.

The texts of the proposed Public Assembly-restricting new laws is also available at http://sire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=482&doctype=AGENDA without the clarification of what’s being changed.

If you value your right to publicly assemble and march in any cause, this ordinance should have a big red warning light attached to it, considering the make-up of the Council.

GLOOMY PROSPECTS AHEAD
The likely next mayor (Lynn Robinson), and the past record of this Council and the City Manager in cutting back public space, public assembly, and public accessibility suggests empowering the police in unhealthy ways—even against smaller gatherings, to say nothing of the DIY New Year’s Parade coming up in several weeks.

Considering the phony hysteria generated around “public safety” that is likely to be front and center on “Rattlesnake” Robinson’s January agenda, further restrictions on the right to gather to demand redress of grievances is the last thing we want right now.

MORE OF THE SAME PSUEDO-PUBLIC SAFETY
The parallel with the recent ordinance changes constricting street performance and art is instructive. The hypocrisy and special interest nature of the “display device” ordinance was obvious then and has become more obvious since.

Obstructive commercial signs have sprouted on the Pacific Avenue sidewalks in spite of the balleyhooed “trip and fall” pretext used to criminalize laying out a blanket.

This “danger” as well as the Robinson-Comstock-Mathews “upscale aesthetics’ concerns also prompted the constriction of tabling, vending, and performance space, and the expansion of “forbidden zones” now encroaching on 95% of the sidewalks downtown for non-merchant activity.

HARASSMENT REPLACING TICKETING
But probably many have noticed that most every performer, vendor, even political tabler down there is in violation of the letter of the law as passed on September 24th—as pointed out in a recent Santa Cruz Weekly article.

Hosts and police have given out few if any citations, but harassment has stepped up. Some cops are now claiming that craftspeople are allowed to display their jewelry/art for donation only 6 times a year and must thereafter get a business license..

So may it be with this “Parade Permit” ordinance–last hauled out notoriously to ticket Whitney Wilde, Curtis Reliford, and Wes Modes for “walking in a parade without a permit” on a DIY New Years event 3-4 years ago.

I have been in at least several dozen marches down Pacific Avenue in the last few decades, probably more, and none of them had a permit. Nor were there citations, arrests, and/or prosecutions to my knowledge. But enabling police, the city attorney, and compliant bureaucrats with restrictive laws is not a good idea.

Defending the traditional freedoms Santa Cruz peaceful protesters have enjoyed ultimately requires exercising them. For the first time “political signs” were “allowed” in the Xmas parade last Saturday (though I’ve always ignored such clearly unconstitutional restrictions).

The ordinance coming up tomorrow on the afternoon agenda empowers more repression and makes spontaneous protest more risky, They need to be sent back for a public process of discussion–with those directly affected and with the public at large.

Earlier info on the first reading at http://www.indybay.org/newsitems/2013/11/25/18746832.php

Confront Task Farce Hysteria Tuesday

 

Title: Confront Task Farce Hysteria Against the Homeless
START DATE: Tuesday December 03
TIME: 6:30 PM – 8:30 PM
Location Details:
Outside City Hall Chambers in Santa Cruz 809 Center St.
Event Type: Protest
Contact Name Robert Norse
Email Address rnorse3 [at] hotmail.com
Phone Number 831-423-4833
Address 309 Cedar PMB #14B Santa Cruz, CA 95060
There have been six months of largely closed-to-public-comment “hearings” by this group personally chosen without public input or homeless representation by Mayor Hillary Bryant in response to pressure from homeless-hostile groups: Ken Collins’ Clean-‘Em-Out Team, Pamela Comstock’s Take Over Santa Cruz, and Lynn Robinson’s Santa Cruz NIMBY Neighbors.

A pre-selected group with a pre-fabricated agenda has kidnapped the label of “Public Safety” to demonize homeless illegal drug users and homeless people generally.

Now their “investigation” and “research” with the usual conclusions of more police, harsher jail time for life-sustaining behavior like survival camping, and amped up Drug Prohibition is ready for ratification by incoming Mayor-to-be Lynn Robinson and her cabal of frightened or complacent politicians.

Speaking truth to this dank den may not be the most pleasant task, but the community needs to hear it.

Bring sleeping bags, signs, musical instruments, friends, and warm blankets.

Hot vegan food will be provided by JumboGumbo Joe Schultz.

We will have a speak-out to decide on next steps to address the callous crackdown and upcoming freezing winter weather.

Subsequent actions later that night will be decided then.

Sleeping or covering up with blankets is a crime in Santa Cruz after 11 PM.

It is illegal to be on the grounds of City Hall with a protest sign after City Council closes its meeting.

There is shelter each night for less than 5% of the City’s unhoused population.

These facts tell the tale.

Strike Back at Task Farce Terrorism Tuesday 12-3; PROTEST AT 6:30 PM

The latest chapter in the City’s crackdown on homeless people will be played out Tuesday night at City Hall in the 7 PM Special Session of City Council.


The ratification of the wretched Task Force for Anti-Homeless Hysteria recommendations come up shortly at City Hall (809 Center St.).

Recommendations include increased penalties for life-sustaining behavior, more funding to homeless-harassing police and security, pressure on the courts to “crack down”, a ramp-ed up “War on Drugs”…and more!

Steve Schnaar’s critique of the recommendations (and links to the recommendations themselves) is at https://www.indybay.org/newsitems/2013/11/26/18746864.php?show_comments=1#18747067  .

My response is at https://www.indybay.org/newsitems/2013/11/30/18747066.php .

Prepare for a long cold winter. 

PROTEST AT CITY HALL WITH JOE SCHULTZ’s  JUMBOGUMBO!  6:30 PM ! 

Return of the Food Wars: L.A. NIMBY’s and Gentrification Lords Move to Starve Out Homeless

NOTES BY NORSE:  Santa Cruz food activists, even once-a-week religious groups like that of Pastor Ron’s on Thursday afternoon in front of Forever Twenty-One on Pacific Avenue, have experienced direct pressure from “ban the bums” bureaucrats like Julie Hendee, the City staff succubus who gave us the anti-performer sidewalk shrinking laws.  On October 24th, she scolded and pressured Ron’s street church to eliminate their weekly meal, complaining that its participants left litter in spite of the clean-up efforts of the group.  Ron replied that the sidewalk was the only location his church-without-a-building had.

               The right to serve free food outside has been a struggle in Santa Cruz, ever since Holy Cross’s Peter Carota’s efforts in the Beach Flats in the early 80’s.   Dozens were arrested in the early 90’s for feeding folks at the Town Clock, though the persistence of groups like SWAP (Soup Without a Permit), SLOP (Soup Lovers Outdoor Picnics), and Food Not Bombs ultimately exhausted authorities who tried arrests, injunctions, prosecutions, and jail terms unsuccessfully.  Direct Action got the goods and kept them.  Homeless activism actually created the twice-daily meals out at 115 Coral St.
Will Mayor Lynn Robinson (when she enters office in December) return to the repression that is scarring other cities in the country?   Already the City Council is moving today to implement a harsher Public Assembly bill, requiring permits for marches, with a longer advance time (5 days)  than the Egyptian military regime has recently proposed (3 days). Moving swiftly to “investigate” the imaginary crime of “homeless scavenging”.   City Council meets today at 2 PM to consider this new series of restrictions on Public Assembly  at City Hall.
Robinson’s Revanchists will soon move to rubberstamp the patently phony “Public Safety” recommendations of outgoing Mayor Hillary Bryant’s hand-picked hoedown of homeless haters which defines people sleeping outside as a “crime wave”.   (See the Sentinel’s front-page smear job at http://www.santacruzsentinel.com/santacruz/ci_24587717/public-safety-task-force-armed-solutions-santa-cruz )
The seminal PeaceCamp2010 protests that provided a homeless encampment for a month in front of the courthouse and then a further 2 month protest  in front of City Hall, prompted City Manager-for-Life Martin Bernal, then-Mayor Coonerty, police Chief Vogel, & Parks and Recreation Czarina Dannettee Shoemaker to impose–with no public discussion or vote–nighttime curfews around the library, city hall, and the police station to deal with the protest/homeless menace.
A year later in  October 2011, the strong Occupy Santa Cruz protests  gave homeless people the shelter and community in the San Lorenzo Encampment that the pathetic Homeless (Lack  of) Services Center could not/  City police responded with military-style violence destroying the encampment on December 8, 2011 and the County with a dusk to dawn (7 PM to 7 AM) curfew around the county building and courthouse with one man given a 2 year sentence for challenging it peacefully with a sign (Gary Johnson–see https://www.indybay.org/newsitems/2012/08/23/18720157.php ).
Food Not Bombs soupslinger Keith McHenry has reported on an upsurge of food fascism throughout the country (seehttp://blog.foodnotbombs.net/effort-to-hide-the-hungry-continues-across-the-united-states/).  Food Not Bombs Santa Cruz continues to provide its weekly spread 4 PM Saturdays in front of the Main Post office in spite of threats from the “Punish-the-Poor” postmaster there.   But Santa Cruz soupsippers need to ready their ladles to ready for a local food fight  as the Take-Back-Santa-Cruz faction entrenches its power in December and moves on with its campaign to rebrand homeless locals, hippie travelers, & visible poor people of all kinds as criminals and sub-humans in an attempt to mobilize community fears against them.

As Homeless Line Up for Food, Los Angeles Weighs Restrictions

NYT  November 25 2013

LOS ANGELES — They began showing up at dusk last week, wandering the streets, slumped in wheelchairs and sitting on sidewalks, paper plates perched on their knees. By 6:30 p.m., more than 100 homeless people had lined up at a barren corner in Hollywood, drawn by free meals handed out from the back of a truck every night by volunteers.

Monica Almeida/The New York Times

The Greater West Hollywood Food Coalition has been serving free meals to the homeless in Los Angeles every night for more than 25 years.

But these days, 27 years after the Greater West Hollywood Food Coalition began feeding people in a county that has one of the worst homeless problems in the nation, the charity is under fire, a flashpoint in the national debate over the homeless and the programs that serve them.

 

Facing an uproar from homeowners, two members of the Los Angeles City Council have called for the city to follow the lead of dozens of other communities and ban the feeding of homeless people in public spaces.

 

“If you give out free food on the street with no other services to deal with the collateral damage, you get hundreds of people beginning to squat,” said Alexander Polinsky, an actor who lives two blocks from the bread line. “They are living in my bushes and they are living in my next door neighbor’s crawl spaces. We have a neighborhood which now seems like a mental ward.”

 

Should Los Angeles enact such an ordinance, it would join a roster of more than 30 cities, including Philadelphia, Raleigh, N.C., Seattle and Orlando, Fla., that have adopted or debated some form of legislation intended to restrict the public feeding of the homeless, according to the National Coalition of the Homeless.

 

“Dozens of cities in recent years,” said Jerry Jones, the coalition’s executive director. “It’s a common but misguided tactic to drive homeless people out of downtown areas.”

 

“This is an attempt to make difficult problems disappear,” he said, adding, “It’s both callous and ineffective.”

 

The notion that Los Angeles might join this roster is striking given the breadth of the problem here. Encampments of homeless can be found from downtown to West Hollywood, from the streets of Brentwood to the beaches of Venice. The situation that has stirred no small amount of frustration and embarrassment among civic leaders, now amplified by fears of the hungry and mostly homeless people, who have come to count on these meals.

 

“They are helping human beings,” said Debra Morris, seated in a wheelchair as she ate the evening’s offering of pasta with tomato sauce. “I can barely pay my own rent.”

 

There are now about 53,800 homeless people in Los Angeles County, according to the 2013 Annual Homeless Assessment Report released by the Department of Housing and Urban Development last week, a 27 percent increase over last year. Only New York had a higher homeless population.

 

The problem is particularly severe here because of the temperate climate that makes it easier to live outdoors, cuts in federal spending on the homeless, and a court-ordered effort by California to shrink its prison population, said Mike Arnold, the executive director of the Los Angeles Homeless Services Authority, an agency created by the city and county in 1993.

 

All told, about $82 million in government funds is spent each year on helping homeless here, Mr. Arnold said.


Tom LaBonge, one of the two City Council members who introduced the resolution (the other, also a Democrat, was Mitch O’Farrell), said food lines should be moved indoors, out of consideration to the homeless and neighborhoods. “There are well-intentioned people on both sides,” Mr. LaBonge said.

 

But, he added: “This has overwhelmed what is a residential neighborhood. When dinner is served, everybody comes and it’s kind of a free-for-all.”

 

Ted Landreth, the founder of the food coalition, said his group had fought back community opposition before — it moved to this corner after being ordered out of Plummer Park in West Hollywood in 1990 because of similar complaints — and would do so again.

“The people who want to get rid of us see dollar signs, property values, ahead of pretty much everything else,” he said.

 

”We have stood our ground,” he added. “We are not breaking any law.”

 

Communities that have sought to implement feeding restriction laws have faced strong resistance. In Philadelphia, advocates for the homeless won an injunction in federal court blocking a law there that would have banned food lines in public parks. Even before the court action, religious groups had moved in and began setting up indoor food lines.

 

In many ways the agonies of the national battle over dealing with homelessness are etched into this four-block-square section of Hollywood, where industrial buildings, including the Cemex cement factory, film production facilities and the stately former headquarters of Howard Hughes’s enterprises, sit two blocks up North Sycamore Avenue away from a middle-class neighborhood of Spanish Mission homes. Construction in the area is bustling, reflecting the gentrification that is taking place across this city.

 

The coalition’s truck, a Grumman Kurbmaster, arrives every night at 6:15, drawing as many as 200 people from across the region.

 

The other night, men and women lined up for firsts and, if desired, seconds. Some were quiet and grateful, and a few were loud and agitated. “You all right?” Mr. Landreth asked one man who was shouting to himself.

Just up the street, 75 people filled a living room, anxiously exchanging stories about what many described as a neighborhood under siege, and demanding help from local officials.

 

“You guys have had your fill here — we know that,” Officer Dave Cordova of the Los Angeles Police Department told them. “And the food coalition doesn’t help. Where do all these guys go after they get something to eat?”

 

Peter Nichols, the founder of the Melrose Action Neighborhood Watch, which helped organize the meeting, said there has been a steady increase in complaints about petty crime, loitering, public defecation and people sleeping on sidewalks.

 

“While it sounds good in concept — I’m going to pull up to a curb, I’m going to feed people, I’m going to clean up and I’m going to leave — well, there are not restrooms,” he said. “Can these people get a place to sleep? To clean up? We want there to be after-care provided every day they do the program. But they don’t and they can’t.”

 

What Mr. Landreth described as the most serious threat in its existence — a powerful combination of opposition from homeowners, businesses and city officials — is stirring deep concern among the people who come here to eat most nights.

 

“I know because of the long lines, a lot of times we have trouble and confusion,” said Emerson Tenner, 46, as he waited for a meal. “But there are people here who really need this. A few people act a little crazy. Don’t mess it up for everyone else.”

 

Aaron Lewis, who said he makes his home on the sidewalk by a 7-Eleven on Sunset Boulevard, chalked up opposition to what he described as rising callousness to people in need.

 

“That’s how it is everywhere,” Mr. Lewis said. “People here — it’s their only way to eat. The community doesn’t help us eat.”

Correction: City Council Meeting is at 2 PM not 3 PM Today

Oops–sorry about the error.  Those who want to speak against the Public Assembly Permit bill need to show at 2 PM rather than 3 PM (though the actual agenda item time is still uncertain).


New Public Assembly Restrictions Up For Initial Vote Tuesday 11-26 at City Council
by Robert Norse
Monday Nov 25th, 2013 10:47 PM

I’ve not had time to look at it carefully, but agenda item #12 rewrites the entire sections on public demonstrations for commercial and non-commercial events. The staff report can be found at http://sire.cityofsantacruz.com/sirepub/cache/2/gm3nxoa24g4uqu55k4gs1zrb/382360111252013053508496.PDF . I hope to take a longer look later, but the one thing I do notice is that the permit requirement has now tightened apparently so that 50 rather than 100 people require a permit. Additionally marching in the street is no longer provided for except through costly street closures, and permit now have to be applied for 5 days rather than 36 hours in advance. –Not that anyone seeks permits for Santa Cruz protests.

I encourage indybay readers to examine this ordinance themselves. Like the Sidewalk Shrinkage ordinance severely reducing space for public performance, political tabling, panhandling, vending, and art display, this ordinance has come with no advance notice and is likely to be rubberstamped at tomorrow’s afternoon session. For the texts of the old and new laws, go to http://sire.cityofsantacruz.com/sirepub/cache/2/gm3nxoa24g4uqu55k4gs1zrb/382360111252013053508496.PDF and look up agenda item #12.

If you value your right to publicly assemble and march in any cause, this ordinance should have a big red warning light attached to it, considering the make-up of the Council, the likely next mayor (Lynn Robinson), and the past record of this Council and the City Manager in cutting back public space, public assembly, and public accessibility.

It also may be overshadowed by the evening’s Water Solutions hearing and next City Council meeting’s Task Force Report consideration as well as the dreaded appointment of Lynn Robinson as Mayor.

The ordinance also needs to be contrasted with the Commercial Events permit.

The parallel with the recent ordinance changes throttling of street performance and art is instructive. The hypocrisy and special interest nature of the “display device” ordinance was obvious then and has become more obvious since. Obstructive commercial signs now litter the Pacific Avenue sidewalks in spite of the alleged “trip and fall” hazard. This “danger” as well as the Robinson-Comstock-Mathews “upscale aesthetics’ concerns prompted the banning of blankets on the sidewalk, the constriction of tabling, vending, and performance space, and the expansion of “forbidden zones” now encroaching on 95% of the sidewalks downtown for non-merchant activity.

But probably many have noticed that almost every performer, vendor, even political tabler down there is in violation of the letter of the law as passed on September 24th. Hosts and police have given out few if any citations. When I visited Pacific Avenue tonight there was a group of 12 traveling musicians and young folks sitting in a circle next to the Cafe Capesino kiosk playing music for donation, taking up 5 to 10 times the amount of allowed space (but, of course, blocking no one).

So may it be with this “Parade Permit” ordinance–last hauled out notoriously to ticket Whitney Wilde, Curtis Reliford, and Wes Modes for “walking in a parade without a permit” on a DIY New Years event 3-4 years ago. I have been in at least several dozen marches down Pacific Avenue in the last few decades, probably more, and none of them had a permit.

However mischievous laws in the hands of Mayor Robionson’s police instructed to be “tough” may take a different course. Police and politicians may move to punish those exercising the traditional freedoms Santa Cruz peaceful protesters have enjoyed.

The ordinance coming up tomorrow on the afternoon agenda empowers them to do so and makes spontaneous protest significantly more difficult.

by Robert Norse

Monday Nov 25th, 2013 10:49 PM

The item is on the afternoon agenda which begins at 3 PM. It is likely to come up between 3 and 4 PM.

Tightening the Noose on Public Assembly: Santa Cruz City Council’s New Law 3 PM 11-26-13

New Public Assembly Restrictions Up For Initial Vote Tuesday 11-26 at City Council

by Robert Norse
Monday Nov 25th, 2013 10:47 PM

I’ve not had time to look at it carefully, but agenda item #12 rewrites the entire sections on public demonstrations for commercial and non-commercial events. The staff report can be found at http://sire.cityofsantacruz.com/sirepub/cache/2/gm3nxoa24g4uqu55k4gs1zrb/382360111252013053508496.PDF . I hope to take a longer look later, but the one thing I do notice is that the permit requirement has now tightened apparently so that 50 rather than 100 people require a permit. Additionally marching in the street is no longer provided for except through costly street closures, and permit now have to be applied for 5 days rather than 36 hours in advance. –Not that anyone seeks permits for Santa Cruz protests.

I encourage indybay readers to examine this ordinance themselves. Like the Sidewalk Shrinkage ordinance severely reducing space for public performance, political tabling, panhandling, vending, and art display, this ordinance has come with no advance notice and is likely to be rubberstamped at tomorrow’s afternoon session. For the texts of the old and new laws, go to http://sire.cityofsantacruz.com/sirepub/cache/2/gm3nxoa24g4uqu55k4gs1zrb/382360111252013053508496.PDF and look up agenda item #12.

If you value your right to publicly assemble and march in any cause, this ordinance should have a big red warning light attached to it, considering the make-up of the Council, the likely next mayor (Lynn Robinson), and the past record of this Council and the City Manager in cutting back public space, public assembly, and public accessibility.

It also may be overshadowed by the evening’s Water Solutions hearing and next City Council meeting’s Task Force Report consideration as well as the dreaded appointment of Lynn Robinson as Mayor.

The ordinance also needs to be contrasted with the Commercial Events permit.

The parallel with the recent ordinance changes throttling of street performance and art is instructive. The hypocrisy and special interest nature of the “display device” ordinance was obvious then and has become more obvious since. Obstructive commercial signs now litter the Pacific Avenue sidewalks in spite of the alleged “trip and fall” hazard. This “danger” as well as the Robinson-Comstock-Mathews “upscale aesthetics’ concerns prompted the banning of blankets on the sidewalk, the constriction of tabling, vending, and performance space, and the expansion of “forbidden zones” now encroaching on 95% of the sidewalks downtown for non-merchant activity.

But probably many have noticed that almost every performer, vendor, even political tabler down there is in violation of the letter of the law as passed on September 24th. Hosts and police have given out few if any citations. When I visited Pacific Avenue tonight there was a group of 12 traveling musicians and young folks sitting in a circle next to the Cafe Capesino kiosk playing music for donation, taking up 5 to 10 times the amount of allowed space (but, of course, blocking no one).

So may it be with this “Parade Permit” ordinance–last hauled out notoriously to ticket Whitney Wilde, Curtis Reliford, and Wes Modes for “walking in a parade without a permit” on a DIY New Years event 3-4 years ago. I have been in at least several dozen marches down Pacific Avenue in the last few decades, probably more, and none of them had a permit.

However mischievous laws in the hands of Mayor Robionson’s police instructed to be “tough” may take a different course. Police and politicians may move to punish those exercising the traditional freedoms Santa Cruz peaceful protesters have enjoyed.

The ordinance coming up tomorrow on the afternoon agenda empowers them to do so and makes spontaneous protest significantly more difficult.

by Robert Norse

Monday Nov 25th, 2013 10:49 PM

The item is on the afternoon agenda which begins at 3 PM. It is likely to come up between 3 and 4 PM.

Questions for a Councilmember

Micah (Posner):   Following up on the HUFF meeting of several weeks ago, I’ll attempt to briefly summarize what I’m now seeking–either clarification or action–from you on the issues raised there and earlier.  Please do it briefly and in writing.  If you feel unable to do so because of “tactical” or other concerns, please contact me by phone.  I also include some of the prior e-mail for reference.  Again, short answers are fine.  And I’d be happy to meet with you if you need clarification or elaboration.

1.  Forward to Vogel a request for an update on Vasquez’s sidewalk smash of Richard Hardy (http://www.santacruz.com/news/2013/04/30/police_video_goes_viralwith the video itself referenced in the comments that follow).  If you’ve done this, when did you do it?  If you won’t do it, why not?2.   As I understand it, at the HUFF meeting 3 weeks ago, you committed yourself to making sure that any member of the public got 2 minutes to speak on each individual Consent Agenda item–whether by pulling it yourself or some other means.  Am I correct here?  Our previous dialogue:    Is it still your position that 2 minutes is adequate public comment time for 6-30 items on the Consent Agenda that are supposed to receive a Public Hearing at the request of the public or city council?  Your response:  I think that the public should be able to speak ONCE for two minutes on each consent item that they are concerned with. I believe that this is how Mayor Bryant has been holding the meeting.   BUT THAT IS NOT THE POSITION OF THE MAYOR OR YOU AT THE LAST FEW COUNCIL MEETINGS.  RATHER YOU CAN TALK FOR TWO MINUTES ON A TOTAL OF ALL THE ITEMS AS A GROUP NOT ON EACH ONE.  AND YOU MUST COMBINE THAT WITH YOUR EXPLANATION OF WHY YOU WANT ANY OF THESE ITEMS PULLED  AND YOU MUST BE CAREFUL NOT TO SAY ANYTHING OF SUBSTANCE ON THE ITEM THAT ACTUALLY DOES GET PULLED OR YOU WON’T BE ALLOWED TO SPEAK AT THE PUBLIC HEARING–AS GUARANTEED BY THE BROWN ACT.   ARE YOU CLEAR ON THIS? Do you still support Bryant’s position claiming that you will still not be able to speak on any particular item even if you’ve successfully coaxed a council member to remove it from the agenda because you’ll then “have had your comment time?”  What if you want to speak on several Consent agenda items?  Then the time you’ve spent “persuading” a Council member to “allow” a Public Hearing on one item will leave little time to address any other item essentially violating the spirit if not the letter of the Open Meetings (Brown) Act?  I THINK YOU’VE AGREED THAT 2 MINUTES IS NOT ENOUGH TO SPEAK ON 15 ITEMS (OR EVEN A SUBSET OF THEM).  WHAT ARE YOU WILLING TO DO TO BACK UP THIS UNDERSTANDING?

3.   Have you followed up on your commitment to attend an ACLU meeting and/or letter them specifically urging them to publicly oppose the cutbacks on space for street performers, vendors, and artists recently passed by City Council over your and Lane’s objections?  Will you be doing so?  (It’s actually probably equally if not more important to request a statement supporting homeless survival rights and opposing police sweeps when there is no alternate shelter being offered–are you willing to do this?).  My previous comment is still apt:  If you are really interested in putting some energy into public education here, I believe it would ultimately encourage allies and challenge the level of hatred (and merchant discrimination) against homeless people.   I’d suggest public statements as well as public appearances at the ACLU Board and other organizations, seeking to enlist their aid and buck up their spaghetti  spines.   Useless as these groups have generally been locally, they seem like political animals who perk up at the appearance of a public official.  It also might make up in some degree (in their eyes) for your sell-out on the Cowell Beach issue  (I believe the harsh term is accurate).  Your response: That’s a great idea but is a better role for activists then elected. That’s partly what I learned by encouraging the ACLU prior to the Council Meeting.   TO REPEAT–THE CLOWNS AT THE ACLU BOARD, SCCCPL, NAACP, DON’T RESPOND TO ACTIVISTS.  BUT POLITICAL CLIMBERS AND POWER-WORSHIPERS THAT THEY ARE, THEY DO RESPOND TO VISITS FROM POLITICIANS. YOUR PROPOSAL TO SEND THE SIDEWALK-SHRINKAGE ORDINANCE AMENDMENTS TO THE ARTS COMMISSION IS A NICE TACTIC; USE IT IF YOU NEED TO REASSURE YOURSELF YOU CAN RAISE THE ISSUE PERSONALLY AND PUBLICLY WITH THE ACLU & OTHER GROUPS, BUT GO IN PERSON OR SEND WRITTEN LETTERS.

4.   I appreciate the additional info about the segregated costly Levee portapotty (i.e. potential plumbing).  I’d still like some insight into who is pushing this in the staff rather than the much more reasonable and dignified alternatie of keeping open the San Lorenzo Park bathroom, say?  Hence my request about who you talked to, when, their responses, any written communications, etc.  Hence my inquiry to you in late October:  “THE STAFF” IS NOT A HELPFUL REPLY.  ACCOUNTABILITY IS THE QUESTION HERE.  WHY WAS THE OBVIOUS KEEPING BATHROOMS THAT ALREADY EXIST OPEN AT NIGHT REJECTED?  WAS IT EVEN CONSIDERED?  I REPEAT THE QUESTION BECAUSE YOU HAVEN’T ANSWERED IT.

5.   What’s the follow-up on your request to Barisone re:  Sparks v. White?  Specifically–has Barisone responded–in writing?  If not, please renew the request–it’s likely to be helpful in court and in dealing with cops on the street.   It is my feeling that his vindictive response to finding street art and culture constitutionally protected from the “no price tags” nonsense being pushed by the police were these bogus time-place-manner restrictions that essentially constrict-to-death street performing, vending, art, and tabling downtown.  Do you have any indication around this either way?
        You replied:  I will follow up, however, the issue doesn’t seem very timely to me.
FOR ANY ARTIST TRYING TO DISPLAY HIS WORK IN A 3 1/2′ x 3 1/2′ SPACE IT’S OBVIOUSLY VERY IMPORTANT.  THEY CAN PRESENT THAT OPINION IN COURT WHEN THEY’RE HARASSED.   When did you follow-up on the Barisone request?6.   You may ignore the internal conservative pressures  that  shut down the 5 Krohn Krappers a decade ago, but I suspect we’ll hear the same crap soon about your costly portapotty “solution”.   Or we’ll find the same two-tier “homeless get surveilled; middle-class people get privacy” that is now the case in the Locust St. Parking Structure.   I suggest you head this off by getting the real records of real police concerns.   Otherwise you may find yourself swept up in a Council response to mob myths fearprompted by TBSC et. al.   This is a repeated request.   Please review  the requests in bold below and forward those questions to staff.  They are currently claiming to “have no records”.  Which frankly strikes me as steaming horseshit without benefit of portapotty.
You replied:  I don’t see what happened in the past is relevant. We will soon open the bathroom and I will be very careful about reported “problems”.  With regard to privacy issue, these didn’t seem very important to the homeless at a well attended HUFF meeting several months ago.
  HOW WILL YOUR “CARE” WITH PROBLEMS MANIFEST ITSELF?    IF THE PORTAPOTTIES WERE CLOSED IN THE PAST BY AESTHETIC PRIMADONNAS LIKE MATHEWS & ROBINSON OR THEIR STAFF ALLIES, THEN IT’S LIKELY TO HAPPEN AGAIN.  ALL THIS IS USUALLY DONE WITHOUT POLICE STATS (AS THE ORDINANCES WERE PASSED–NOR DID YOU OR ANY OTHER COUNCIL MEMBER DEMAND THEM).  IT’S NOT A “BATHROOM”, BUT A PORTAPOTTY, BY THE WAY, SO LET’S NOT TRY TO SELL SHIT BY ANOTHER LABEL.

7.  Dan Madison reports being banned from Verve for backpacks/homeless appearance.  Similar stories are coming out of New Leaf and Lulu Carpenter’s as well as the  Coffee Roasting Company.  What’s the result of your inquiry to the Roasting Company?
      You replied:  I’m having a hard time getting ahold of the owner of the Roasting Company. It changed hands several years ago from a well known local to some guy in Watsonville and the staff gave me a bum phone number for him. Could a HUFFster work on finding the contact info for the owner? If not, I will keep it on my long to do list.   A LETTER TO THE DOWNTOWN ASSOCIATION WOULD BE HELPFUL HERE ASKING THEM TO CLARIFY THEY DON’T SUPPORT POLICIES THAT DISCRIMINATE AGAINST THE HOMELESS.  Yes?8. The request you ignored seeking specific written response from P & R and the SCPD regarding the requirements, advance notice time, specific limits, costs, & appeal processes regarding Special Permits and Amplified Sound permits.  You responded:  I’ll work on this.   I did  the work and the “info” such as it is, is at  https://www.indybay.org/newsitems/2013/11/09/18746169.php?show_comments=1#18746356    PLEASE KEEP A RECORD OF REQUESTS TO STAFF, TO WHOM THEY WERE SENT, WHEN, AND THE REPLIES RECEIVED–SINCE STAFF ARE THE REAL RULERS OF THE CITY UNDER KING BERNAL.  WE WILL AT LEAST THEN HAVE A PAPER RECORD OF WHAT’S (NOT) HAPPENING. I REMIND YOU THAT YOU HAVE AN INTERN THROUGH WHICH MANY OF THESE ACTIONS CAN BE FUNNELED.

9. What is the status of the police-napped bikes?  Are they still being held hostage by city staff and the SCPD (with the help of the Bike Dojo)?  I don’t want to hear you’re “working on it”, please.   We’ve heard that for a year and a half now.   Please specify recent meetings, timetables, claims, and responsible parties.   You replied: I’m looking into this.   AGAIN…MEANING WHAT?  SPECIFICALLY?  PLEASE SEND ME A SUMMARY OF THE NUMBER OF TIMES YOU’VE MET WITH THE BIKENAPPERS AND THEIR STAFF PALS, WHEN THESE MEETINGS HAPPENED, WHAT PROMISES WERE MADE, AND WHETHER THE PROMISES WERE FULFILLED. REMEMBER–YOU’RE THERE TO SERVE THE COMMUNITY, NOT TO GREASE THE SOFT PARTS OF THE STAFF.   POOR PEOPLE ARE GOING WITHOUT BIKES BECAUSE OF YOUR “CONCERN” FOR STAFF SENSIBILITIES.  STAFF STONEWALLING ON THIS BIKE BULLSHIT  WE’VE PUT UP WITH FOR NEARLY TWO YEARS NOW.   LET US KNOW THE DATE SENT AND THE PERSON TO WHOM THE MEMO WAS SENT.  PLEASE PROVIDE A LIST OF ALL COMMUNICATIONS TO AND FROM STAFF ON THIS ISSUE IN THE LAST YEAR AND A HALF, AND PARTICULARLY IN THE LAST SIX MONTHS.


10.  You might want to consider that your complaissance with staff (the constant strokings you do as they mendaciously remove everyone’s rights using the phony Public Safety mythology are embarrassing and repugnant).  I refer to the earlier issues the Parks and Recreation blank check 24-hour stay-away-or-face-a-year-in-jail ordinance, the median law, Cowell’s Beach closure, the bucks-for-baloney “Security” gate out at the H(LO)SC.  You replied:   I consider it all the time.   AND YOU ARE TO BE COMMENDED FOR ACTUALLY RAISING THE ISSUE SHARPLY FOR THE FIRST TIME–IN THE CONTEXT OF THE LATEST SCAVENGING “INVESTIGATION” SCAM AT LAST COUNCIL MEETING.  EVERY TIME YOU CHALLENGE THIS MYTHOLOGY WITH A REQUEST/DEMAND FOR STATS, THE MORE SHAKY THEIR HOUSE OF CARDS BECOMES.  SEE ITEM xxX BELOW.

11.  I have no written response from you on CruzioWorks discrimination against Dan Madison and his son Gryphon, which I requested you seek info from.  Didn’t you agree to look into that–as a private party if not as a Council person?  What have you learned?  You replied: I’m not at all convinced that Cruzio was discriminating against the Madisons based on their housing status and don’t intend to get involved.   YOU BASE THIS ON WHAT?  YESTERDAY AT CAFE BRASIL I SPOKE WITH A CRUZIO CLIENT WHO WORKED NEXT TO MADISON FOR SEVERAL HOURS AFTER HE’D PAID HIS $300; THIS GUY WAS BAFFLED WHEN THE MANAGEMENT CAME IN AND BOOTED MADISON OUT WITHOUT EXPLANATION.  WHAT HAS LED YOU TO ABANDON THIS ISSUE?
12.  Any sign of restored Needle Exchange in the City?  Please forward me a map of where Sharps Containers are available.  You replied:  Staff is working on a Sharps Container in the new bathroom. This is a good effort as it gets them in the business of figuring out how to do Sharps Containers and could be used for other locations. With regard to Needle Exchange, the Council here’s a lot more about getting rid of needle exchange at Emeline rather than the converse.   I REPEAT PLEASE FORWARD ME A MAP OF WHERE SHAPRS CONTAINERS HAVE BEEN PLACED OR DETERMINE THAT THEY DON’T EXIST.12.  When will you appoint a real activist (or anybody, for that matter)  to  the Measure K Commission?  Craig Canada might still be interested if you approach him.  The Commission is a joke, but having a strong voice there would still be helpful in exposing the rising marijuana bust rate here (and the freeze and cutback in dispensaries within the city).  What really needs doing, of course, is public statements regarding legalization and medicalization–something to talk back to the poisonous nonsense being spread by Comstock and Robinson and their TBSC friends.


You replied: I appreciate your suggestion. I think I did reach out to Craig at some point and he wasn’t interested. Feel free to refer him to me. It’s hard for me to recommend this position to someone given that the Commission is a joke. I don’t like to waste people’s time.   GIVEN THAT THE PUBLIC SAFETY TASK FARCE IS CONSIDERING ELIMINATING MEASURE K, LIMITING OR SHUTTING DOWN HEAD SHOPS, AND USING THE DRUG WAR AS PROTECTIVE COVER ON THEIR WAR ON THE HOMELESS, I THINK HAVING A STRONG VOICE THERE–EVEN ONE THAT CAN’T WIN VOTES IS IMPORTANT.   I’LL PASS THIS ON TO CRAIG.  DO I UNDERSTAND YOU’LL AGREE TO APPOINT AN ADVOCATE, IF ONE COMES FORWARD (I CAN’T VOUCH FOR CRAIG).

Sorry for the backlog, but these issues don’t go away.   Though the tone and extent of these questions may put you off, please try to respond however briefly.  That is your job.

Thanks again for getting back to the basics by attacking the Public Safety mythology as far as you did.  You need to talk to Vogel and get his specifics–since it’s my understanding from a conversation this summer that there has been no increase in crime subtantially in Santa Cruz in the last 20 years–all the comparisons with other cities of its same size aside.  Not that Vogel is the most disinterested source, of course.


Date: Wed, 25 Sep 2013 13:32:44 -0700
From: micahposner@cruzio.com
To: rnorse3@hotmail.com
Subject: Re: Reiterating some requests and questions

Dear Robert,Sorry to miss the HUFF meeting.

With regard to the shitter questions. I don’t find them pertinent/ am not interested in them. I was directed by HUFF (a couple months ago) to get a 24 hour bathroom, “any bathroom”. That’s what I’m trying to do. The one we are going to open is not the most efficient or obvious or “best” use of funds. It’s the easiest one for me to get. Welcome to government.

I’ll forward your question to Barisone.

I would be very happy to talk to the owner of the Cofee Company about backpacks. Then I’ll get back to you.

Micah

Micah:Thanks for the heads-up on the latest attack on street vendors.

Please quickly request an opinion from Barisone–who continues to stonewall me–on the City of Sparks v. White decision’s applicability here (i.e. the constitutionality of banning street artists from showing price tags for their artwork).  I’d have thought you’d have done that back in February actually,  or several weeks ago.

On the shitter front, regarding item #9 is it correct to assume that the former public bathroom in the Locust Street garage  is now gone?    I believe I’ve also pointed out to you both the wasteful and discriminatory aspect of spending $15,000 to set up what is essentially a segregated portapotty on the leevee instead of using that money to open the San Lorenzo Park and/or Soquel/Front bathrooms all night.  Your response? 

Also what’s the status of the most-expensive-portapotty ever?  How does its cost compare with the cost of the 5 portapotties set up in 1999 under the Krohn Krapper Kommission?

I have not been able to secure police data  in spite of a Public Records Act request regarding the removal of those portapotties in terms of actual crime or vandalism then.  Please seek this directly from the SCPD or via the City Manager.

You should also be advised that certain cafes are now banning people from bringing their backpacks in the store (the Coffee Roasting Company for one)–which means, unless an individual wants to risk losing her or his stuff by setting it outside (and being ticketed too boot for “abandoned property”), they can’t access that public service.   Are you willing to publicly step up to mediate problems so that cafes have another alternative to expressing their bigotry than banning homeless-looking people with backpacks (or without–Brent Adams noted a family of three turned away earlier this week from the same Coffee Roasting Company).

 

.


Subject: Re: City of Sparks v. White and letter to City Attorney
From: micahposner@cruzio.com
Date: Sun, 8 Sep 2013 22:07:26 -0700
To: rnorse3@hotmail.com

Dear Robert,
I hope you are aware of further efforts by 3 councilmembers to reduce selling art. It is on Tuesday’s agenda.
MicahSent from my iPad

On Sep 3, 2013, at 9:58 PM, Robert Norse <rnorse3@hotmail.com> wrote:
John:  While I appreciate this fairly boilerplate answer, I do know that in the interests of both fairness and saving the City money, you have clarified the status of certain practices and rights in Santa Cruz in the past.  Robin told me that he conferred with you several years ago after the City of Sparks decision came out, and got your agreement to encourage the SCPD to lay off (to put it gently).   Was I misinformed?
Are you saying that you’ll answer a question for a Council member but not a member of the public about this issue?
Hopefully not.
Since police are still variously misinforming artists on Pacific Avenue that they can’t display prices on their artwork (when they’re not harassing them for other things), I’d again encourage you to simply do what you did before when approached by an artist trying to stop this practice, which unnecessarily lays the city open to litigation.
It is my understanding that the decision is still valid law (one of the attorneys involved actually practices in this area), so please, step out from behind the template and be direct here.
I am also requesting Chief Vogel and the Council contact you for your “advice” here, so I’m not ignoring your suggestion either.Thanks,

Robert


From: JBarisone@abc-law.com
To: rnorse3@hotmail.com
Date: Fri, 22 Feb 2013 15:43:58 -0800
Subject: RE: City of Sparks v. White and letter to City Attorney

Robert, I passed your concern along to the Police Department and if it has questions I will do the necessary research and answer them for the department. As you are aware I work for the City Council and the various City departments. I don’t take instructions from, perform work for, or provide opinions to members of the public; nor do I publicly divulge my advice and communications to my clients unless the clients make such  a request. I would suggest that in the future, if you have a complaint or concern concerning a City employee or practice, you contact the responsible City department head. If that department head seeks my advice in connection with your issue, I will be happy to assist him or her. Thanks, JGB

 

From: Robert Norse [mailto:rnorse3@hotmail.com]
Sent: Wednesday, February 20, 2013 9:19 AM
To: John Barisone
Cc: Robin the rightsfinder; Ricardo Lopez; Brent Adams; Tom Noddy; Becky Johnson
Subject: RE: City of Sparks v. White and letter to City Attorney

 

John:  On 2-7, as you probably remember, I sent you an inquiry regarding City of Sparks v. White.  On 2-13, you advised me you hadn’t got to it yet.It’s now a week later and street performers will be attending the HUFF meeting today at the Sub Rosa.

I’d like to be able to advise them if they are acting legally, based on your understanding of the law and the police enforcement policy.

If I don’t hear from you in the next few hours, perhaps later today you can let me know–and I can them contact the performers by e-mail.

Thanks,

Robert
(423-4833)

— On Thu, 2/7/13, Robert Norse <rnorse3@hotmail.com> wrote:
From: Robert Norse <rnorse3@hotmail.com>
Subject: City of Sparks v. White
To: “John Barisone” <jbarisone@abc-law.com>
Cc: “Robin the rightsfinder” <circulation999now@yahoo.com>, “Jonathan (!) Gettleman” <jonathangettleman@yahoo.com>, “David Beauvais” <davebeau@pacbell.net>, “lioness@got.net” <lioness@got.net>, “Ed Frey” <edwinfrey@hotmail.com>, “J.M. Brown” <jammbrow@gmail.com>, “Alexis of Pier 5” <alexis@pier5law.com>, “Ricardo Lopez” <riclopez35@yahoo.com>, “Joe the strummer” <talljar@gmail.com>, “Tom Noddy” <tnoddy@aol.com>, “Brent Adams” <compassionman@hotmail.com>, “Coral (!!!) Brune” <coralbrune@hotmail.com>, “Free” <overthrowproperty@yahoo.com>, “John Malkin” <jsmalkin@hotmail.com>
Date: Thursday, February 7, 2013, 11:05 AM

John:

You may remember Robin coming in to secure an agreement from you that he could resume displaying his artwork on the sidewalk without a permit and without harassment from the SCPD even though he attached price tags.  This was several years ago in response to the City of Sparks v. White (http://seattletrademarklawyer.com/storage/White%20v.%20City%20of%20Sparks%20-%209th%20Cir.%20Opinion.pdf) decision.  He told me that you and he made such an agreement.

Several artists have told me that “Hosts” and SCPD officers have been telling them they’ll be cited if they do what you apparently oked for Robin.  I know Robin also requested an explicit change in the law and to my knowledge and his you never recommended or created it.

I want to know if you’ve change your position here and now regard art work as not First Amendment-protected (as far as explicit pricing goes).  What is the current policy and direction to the SCPD?

This clarification is particularly important because some police officers are not merely banning explicit pricing, but also claiming that showing artwork without a business license is “panhandling” even if it’s done for donation in accord with the explicit exemption of MC 9.10.010(a)  which states “A person is not soliciting for purposes of this chapter when he or she passively displays a sign or places a collection container on the sidewalk pursuant to which he or she receives monetary offerings in appreciation for his or her original artwork or for entertainment or a street performance he or she provides.”

Please let me know what the status of the White decision is regarding city policy as well as assurance that MC 9.10.010(a) is still active law.

Hope you are well.

Robert
(831-423-4833)

 

From: rnorse3@hotmail.com
To: mposner@cityofsantacruz.com
CC: micahposner@cruzio.com; seandeluge@gmail.com; becky_johnson222@hotmail.com; lemasterhearth@hotmail.com; spleich@gmail.com; jeanpiraino@gmail.com; deetler@gmail.com; sschnaar@riseup.net
Subject: Questions
Date: Mon, 2 Sep 2013 07:53:15 -0700

Micah:

Included for diversion:  http://www.sfgate.com/bayarea/article/Disguises-for-portable-toilets-with-something-to-4780198.php

What’s the status of the $15,000 portapotty slated to be installed near the Levy?  Why aren’t you proposing that that money be spent instead to open up the Soquel garage bathroom or the San Lorenzo restroom at night?  It would probably be cheaper, more durable, less segregated, and more sensible.

Have you e-mailed your Cruzio server to ask them why the discrimination against homeless client Dan Madison and his son Gryphon?   (See https://www.indybay.org/newsitems/2013/08/14/18741605.php ).  I include Dan’s e-mail (he does a Free Radio show under the name “Sean Deluge”) in case you wish to speak with him directly.

Robert

Blankets On Pacific Avenue for Justice 1 PM Thursday October 24th

 

https://www.indybay.org/newsitems/2013/10/22/18745224.php

Title: Community Blanket Sit-In
START DATE: Thursday October 24
TIME: 1:00 PM – 3:00 PM
Location Details:
On the sidewalk in front of Forever Twenty One on Pacific Avenue near Soquel in downtown Santa Cruz
Event Type: Protest
Contact Name Phil Posner
Email Address chatrabbi [at] aol.com
Phone Number 831-713-6730
Address
Join us October 24th – the day the Santa Cruz City Council’s new draconian downtown ordinance “restricting artists, musicians and Petitioners'” freedom of expression is to take effect. The Ordinance not only restricts display space, it even bans blankets on which artists may display their wares and maintains the rule that artists and musicians must move to a new location after one hour.

Bring a blanket and a piece of jewelry or a favorite musical instrument.

As Councilman Don Lane, who with Micah Posner voted against the ordinance, pointed out a 6-foot-long table, even a smaller card table with two chairs, or a three-member music combo would all “… violate the new standards.” Further, As Councilman Posner stated, these rules are “literally a curtailment of freedom of speech” and difficult to regulate (and enforce) without a measuring tape, T-square or other tools.”

If you agree that individuals seeking to share their sidewalk musical or artistic talents have the same right to freedom of expression as brick and mortar merchants join us in solidarity – in opposition to rules that are arbitrary and oppressive; whose intent seems to be an attempt to whip clean artistic, musical creativity and freedom of expression from our downtown streets.

Join our peaceful, non-violent protest.

Sincerely: Committee for Fairness & Equal Opportunity for Artisans and Musicians. 831-426-1319 and HUFF – Homeless United for Freedom & Friendship 831-423-4833