A Tale of Two Cities: Denver and Santa Cruz

Report from the StreetSurvey finds law criminalizes activities necessary for homeless survival without providing alternatives.

By Chris Casey | University of Colorado Denver, University Communications
DENVER – Denver’s controversial “camping ban” has left the homeless no place to sleep outdoors safely and legally at night, forcing them into hidden spots or to seek indoor options that don’t exist, according to a report written by a University of Colorado Denver political science professor.
In collaboration with the Denver Homeless Out Loud (DHOL) community group, Associate Professor Tony Robinson, Ph.D., compiled survey results of 512 homeless individuals regarding the Unauthorized Camping Ban. The 80-page report details the background of the ban, survey results and policy recommendations in the wake of one of the nation’s most severe laws against public homelessness.

The Denver City Council passed the ordinance in May 2012 under pressure from members of the downtown business community who argued that the growing number of homeless camping on the 16th Street Mall and Civic Center Park was impacting business and harming the perception of Denver.
Robinson and DHOL presented their study to the Denver Homeless Commission and held a press conference at 10 a.m. Wednesday in Denver.

Among the survey’s findings:

  • 59 percent of respondents said it has become more necessary to avoid police after the ban; 4 percent report police being more helpful.
  • 53 percent said they feel less safe in Denver since the ban; 6 percent feel more safe.
  • 79 percent who used to sleep downtown regularly now avoid the area far more; 69 percent said they now seek more hidden places to sleep at night.
  • 50 percent their sleeping habits have been negatively affected.
  • Though there has been a reduction in outdoors sleeping, the decline is minor. Before the ban, 72 percent of survey respondents said they sometimes or always slept outside in Denver, as compared to 64 percent reporting outdoor sleeping after the ban.
  • No arrests have yet taken place under the ordinance, though citing and arresting people for other code violations and moving homeless people along through oral and written warnings are very common.

The statistics reveal a deteriorating quality of life for most of Denver’s homeless since the ban passed. “That’s a key finding,” Robinson said. “There was a reason people were sleeping on 16th Street before (the law). It was safe, well lit and patrolled by police. This law has changed all that.”

Camping ban supporters said the ban would improve the quality of life for the homeless by connecting them with health alternatives. Ban enforcement follows a series of steps: 1) determining if there are other violations that the camper should be cited for; 2) issuing the violator an oral warning to quit covering themselves, and/or to “move along”; 3) issuing a written warning; 4) attempting to connect the homeless person to services before arrest.

However, the latter step of intervention rarely occurs, the study found. Instead, the ordinance criminalizes activities necessary for survival, without providing alternatives.

“They’re just spending their time in constant motion,” Robinson said of the homeless. “Some of them are trying to get into shelters, but 75 percent say they’ve been turned away frequently because of lack of space.”

A shortage of shelter space is especially acute for homeless members of the LGBT community, couples without children, fathers without children and the mentally ill, Robinson said. “We’re 48th in the nation

for not having enough service beds to care for mentally ill homeless persons.”

The report recommends four actions:

  • Space should be designated in Denver that guarantees homeless individuals safe, outdoor places to sleep and engage in other survival activities. This space should be well-lit and accessible to homeless services downtown.
  • Increased funding should be developed for programs that address homelessness, ranging from rapid response services for homeless people in crisis to the development of permanent low-income housing units.
  • Dedicate new revenue streams to the “most under-served unsheltered populations” and to the “most effective” programs in reducing homelessness.
  • Change the camping ban enforcement protocol to emphasize provision of services rather than oral and written warnings to desist from “camping” or to “move along.”

The U.S. Interagency Council on Homelessness has singled out these types of law as being cruel and counterproductive, Robinson said.

“We know there will be hundreds of homeless out there tonight, so we either turn our heads and pretend they’re not there — being forced to make the impossible choice between shelter or criminality — or we admit the reality and find a clean, safe place where our residents can live with us,” he said.


Read or download the full report:
The Denver Camping Ban: A Report from the Streets


View Dr. Tony Robinson’s Presentation to the Denver Homeless Commission on April 2, 2013:
Report from the Streets to the Denver Homeless Commission


Councilmembers Speak at Report Release on April 3, 2013:
Councilwoman Susan Shepherd (District 1) and Councilman Paul López (District 3)


Contact Us:
info@denverhomelessoutloud.org

Project Homeless Connect–Bus Passes

NOTE FROM NORSE:  Not that I’m a huge fan of the hooplah around the Tuesday 10-4 PM Project Homeless Connect being held at the Civic Auditorium in downtown Santa Cruz.   (The one-day-a-year event seems to serve more as publicity for poverty pimps than anything else)   However it does provide free meals, a once-a-year access to certain services, and a big crowd of folks.  Hence, those up in San Lorenzo Valley might be interested in the following e-mail from a watchful HUFF activist.    HUFF is likely to be tabling at the event.   More about Project Connect from its backers at www.phc-santacruz.org .


To: huffsantacruz@yahoogroups.com
From: foenixhands@yahoo.com
Date: Fri, 5 Apr 2013 20:50:43 -0700
Subject: [huffsantacruz] Bus passes in Felton for Project Homeless Connect

Hi folks, I stopped by the Mountain Community Resource office in Felton yesterday and was told there are free bus passes for people to get to the Homeless Connect event next Tuesday. So if you know people up in the mountain towns who need bus passes, send them over there on Monday from 9-noon. They are closed to drop-ins in the afternoon.

Ever so lightly,
Raven Playfaire, CMP since 1989, CMT since 1991, Reiki since 2001

Endless Warfare: Santa Cruz Eleven Attorneys Face More Legal Battles Monday 8 AM in Dept 6.. 6

Attorneys for 4 of the Santa Cruz 11 go to Status & Sanctions Hearing Monday
by Robert Norse
Friday Apr 5th, 2013 4:41 PM

The persecution and prosecution of Gabriella Ripply-Phipps, Brent Adams, Angel Alcantara, and Cameron Laurendeau grinds on Monday 8 AM in Department 6 in Santa Cruz Superior Court. The status hearing will schedule pre-trial motions and the trial itself, now slated for early May, but likely to be postponed because of one of the attorneys has a conflict. Meanwhile attorneys for the four have appealed to a higher court for a Writ to stop the proceedings and throw out the cases in a challenge to Judge Volkman’s dismissal of a 995 Motion last month that itself challenged the forwarding of felony vandalism charges against the 4 to trial. If the trial proceeds, it’s expected to take 2 weeks.

These four defendants are the last of the Santa Cruz Eleven.

INCOMPETENT AND MENDACIOUS D.A. REBEKAH YOUNG–FIRED OR RESIGNED?
Several weeks ago, Bob Lee’s District Attorney’s office revealed that assistant D.A. Rebekah Young, who earned the dubious distinction of being the only D.A. in memory to be sanctioned by the court for misconduct in repeatedly failing to turn over police video and records to attorneys for the eleven defendants. Rumor had it that Young was headed for Texas to resume her career as a reporter in Austin or Dallas.

Some wondered why such a young and inexperienced lawyer was assigned to face eleven attorneys in court in such a high-profile case Considering defendants–if found guilty and given the maximum–could have faced seven years in prison–each. Defendants and their allies expressed both a sense of vindication that Young was gone from the department and apprehension that a more experienced team was likely to be taking over the prosecution.

EVEN TOKEN SANCTION IMPOSITION STALLED BY COLLUSIVE JUDICIARY?
The unprecedented $500 “slap on the wrist” fine leveled against the prosecution for misconduct had neither been paid nor formally appealed after the 60 day period ran out in March. The D.A.’s Office (or Young herself) reportedly asked the Court whether the fine was against her personally or the office of D.A. Bob Lee. No answer was forthcoming, and the time to appeal the sanction ran out after that 60 day period expired.

Scuttlebutt around the Superior Court Clerk’s office had it that the issue might come up at this April 8th hearing. The actual costs to at least two of the attorneys involved ran into the tens of thousands of dollars for the dozen or so hearings and multiple motions and ignored discovery demands. These were disallowed by Judge Burdick in his token fine of Young. He also refused to dismiss the cases as a sanction for the abusive prosecution that has repeatedly concealed or failed to present evidence demanded by the defense (and ordered by the Burdick himself).

NO ACCOUNTABILITY FOR THE WITCH HUNTERS, NO VINDICATION FOR THE VICTIMS.
In spite of the fact that seven of the defendants after months of ordeal had their cases dismissed for lack of evidence, though none have yet demanded a factual innocence hearing (which reportedly is nearly impossible to win).

None have filed complaints of misconduct and malfeasance with the Bar Association and/or the Commission on Judicial Performance for the political prosecution and failure to turn over documents in repeated contempt of court orders to do so.

CASES DISMISSED BUT THE CARNIVAL OF CRUELTY CONTINUES:
The Final Four defendants face a possible four year sentence and a “restitution fine” to Wells Fargo Bank of $23,000 or more. There has been no evidence presented in the many hours of hearings that any of the four destroyed or vandalized any property. Rather the tangled theory of the discredited Young was that the mere presence of the four in the building was sufficient evidence of their vandalism under an “aiding and abetting” theory.

FANCIFUL VANDALISM CHARGE
Critics pointed out that though Young had presented some evidence that some were in the building (though no clear evidence that they had refused to leave after being warned), there was no testimony that they “aided and abetted” the trespass action–a requirement for the finding that they were also responsible for the “probable consequence” of felony vandalism by parties unknown.

CRIME OR CLARION CALL TO THE COMMUNITY?
The “trespass” is described by others as a First Amendment activity shared by hundreds as well as a form of direct action whistle-blowing against the acknowledged criminal bankster Wells Fargo, who leased the vacant building for the last 3 1/2 years prior to the occupation and continue to lease the vacant structure.

That building like other vacant banks downtown has become a squat refuge for some of the more desperate or audacious of the city’s homeless population. Santa Cruz has legal shelter for less than 5% of its homeless population two-thirds of the year and a perpetual waiting list. One of the stated objectives of those who actively occupied the building and announced their intentions (none of whom are on trial) was to create a Community Center that might also serve to shelter those in need.

GRIM HISTORY IN DETAIL
For recent history of the case, see “Four Individuals to Stand Trial for 75 River Street Bank Occupation” at http://www.indybay.org/newsitems/2013/03/12/18733496.php .

For more of the legal documents involved, see “Santa Cruz Eleven–The Final Four Demand Dismissal of Charges” at http://www.indybay.org/newsitems/2013/03/07/18733298.php

For a transcript of the March 11th Hearing which sent the cases forward to trial and the legal papers challenging that misuse of legal power see below.

For a broader perspective of the occupation and subsequent legal history see http://www.thestreetspirit.org/the-santa-cruz-eleven-are-political-scapegoats/ .

A benefit for Food not Bombs August 14th at India Joze 3:30 – 6 PM will also feature speakers from this case.

To view the appeal briefs and transcript of the March 11th Hearing go to
http://www.indybay.org/newsitems/2013/04/05/18734749.php

San Rafael Provides “Helpful” Guide for the Homeless on How to Please Merchants & Residents

Notes by Norse: Service-providers are now urging the homeless not to dumpster dive (stealing from stores does provide a larger and more sanitary selection), drink in public (bars may be more expensive but they’re so much more fashionable), or urinate in public (public restrooms, anyone?  anywhere?).  More helpful manner tips from those who just need a little less reality therapy and a little more Disneyland North.  After all, we are in a recession–remember to support your local business owner!

http://abclocal.go.com/kgo/story?section=news/local/north_bay&id=9049190

San Rafael asking homeless to help reduce complaints

Monday, April 01, 2013    by John Alston

SAN RAFAEL, Calif. (KGO) — In Marin County, the city of San Rafael is reaching out to a certain group of people, hoping to convince them to behave better in public. A map was created featuring trouble spots and suggestions for what they should and should not do.

The paper map was developed by the police department and St. Vincent de Paul where hundreds of homeless people eat every day. It will be used as a tray liner. It also contains a list of things not to do.

As a man picked through trash containers along Fourth Street in Downtown San Rafael, another homeless person walked a bike with his belongings at an intersection. Those things are mild in comparison to what some homeless people have done at some places.

“Yeah, you get people who come and want to do drugs in the bathroom. They really kind of have an independent attitude out here. They kind of do what they want to do,” said Louis Murillo, a coffee shop barista.

So now after complaints from residents and businesses, San Rafael has developed a map with so called “hot zones” — areas near Fourth Street and Lincoln Avenue where police answered hundreds of calls over the past year. The city is asking homeless people to stop dumpster diving, avoid using sidewalks as a bathroom and to stop drinking alcohol in public, suggesting they go to a bar instead.

“Here’s a couple of spots where we’re having some issues right now. It could change. Next month, maybe it could be one of the parks where there is some more increased illegal activity or negative behaviors and to encourage people to take personal responsibility,” said Margo Rohrbacher, the San Rafael Police Department spokesperson.

The hot zone maps are being used as tray liners at the St. Vincent de Paul dining hall which serves about 700 meals every day to homeless men and women, a number of whom struggle with alcohol and mental issues.

“Whether it works in terms of people not being at those locations is questionable, but the success around it is starting the conversations about what is appropriate behavior in public,” said Suzanne Walker, from St. Vincent De Paul.

Residents are hoping for positive results.

“I think it is a step in the right direction cleaning up the streets. I don’t know if it’s going to make a great impact, but I think that if it gets in even just a little bit, then it’s doing to do something,” said San Rafael resident Felix Conde.

The associate director of St. Vincent de Paul says most homeless people are not causing the problems, but it’s just a couple of dozen, many of whom are young and new to the area.

(Copyright ©2013 KGO-TV/DT. All Rights Reserved.)

Notes by Norse: Poverty is such an unpleasant and dispiriting reminder of foreclosures, income inequality, shrinking real wages, and spiraling health care costs.  Let’s all work together to help our middle-class neighbors to keep up with those mortgage payments, work harder at those disappearing jobs, and continue to sip those ever-popular lattes.   Along with the niggers, kikes, and spiks, we should all be aware of how sensitive property-owners are and how important it is to avoid the better side of town and stick to our side of the tracks.  We must eliminate behaviors that may be offensive to them and their children and remember our place.


http://www.mercurynews.com/breaking-news/ci_22917250/san-rafael-gives-homeless-maps-places-they-arent

San Rafael gives homeless maps of places they aren’t welcome

By Megan Hansen, Marin Independent Journal
Posted:   04/01/2013 01:56:09 PM PDT
Complaints from downtown San Rafael businesses and visitors have led to creation of a map that lists “hot zones” homeless residents are being asked to avoid.

The new map was developed by San Rafael police Lt. Ralph Pata and copies of it are now lining the tables of the St. Vincent de Paul Free Dining Room on B Street. Areas of concern include Fourth and B streets, Fourth and A streets and the Hospice by the Bay thrift store at 910 Lincoln Ave.

San Rafael police Chief Diana Bishop said the fliers are a gentle way of asking people to act appropriately in the city, especially in the areas circled in red on the map.

“It’s just a reminder to everyone that there are certain expectations in society,” Bishop said.

She said most of the complaints the city receives about homeless residents are in regards to people defecating or urinating in public, drinking or being intoxicated, leaving their personal items strewn about or having dogs off-leash.

The fliers are meant to be a positive thing, encouraging the police department and homeless residents to work together, Pata said.

“It’s very possible folks are just hanging out in that area and do not know that their behavior is offensive to people walking by,” Pata said.

Suzanne Walker, associate director at St. Vincent de Paul, said the dining hall is cooperating with the police department’s request in an effort to open the lines of communication between police and homeless


people.

She said most of the people they serve are typically receptive to the police department’s requests and respect Pata.

“Most of the people really understand and don’t want to be a problem,” Walker said. “They don’t like be painted with the same brush as those people who are making it difficult for our residents and businesses.”
St. Vincent de Paul makes about 700 meals a day, serving about 300 people. Officers are hoping enough people will see the fliers to spread the word.

In addition to listing the “hot zones,” the flier asks people to “be a good neighbor” by doing the following: no Dumpster diving behind any business — especially Hospice by the Bay’s store — use a toilet, don’t steal power from businesses or the city, clean up after oneself, don’t store property in the city flower boxes, don’t drink alcohol in public — go to a bar if a drink is wanted — and don’t camp at the Elks Club or in the San Rafael Hills.

Pata said homeless residents are encouraged to take part in making the city a better place for everyone.

“We really would like people to start taking more ownership in their neighborhood,” Pata said.

Neglected Aspect of Homeless Activism? Or Hopeless Patch-Up Protests Against Fundamentally Futile “Shelter” Programs?

Activists: Official Suppression of Peer Advocacy Worsens TB, Flu

by Teach Everywhere ABout Community Health Saturday, Mar. 23, 2013 at 1:40 AM
thefluguru@hotmail.com

Tuberculosis and influenza spreading in Southern California houseless blamed on official disruption of peer education in cough hygiene.Advocating for information that will allow shelter operators to contact persons who may have been exposed to infections.

Advent of the LA-tuberculosis situation problematizes the lack of training in good habits of hygiene amongst the homeless. Programs in WASH (water sanitation and hygiene) have been proven to reduce the incidence of disease in programs on a global level, but in the developed nations many vulnerable populations lack the kind of outreach and training that prevent disease in WHO programs around the world.

Homeless emergency shelter operators came under fire at the Santa Barbara Board of for failure to respond to well established internationally recognized disease control imperatives. In 2012, homelessness organizers were criticized on the basis that people were quartered on grounds of a local Episcopal Church without access to sanitation of any kind: no water and not even portable sanitation units.Subsequent peer advocacy training in Cough Hygiene were initially well received, but later led to bitter factionalization as warming center shelter operators, spurred by religious missionaries, rejected such measures as criticism contrary to staff morale.

TEACH Cough Hygiene Initiative project coordinator Geof Bard spoke to the county board about the problems exacerbated by Freedom Warming Center’s “foot dragging and obfuscation” with regard to infectious disease, citing the outbreak of tuberculosis in Los Angeles hot on the heels of an unusually active national influenza season.

Speaking to the bipartisan panel, he pointed out how [Community Development Block Grant] funding of the warming centers could lead to increased costs when otherwise-healthy homeless people are crammed one hundred to a room and end up with higher incidence of disease. “Everything I am advocating [is based on guidelines] from the Center for Disease Control” and the County Health Department.

With the SBCDPH Director Takahashi Wada, M.D., M.P.H. in the audience, he pointed out tension between the Department and the warming center staff, underscoring that their resistance to implementing any kind of infection control plan places them at odds with established health authority. Elsewhere, it had been noted that a Public Health employee had complained of an epidemic of “deafness” amongs homeless careeer specialists. Mr. Bard pointed out that lack of appropriate response led to more preventable “influenza, and now tuberculosis”, as reported widely with regard to the LA TB situation currently under investigation by the CDC.

In an earlier email, he had called for additional disease control protocols to include contact tracing information for homeless persons. Under current warming center policy, names, or nicknames, are taken only occasionally and sporadically, and no cellphone, address or email addresses are written down. Thus, if it were determined that one of the warming center guests or staff had been disseminating bacterial, viral or other type of infection, there would be no way to implement the standard contact tracing by which health professionals alert possible victims and direct them to diagnostic and therapeutic resources.

In separate communications, TEACH had advocated for confidential contact trace methods based upon STF testing, advocating for information that will allow shelter operators to contact persons who may have been exposed to infections.