Sunday October 15, 2017 9:30 AM Bathrobespierre’s Broadsides– Updates on the Destruction of the Post Office Encampment and Flashing Back to February 2, 1999–John Malkin on the SCPD, Ed Frey on D.A. Corruption, & Smothering Sleeping Ban Reform

Updates on the Lapis Road struggle in Monterey from activist Wes White;  Abbi Samuels and Ricardo Lopez on the Deportation of the Homeless at the Main Post Office, speakers at the MHAN speakout, the death of Frank Lopez, and more…

And a flashback 18 years ago when the struggle against the Sleeping Ban was raging strongly.

The original flashback show can also be heard then click on February 2, 1999 (Parts 1-4) at http://huffsantacruz.org/archive99

Contact 575-770-3377 to volunteer different kinds of support for the Survival Sleepers now dispersed to the Post Office and repeatedly warned they will be forced to dispersed without a legal spot to go to.  Join Food Not Bombs locally.  They are organizing support actions for those whose only resting place is an illegal piece of sidewalk.

Leave your comments and questions at the same number.   Still a $500 reward for any info leading to Free Radio’s finding a 10′ X 10′  studio space for Free Radio Santa Cruz to rent in Santa Cruz.

Later in the day after the show has aired, the Sunday 10-1 show archives at http://radiolibre.org/brb/brb171015.mp3

9:30 AM Bathrobespierre’s Broadsides Covers Features Poetry by Julia Vinograd and Commentary Galore Plus A Flashback to 1-17-10 with activists grilling then-Mayor Mike Rotkin–Tune in at 101.3 FM or freakradio.org Sunday October 1st

The Sunday show features Updates on the Friday-Night Fresno Camping Ban Protest, Bits and Pieces from Street Supporters and Street Survivors in the last week…

And a full-blown February 24,2002 Flashback with

street minister Jerry Henry and attorneys Art Dudley and Kate Wells on his trial for disrupting a public business by encouraging youth as a counselor to feel okay in gathering in the public spaces outside what was the Aptos Gottschalks, SC Deputy’s Office, and Coffee Roasting Company…Kate Wells on medical marijuana prosecutions and the homeless persecution…A phone Interview with Jack Tefara of Portland’s Dignity Village….Councilmember Sugar on “the Magnet Effect”….Richelle, Linda Lemaster, Puppetman, Jeff the Fiddler, William Wesley Crow, Cannabis Carol, Razor Ray, Ed–voices from and about the street … …Michael Schmidt, former CEO of Chamber of Commerce, homeless advocate, and supervisorial candidate…the City attempts to restrict private property 3-day limit for camping in yards, and church/businesses…and more!

The full Flashback from 2-24-02 in its original form is also available at http://huffsantacruz.org/archive02  Go then to February 24, 2002 for its segments.

Contact 575-770-3377 to volunteer different kinds of support for the Survival Sleepers now dispersed to the Post Office and repeatedly warned they will be forced to dispersed without a legal spot to go to.  Join Food Not Bombs locally.  They are organizing support actions for those whose only resting place is an illegal piece of sidewalk.

Leave your comments and questions at the same number.   Still a $500 reward for any info leading to Free Radio’s finding a 10′ X 10′  studio space for Free Radio Santa Cruz to rent in Santa Cruz.

Later in the day after the show has aired, the Sunday 10-1 show archives at http://radiolibre.org/brb/brb171001.mp3.  

9:30 AM Bathrobespierre’s Broadsides Covers Features Poetry by Julia Vinograd and Commentary Galore Plus A Flashback to 1-17-10 with activists grilling then-Mayor Mike Rotkin–Tune in at 101.3 FM or freakradio.org Sunday September 24

Today’s show gives us a preview of Julia Vinograd’s latest book Walls plus updates.

The 1-17-10 Flashback features the Rotkin Roast as well as audio of the HUFF singers given $200+ tickets for singing “Downtown” with lyrics denouncing anti-homeless laws and practices in downtown Santa Cruz.

The complete show can be found at http://www.radiolibre.org/brb/brb100117.mp3  It is described in detail at http://www.huffsantacruz.org/brb-descriptions.html#JAN17 .  Go to Sunday, January 17, 2010 to get the grim particulars.

Contact 575-770-3377 to volunteer different kinds of support for the Survival Sleepers now dispersed to the Post Office and points along Pacific Avenue  and support Food Not Bombs locally and those whose only resting place is an illegal piece of sidewalk.

Leave your comments and questions at the same number.   Still a $500 reward for any info leading to Free Radio’s finding a 10′ X 10′  studio space for Free Radio Santa Cruz to rent in Santa Cruz.

Later in the day after the show has aired, the Sunday 9-24 show archives at http://radiolibre.org/brb/brb170924.mp3.

Another Week of No-Show For Weary HUFFsters– 11 AM September 20th Sub Rosa Meeting Called Off

The usual Sub Rosa Cafe 11 AM meeting at 703 Pacific tomorrow (Wednesday September 20) will not be formally happening today, although the Cafe may be open and some HUFF members may be there. If you wish to pin down a HUFF meeting for next week, contact Robert at 423-4833.

Tune in at 7 PM Thursday 9-21 on Free Radio Santa Cruz to hear poetry from Berkeley poet Julia Vinograd’s newest book Detour as well as updates both gloomy and encouraging. National Law Center on Homelessness and Poverty attorney Tristia Bauman has asked HUFF for its extensive trove of Public Records with an eye to some kind of legal filing in November perhaps.  Another legal researcher is investigating homeless encampments.

The second reading of the Unreasonably Disturbing Noise law changes will likely be on next Tuesday’s City Council agenda.   Packed with subjective criteria retaining police discretionary powers, it nonetheless limits police power over sound amplification.  Check out the 9-12 City Council’s Agenda (Item #21) for the proposed law which pass unanimously last week 7-0.

A description of the nasty law expanded police selective enforcement powers can be found at https://www.indybay.org/newsitems/2017/09/12/18802845.php (“Stacked Deck Stay-Away Law Expansion Promises More Pain for Poor Outside“)   If you’d like to help review the Public Records (still not fully disclosed) and/or help fight the Stay-Away orders as they are individually levied on homeless folks, contact Food Not Bombs  or HUFF  (numbers below).  Let these folks know if you or anyone you know has recently been given a Stay-Away order along with an Infraction ticket, particularly if it’s for longer than 24 hours (or 72 hours after October 12th when the new expanded law goes into effect).

Also please report conditions in San Lorenzo Park and around the Post Office.  
If you abhor meetings and wish to work on Public Records, Help compile accounts of Police/Ranger abuses, Monitor the new Library Rules, and/or Assist in getting interviews for Free Radio broadcasts or You-Tube Postings, contact Bathrobespierre Robert at 831-423-4833.  Activists around Food Not Bombs and the Freedom Sleepers are also looking for help gathering volunteers for the support meals on Saturday, Sunday, and Tuesday as well as folks who want to help homeless harassed with citations for Being Visibly Homeless.  Contact them at 575-770-3377

9:30 AM Bathrobespierre’s Broadsides Covers Updates on Marijuana, Syringes, and “Unreasonably Disturbing Noise” at City Council, Lapis Road Latest, A Taste of the Mime Troupe and More!–Tune in at 101.3 FM or freakradio.org

Today’s show includes Carol Denny on Pepperspray Politics in Berkeley, Tenant Activist Organizing in Santa Cruz, and Caustic Commentary by Bathrobespierre on Everything.

Contact 575-770-3377 to volunteer different kinds of support for the Survival Sleepers now dispersed to the Post Office and points along Pacific Avenue  and support Food Not Bombs locally and those whose only resting place is an illegal piece of sidewalk.

Leave your comments and questions at the same number.   Still a $500 reward for any info leading to Free Radio’s finding a 10′ X 10′  studio space for Free Radio Santa Cruz to rent in Santa Cruz.

Later in the day after the show has aired, the Sunday 9-17 show archives at http://radiolibre.org/brb/brb170917.mp3.

Final Triumph of the Expanded Stay Away Law at City Council; Interview with Police Chief Andy Mills 6 PM tonight 9-14-17 on 101.3 FM, streams at freakradio.org

The 9-12 City Council passed the Stay Away expansion law targeting homeless and poor people outside under the guise of “establishing standards”.  Extensive commentary and the entire Council “discussion”.   New SCPD chief Andy Mills responded to a lengthy interrogation outside City Hall.

Current street reports and messages can be left at 831-423-4833.

The show streams on freakradio.org and archives at http://radiolibre.org/brb/brb170914.mp3

For info on how to act and not just listen while gentrification galooses take over the City and drive out the poor, go to the Food Not Bombs and  Freedom Sleeper facebook pages.  Or directly to the Main Post Office, or where ever the struggle is raging.

Freedom SleepOut #114 reportedly received soup and coffee–but no sleepers reported.

Volunteer to support the Homeless struggling against Dehumanization at 575-330-3377 or by meeting with folks on the street.

Today’s Meeting Cancelled–HUFF Retreats in Mourning over Council’s Ballooning of Police Anti-Homeless Powers in Deceptively Named “School Safety” Zones 9-13

The usual Sub Rosa Cafe 11 AM meeting at 703 Pacific tomorrow (Wednesday September 13) will not be formally happening today, although the Cafe may be open and some HUFF members may be there.

A description of the nasty law expanded police selective enforcement powers can be found at https://www.indybay.org/newsitems/2017/09/12/18802845.php (“Stacked Deck Stay-Away Law Expansion Promises More Pain for Poor Outside“)   If you’d like to help review the Public Records (still not fully disclosed) and/or help fight the Stay-Away orders as they are individually levied on homeless folks, contact Food Not Bombs  or HUFF  (numbers below).

Tune in at 7 PM Thursday 9-14 on Free Radio Santa Cruz to hear an interview with Police Chief Andy Mills, whose supportive (and misleading) testimony helped pass the toxic Stay-Away expansion 4-3  (Mayor Chase unexpectedly joined the opposition with Brown and Krohn).
If you abhor meetings and wish to work on Public Records, Help compile accounts of Police/Ranger abuses, Monitor the new Library Rules, and/or Assist in getting interviews for Free Radio broadcasts or You-Tube Postings, contact Bathrobespierre Robert at 831-423-4833.  Activists around Food Not Bombs and the Freedom Sleepers are also looking for help gathering volunteers for the support meals on Saturday, Sunday, and Tuesday as well as folks who want to help homeless harassed with citations for Being Visibly Homeless.  Contact them at 575-770-3377

Stacked Deck Stay-Away Law Expansion Promises More Pain for Poor Outside at City Council Today

Coming up today at City Council on the noon agenda (unusually early) is Item, #14. It may come up within an hour by 1 PM if not before. MC 13.08.100 exponentially expands the time a cop or ranger can unilaterally order a person to leave an area and not return. The vastly expanded area includes the Pogonip, Arana Gulch, and Moore Creek. The law is billed as a “School Safety” law, though the vast majority of the area covered is much further than 300′ from a school.
MISSING INFORMATION: NO RACE OR ADDRESSES
Forwarded to me today yesterday were the attached P & R cites for 2016 and 2017, with addresses, which is helpful, but requiring some going over to see just who got the Stay-Aways and for what offenses and who didn’t. The SCPD records did not include the addresses. Neither SCPD nor P & R included race, which is interesting. There’s hardly time to do a thorough review of these to determine how severely the current 13.08.100 impacted homeless folks. Nor how much it cost the City to do it, and how much P & R time it took up for what specific “criminal offenses”.

What the records do show is massive use of the Stay-Away order. No indication of for how long the Stay-Away periods are. Nor how many have been cited with possible year in jail crimes for violating the Stay-Aways. Nor is there any record of the fabled “resources” that the largely homeless people seeking distant refuge in greenbelt areas have supposedly available to them.

There’s also no indication of the specific locations on the citations, i.e. to clarify how many were issued within 300′ of a school. Since the overwhelming majority of territory (covered by Moore’s Creek, Arana Gulch, and Pogonip) is far beyond any schools and hence not relevant to any “School Safety Enhancement Zone”, it seems clear the purpose of this is to triple the immediate punishment of anyone getting a citation prior to going to court.

Could this be to avoid the “bother” of proving someone guilty of a crime, or the shame of making a crime out of necessary survival behavior? Those outside need to sleep after 11 PM and may find a distant spot to sleep on public land in an area that has conveniently been declared “closed”.

FALSE POLICE CHIEF CLAIM THAT LAW AVOIDS CREATING CRIMINAL RECORDS
Police Chief Andy Mills’s claim that the current law and tripled-time law being considered today for final passage will “avoid criminalization of the homeless” is ridiculous, since each Stay-Away comes after an officer tickets for an underlying Infraction offense–which creates the criminal record. Or is Chief Mills claiming that he’s directing or advising his officers to issue the infractions simply to give a pretext to give a Stay-Away, and then not to show up in court so the infractions will then be dismissed?

NOT GUILTY IN COURT? STILL REQUIRED TO STAY-AWAY.
Also a finding of “not guilty” by the court (which would only happen a month or more later) does not necessarily trigger an end to the Stay-Away order. There’s no provision in the 13.08.100 for that.

The wording of the statute is flawed and insufficient. As well as there being no specific provision in the law to end Stay-Aways if there’s no conviction. Even if a judge finds a defendant “not guilty” if there is ever a court trial, the City’s “preponderance of the evidence” standard which justifies the Stay-Away order prevails. As described in 13.08.100(b) even with a prior City Manager-run so-called pre-court Appeal Hearing, the “Preponderance of the Evidence” standard overrules the judge’s “proof beyond a reasonable doubt” judgment. The Stay-Away order, in the absence of any action by court or City Manager would continue according to the proposed wording of the law.

HUGE OVERREACH OF TERRITORY: THE TEXT OF THE NEW LAW
Under Terrazas’s Public Safety Committee “Schools Safety Enhancement Zones” expansion of the Stay-Aways the law for the entire Pogonip, Arana Gulch, and Moore Creek will read

“(a) Any person who receives a citation or is arrested [in these areas--and not just within 300- of a school]… for a violation of the Santa Cruz Municipal Code or state law may be ordered by the citing/arresting city officer at the time of the citation/arrest to vacate that park or beach property and not to re-enter said property again for the period of time specified below. Any such order shall apply to both the park or beach property at which the citation/arrest occurs and to any other park or beach property at which such an order was issued within the previous year. Any person who violates such an order from a city officer shall be guilty of a misdemeanor.

(1) First offense: 72 hours from the time of the citing/arresting officer’s order.
(2) Second offense within 3 weeks of the first offense: 3 weeks from the date of the citing/arresting officer’s order in response to the second offense.
(3) Third offense within 90 days of the second offense: 90 days from the date of the citing/arresting officer’s order in response to the third offense.
(4) Fourth offense within 18 months of the third offense: 18 months from the date of the citing/arresting officer’s order in response to the fourth offense.
(5) Fifth offense within 3 years of the fourth offense: 3 years from the date of the citing/arresting officer’s order in response to the fifth offense. [emphasis mine]”

ARBITRARY POLICE POWER ALLOWS LONG-TIME BANS
I emphasize “may” in 13.08.100(a) because it gives the police officer unbridled discretion to issue or not issue a stay-away order simply on the basis of any infraction ticket, without a objective standard.

An individual getting four different citations–say for sleeping after 11 PM, being in a park after dark, sitting down within 14′ of a building on the sidewalk downtown, and smoking in a back area of the park in the first week, would face a 3 month stay away and a misdemeanor charge with a fine of $1000 and/or 6 months or a year in jail.

PHONY CLAIM OF “DIRECTING THE HOMELESS TO RESOURCES”
This in a town where there is no emergency shelter and 1000-2000 homeless outside. Essentially non-existent resources for the overwhelming majority.

THE FOLKS BEING TARGETED
Earlier research showing just what kind of “crimes” and what kind of people are getting targeted is at https://www.indybay.org/newsitems/2015/02/05/18768065.php?show_comments=1#18768117. at Statistical Evidence of Park Rangers & SCPD Targeting Homeless Folks for Sleeping in Parks .

MISSING PUBLIC REVIEWS IN THE PAST
Supposedly Terrazas’s Public Safety Committee was supposed to review this matter six months after passage in 2015, but I’m not aware that he ever did so. On-line minutes and agendas for his Committee are not currently available.

Earlier story on the Stay-Away Stampede:  “Toxic Expansion of Stay-Away Ordinance Hits Council Agenda Today” at https://www.indybay.org/newsitems/2017/08/22/18802084.php
The proposed law needs to be tabled and sent to Public Hearings to consider more closely the actual alternate resources available, the impact on the poor population, and the costs.

Recommendations for Action in the MHCAN Crisis

Recommendations for Action in the MHCAN Crisis
by Robert Norse (rnorse3 [at] hotmail.com)
Sunday Sep 3rd, 2017 6:06 PM

MHCAN has faced a crisis for the last several years with police and city agencies breathing down its neck. The management of MHCAN and its Board of Directors has chosen to pursue, largely a low-profile work-behind-the-scenes approach. There’s been little publicity about the upcoming Special Use Permit meeting of the Planning Commission which Board Chair Steve Pleich says is slated for 9-28. A month ago, I wrote the following suggestions to the community.
backup_of_norse_s_mhcan_demands_flyer_9-3.pdf_600_.jpg

Download PDF (592.5kb)


Text of the Flyer
AN APPEAL TO THE COMMUNITY TO SUPPORT MHCAN
By Robert Norse

HUFF (Homeless United for Friendship & Freedom) has many current and past members who have used MHCAN (Mental Health Clients Action Network) but are upset with current attacks, threats, and restrictions burdening its mission and its operation:

Demand City & County Agencies Take the Following Actions:

+++ End police collusion and surveillance with right-wing community organizations and unreasonably anxious neighbors and businesses trying to cook up “evidence” of a crime wave or public nuisance. The surveillance and heavy police presence has been frightening to clients and is an abuse of the police department’s funding and mission. We want assurances that this abusive behavior, supposedly either lessened or discontinued, will be definitely stopped and not resumed.

+++ Drop all proposed restrictive demands on MHCAN and hold public hearings on any new attempts to impose such conditions as restrictive hours, limiting daily client numbers, security guards, meeting bans, and other destructive restrictions that interfere with or work in direct opposition to its traditionally effective mission. This approach has created a hostile prison-like atmosphere at the Homeless (Lack of) Services Center and treats unhoused and disabled people like convicts.

+++ Restore autonomy to MHCAN, originally an effective client-run organization with an impressive track record for helping those in psychological distress, whatever their housing or financial status. MHCAN can and should determine its own policies and limits within normal city guidelines.

+++ Create a legal and firm policy of nondiscrimination against low-income people as well as establishing a protected class punishing violence against the unhoused as a hate crime here.

+++ Acknowledge the sidewalks, city benches, and other areas around MHCAN are public areas and restore the right of all community members to use them without fear of harassment–not subject to restriction or control by private interests, whatever their fears. Cite and prosecute real crimes. The campaign to remove visibly poor from the public domain is both unworthy and unconstitutional.

+++ Disentangle city and county funding from restrictive covenants and restore traditional practices at MHCAN generally or require public hearings to justify attempts to shrink its services.

+++ Establish in local law and policy of respecingt the rights of the disabled—whether the disability be physical or mental to include such obvious needs as the right to sleep, to use public spaces, to be secure in their persons and property, to be free from harassment by authorities and private vigilantes.

This letter reflects the views of Robert Norse and some HUFF members—and hopefully a large chunk of the informed community.

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 831-423-4833 http://www.huffsantacruz.org 309 Cedar 9-3-17

Partial RV Residents Victory in Marina; HUFF Punts Again: NO 11 AM Meeting Wednesday– But There’s Still Stuff You Can Do to Fight City Council’s Home Grown Fascism Here

Though skipping another Wednesday meeting, HUFF members and sympathizers are still focused on our own local struggle against the long-term fascist wave against the homeless.

I’m still waiting for clarification from staff mouthpiece and Assistant City Manager Scott Collins just how far the new 72-hour police power extends.  It currently allows cops and rangers to issue Stay-Away orders from areas when they give out an infraction ticket.  The area seems to include Arana Gulch, Moore Creek, and the Pogonip as well as some smaller parks.

Go to http://scsire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=848&doctype=AGENDA and click on Item #20, then on  “School Safety Enhancement Zones Ordinance (CN) – Map” on the right side of the screen.    More details, hopefully from “Scapegoater” Scott when I get them.

This is a direct attack on poor people who try to sleep in the Pogonip at night–since there is no alternate shelter (and even when it is available to a few is often described as wretched, bug-ridden, unsafe, and dehumanizing).  I mistakenly wrote last week that this proposed banning-without-court-process power extended to all parks, which apparently it does not–only those within 300′ of a school  (again, see the map above).    Also while the law outrageously triples lengths of time that thugs in uniform can ban you from areas without a court conviction or trial, it does not triple the fines.

Final vote from the rubberstamping body comes in two weeks, but e-mail to the City Council can still be sent to them putting opposition on record at citycouncil@cityofsantacruz.com .  To read the detailed horrors of the original law, whose bans will triple in length, go to http://www.codepublishing.com/CA/SantaCruz/  and review 13.08.090 and 13.08.100–both anti-homeless laws passed in 2013, expanded in 2015, and now back for a final blow at the poor outside.

+++ write a letter to the Sentinel, Good Times, facebook friends, or other on-line media denouncing the ordinance.  See my story at https://www.indybay.org/newsitems/2017/08/22/18802084.php (“Toxic Expansion of Stay-Away Ordinance Hits Council Agenda Today”) for description and discussion.

+++ Sign up to support homeless resistance by using the “appeal process” hastily added on to the Stay-Away law which requires the City Manager’s office to hear an appeal before the Stay-Away is implemented.  Contact Food Not Bombs at its Saturday and Sunday meals at the Post Office and Tuesday night outside City Hall.  Or go to their facebook page at Santa Cruz Food Not Bombs.  Leave a message there for HUFF or contact HUFF by phone at 831-423-4833.  Bring citations, reports of stay-away orders, and other street info to the Food Not Bombs literature table.
OTHER STRUGGLES

+++  Ongoing crackdown on MHCAN at a Public Hearing to “revoke and replace” their special unit permit according to Board of Director mouthpiece Steve Pleich.  He and his Board, after many months of hush-hush secrecy and “don’t rock the boat” tactics are calling for public letters and calls to the Planning Department in advance of their September 7th hearing.  Attention: Mike Ferry, City of Santa Cruz, Dept. of Planning and Community Development, 809 Center St., Room 206, S.C. 95060  or e-mail at mferry@cityofsantacruz.com Let us know of any new police or vigilante actions against MHCAN or their clients, as well as any internal “crackdown” regs within MHCAN itself.

 

+++ Monterey County Homeless Activists who a partial victory at the Monterey Board of Supervisors today getting a 90-day nighttime extension for the dozens of vehicular residents out on Lapis Road north of Marina.  Implicitly acknowledging they have no “resources”  (i.e. housing or a safe place to park their RV’s). the Board responded to the organizing effort of Becky Johnson and Wes White, signing up folks to show they weren’t “service-resistant”.  However the resolution passed, supposedly binding on the sheriffs, still requires residents to vacate between 10 AM and 6:30 AM.  Many of the vehicular homes have very poor gas mileage, their owners are poor, and half are not drivable.   Residents Amber and Wildfire are reportedly inventorying and helping mobilize people for the 8 a.m. Thursday deadline.  Support the Lapis Road RV Residents by contacting the Supervisors Luis Alejo and Jane Parker for a more reasonable settlement at  jane.parker@co.monterey.ca.us   luis.alejo@co.monterey.ca.us

 

+++ If you wish to work on Public Records, or learn about other HUFF projects, contact Bathrobespierre Robert of HUFF at 831-423-4833.