An Overlooked Court Decision That Might Provide Hope for Artists, Musicians, and the Poor

Note from Norse:  Santa Cruz police have not only given out citations for “selling artwork” on Pacific Avenue, but some cops have violated city laws by insisting that performing or displaying art work is “panhandling” and forbidden or highly restricted under the “hide the homeless” Downtown Ordinances.  In point of fact, an artist named Robin tells me he brought this court decision (White v. City of Sparks) to City Attorney Barisone and secured an understanding that putting pricetags on one’s own artwork (written or painted) was constitutionally protected, could have prices attached, and did not require a permit.

                      SCPD, in their emboldened crackdown on counterculture street life and first amendment-protected survival activity on Pacific Avenue, is now ignoring that agreement as well as “reinterpreting” other laws.  Authoritarian pressure from the Bryant City Council and right-wing pressure groups like the DTA (Downtown Association), Take Back Santa Cruz Santa Cruz Neighbors, and the City Manager Martin Bernal’s City Staff have distorted and expanded application of the Sitting Ban, the Sleeping Ban, and the Tabling Ban restrictions as a pretext to harass homeless or homeless-looking people at the whim of a passing bigot or an authority-happy cop.

                      However sidelined and ignored, the Constitution is still the Constitution.  The actual wording of the Downtown Ordinances exempted artistic performances and displays from “panhandling” punishment and exempts from the Sitting Ban those watching  such legal behavior.   The assertion that “that musician is bothering me” does not constitute probable cause for the automatic imposition of Unreasonably Disturbing Noise citations.

                  And police tickets for “having a price tag” on one’s artwork violates the decision described  below, which should provide a financial court settlement and legal  fees  for  some worthy lawyer who wants to take a false arrest case if the SCPD, its “Hostile-pitality” Squad workers, or the First Alarm goons roaming the area choose to haul artists or performers (or those listening to them) off to jail.

Ninth Circuit Finds Sale of Paintings Protected by First Amendment

In a published decision, the Ninth Circuit today found that the sale of a painter’s original works are protected by the First Amendment.

In White v. City of Sparks, painter Steven White challenged the constitutionality of a Nevada city ordinance that ostensibly required him to obtain a permit before selling his paintings in public parks. The Ninth Circuit sided with the artist, finding: “So long as it is an artist’s self-expression, a painting will be protected under the First Amendment, because it expresses the artist’s perspective.” The court rejected the city’s argument that the sale of the paintings removes them from the ambit of protected expression. In so finding, the Ninth Circuit joined the Second and Sixth Circuits, which have reached similar conclusions.

This has significant trademark ramifications. In ETW Corp. v. Jireh Publishing, Inc., for example, the Sixth Circuit found the First Amendment entitled sports artist Rick Rush to sell paintings of Tiger Woods without Mr. Woods’ authorization. In that case, which the Ninth Circuit cited, the Sixth Circuit found the painter’s speech was entitled to full First Amendment protection and not the more limited protection afforded commercial speech “even though it is carried in a form that is sold for profit.”

The Sixth Circuit further found the Lanham Act should be applied to artistic works only where the public interest in avoiding confusion outweighs the public interest in free expression. Applied to Mr. Rush’s paintings, the court found the First Amendment trumped the Lanham Act. Even if some members of the public would draw the incorrect inference that Mr. Woods had some connection with Rush’s print, the court decided, the risk of misunderstanding “is so outweighed by the interest in artistic expression as to preclude application of the [Lanham] Act.”

The Sixth Circuit likewise resolved the tension between Mr. Woods’ right of publicity and the First Amendment in favor of free speech: “After balancing the societal and personal interests embodied in the First Amendment against Woods’s  property rights, we conclude that the effect of limiting Woods’s right of publicity in this case is negligible and significantly outweighed by society’s interest in freedom of artistic expression.”

The White decision can only increase the likelihood that the Ninth Circuit will apply similar analysis when it gets the chance.

The case cite is White v. City of Sparks, __ F.3d __, No. 05-15585 (9th Cir. 2007).

Posted on August 29, 2007 by Registered CommenterMichael Atkins in First Amendment |

Reader Comments (1

Steven C. White
Artist / Artist Advocate
winning rulings in;
White v Reno, Nv. 2002, U.S. District Court
White v Sparks, Nv. 2007, 9th Circuit Court

Yes, its me.

I would like to thank the Seattle Trade Mark Layer(s) and the Washington Lawyers for the Arts for posting this important information. If Citizens don’t know what their rights are, they have none.

Such is the case with the Arts and Artists in America today. I have traveled as an Artist for over 40 years all over this country, painting and selling my pictures along the way. Sadly, in those 40 years I have witnessed the commercialization of the Arts in America.

Many years ago if the public went to an Art show, chances are it was held by a community Art Guild or Society. The members of such a group would just go down to the parks a couple of times a year and have shows. They didn’t need a permit!

These shows helped our Art Societies gain new members as well as offered opportunities for local Artists to be showcased with their self created fine art in the public parks. It allowed them to also make a little money to buy art supplies to keep being Artists. The great thing was that ANYONE could join the art society and participate. It opened opportunities for artists of all ages and skill levels to come together and learn from each other and be showcased in their communities.

Sadly, take a good look at all of our public parks today. Filled with sports facilities but NOT ONE ARTIST to be found. NOT ONE! Why? I can tell you that I have a letter from a major City in AZ. that tells me that if I put up and easel in their parks, I must have a million dollar insurance policy. If I paint a painting and hand someone a business card, they tell me I have crossed some “commercial” line and become a “transient merchant”…which isn’t allowed in their City….so I could be arrested, fined, imprisoned and have my Art confiscated! Yep, and I’m the one that just won that ruling from the 9th. Don’t be too amazed because this kind of thing is going on all over America in the Arts today.

It is illegal to be an Artist in most public parks across America. You can play ball but not paint a picture! “Commercialization of Artists”!

I watched over the years as our Art Societies dropped by the way side as Special Interest Groups started getting permits from City Governments to hold “Art Festivals” on public property. In these festivals the promoters are interested in making money for their cause, what ever great cause it might be. So, the promoters of these “Art” festivals started letting anything and everything into the shows in order to sell the most amount of spaces for the most amount of money, to raise as much money as possible for their cause.

Now I don’t want you to think I’m against Art Festivals. I’m not! Well, kinda. As long as they operate without violating Artists Rights.

I just want to point out to everyone the obvious. These are not “Art” festivals at all!

They are market places where First Amendment protected Artistic Self Expression is being sold right along side of “Commercial Merchandise” which is lacking in full protection. As this has happened over these past 40 years people have lost the understanding of the important difference between fine Art and commercial merchandise.

As that has happened Artists have lost their First Amendment protections and have been turned into “commercial vendors” by Cities across America.

When Artists are labeled as “Commercial Vendors” they are placed under countless layers Governmental Red tape, Licensing requirements, fees, finger prints, sales taxes, police background checks and even out right denial of First and Fourteenth Amendment Rights. Who do these restrictions hurt the most? Kids who are under age and can’t get licenses, Senior Citizens who censor themselves rather than deal with all the red tape hurdles, and Minority people who are often reluctant to get involved with the countless piles of red tape involved with getting licenses. That is exactly what has happened to the Arts in America today.

So, what is the difference between “commercial” merchandise and “Art” which is protected?

Does anyone remember what fine art is? There sure are a lot of City Attorneys that don’t seem to know the dif.. Do you?

The High Courts have been defining these important points dealing with the Arts and the questions of “commercial” verses “non-commercial” merchandise offered for sale.

The question is; Where is the line drawn, between “Art” which is fully protected by the First Amendment and therefore limiting government control…..and “commercial merchandise” where government can exert a lot of control?

Key words, “Utilitarian” and or “Functional”

The courts held that my Art was fully protected by the First Amendment because of a couple of very important factors. One, it was MY SELF CREATION, my Self expression…not that of another, such as works RE-sold in galleries.

Second, my paintings have NO value beyond the message they convey. You can’t wear my paintings, eat them, ride on them or saddle a mule with them. All you can do is look at them and absorb their expression. They are purely expressive with no other value…utilitarian, functional or otherwise. As a matter of fact I have ruined the commercial value of the paint, the canvas, and even the stretcher have lost all commercial value. Paints dry, canvas cut up, and stretcher shot full of staples.

While that painting is in the original creating artists hands it has no value beyond the message it conveys. It is pure expression and entitled to the FULL protection of the First Amendment, just as much as your spoken or written words.

“Commercial merchandise” however does have a value beyond the message it conveys. So this is where the Courts have drawn the line that defines commercial merchandise from self expressive art with regards to full protection under the First Amendment. In a recent 2006 ruling by the 2nd Circuit Court of Appeals, Mastrovinzenso v City of New York, they clarified this important point that was touched on in the Bery v N.Y.C. ruling of 1996. In this ruling the New York City licensing scheme was upheld to be constitutional as applied to a couple of original artist. Why? Because though the Artist were indeed doing one of a kind works of art and offering them for sale…the works of art were being done on T-Shirts and Hats. The Second Circuit Held that because these items had a dual purpose, both Artistic and functional/utilitarian, the works were not “purely” expressive and therefore did not rise to the FULL Protection of the First Amendment. As functional merchandise that contained artistic self expression its sale required a N.Y.C. business license because it was not purely expressive.

Now in an interesting twist to this Second Circuit ruling, I believe it was the 7th Circuit that was cited in my 9th Circuit ruling, the high Court granted full protection of the First Amendment to a person(s) making stained glass windows. Obviously functional, right?

The high court ruled that because the Artist was not selling the stained glass as a functional window, but as “Art for Art’s sake”, the Artists was entitled to the full protection of the First Amendment.

So, now you know. This is all about education, education, education..if we will ever save the Arts from commercialization in America. This kind of education must take place in the Federal Courts. I encourage my fellow Artists to stand up for your Constitutional Rights and remember that men and women have given and are giving their lives for these freedoms every single day.

As a Veteran of 3 years of military service to our country, I now choose to stand up for Artists so that they can bring a little more understanding and beauty into this troubled world.

A lot of people think I got into this for personal reasons. I got into this business of challenging horrible governmental policies that are commercializing and exploiting artists because I was a witness to the terrible shooting at Columbine High School. I’m fighting not for myself but to deliver a gift to the Children of America. The gift of Art, from the Children of Columbine.

Thanks again for the space to respond,

July 5, 2008 | Unregistered CommenterSteven C. White  

Anchorage Way Ahead of Santa Cruz ACLU

Civil libertarians challenge Anchorage sidewalk-sitting ban

By Yereth Rosen | Reuters – January 31, 2013

 

ANCHORAGE, Alaska (Reuters) – Civil libertarians filed suit in Alaska on Thursday to challenge an Anchorage ban on sitting or lying on public sidewalks they said was enacted partly as a response to one man’s prolonged protest outside City Hall.

The lawsuit, filed in state Superior Court by the American Civil Liberties Union of Alaska, called the 2011 ordinance a violation of the right to free speech and peaceful assembly. The suit also targets a related ban on panhandling in downtown Anchorage.

Jeffrey Mittman, executive director of the ACLU of Alaska, said both prohibitions chill traditional political activity, such as union pickets, as well as artistic expression.

“We don’t want Alaskans to have to wonder, if they go out on the sidewalk to engage in fundraising or to engage in political speech, if they’re going to be arrested or not,” he said.

The exception to the sidewalk-sitting ban – for commercial activities such as street-food vending – is evidence of the law’s flaws, Mittman said. Courts usually grant broader protections to political speech than to commercial activities, he said.
The suit was filed on behalf of a local street musician and performance artist, a 95-year-old peace activist, labor unions, an Alaska Libertarian Party leader and other politically active individuals.
“They wish, as part of their expressive conduct, to be able to sit and lay on the downtown sidewalks and to seek donations free from the threat of municipal sanction,” says the complaint, which seeks an injunction to block the law.
Not represented as a plaintiff is the person whose actions inspired the ordinance, John Martin, who spent much of the past two years camping on a downtown street corner to protest what he said was Mayor Dan Sullivan’s insensitivity to homeless people.
Martin’s critics, who at times included the mayor, said he was creating a public nuisance and hazard to sidewalk traffic.

Anchorage Municipal Attorney Dennis Wheeler said he could not comment immediately on the claims made in the lawsuit. “We just got the copy. We haven’t had a chance to analyze it,” he said.

(Editing by Cynthia Johnston and Eric Walsh)

Homeless Census – The Fresno View

The homeless census gets a suspicious review from Fresno homeless activist Mike Rhodes below.  If folks have any comments on the Santa Cruz version, please post them on the HUFF website at www.huffsantacruz.org  –R.Norse


To: FresnoHomelessAdvocates@yahoogroups.com
From: MikeRhodes@comcast.net
Date: Wed, 23 Jan 2013 12:26:06 -0800
Subject: [FresnoHomelessAdvocates] Fw: Fresno Homeless Point in Time Count [2 Attachments]

[Attachment(s) from Mike Rhodes included below]

Somebody on this listserv was asking (recently) about the homeless Point in Time count.  The information about this count is below and attached.
As you might already know, I’m not a big fan of this Point in Time count.  My belief is that it is flawed and will not provide us with an accurate count of the homeless.  The methodology itself is such that you can not get an accurate count, so participating in it, to me, seems like participating in the gathering of data that will misinform the community.  It is set up to *under* count the number of homeless people in a city.  That said, if someone wants to participate to find out first hand what it is like, this is your opportunity.  I would be interested to know what you think after your participation.
Mike Rhodes
Editor
Community Alliance Newspaper
PO Box 5077
Fresno Ca 93755
(559) 978-4502 (cell)
(559) 226-3962 (fax)
editor@fresnoalliance.com
www.fresnoalliance.com
—– Original Message —–

Sent: Wednesday, January 23, 2013 11:49 AM
Subject: Fresno Homeless Point in Time Count

Greetings Mr. Rhodes,

 

Every two years the U.S. Department of Housing and Urban Development (HUD) requires communities to take a point-in-time census of their homeless populations to assist with local and national strategic planning.  The homeless census helps our community advocate for resources to preserve and expand our safety net and makes our community eligible for federal funding for homeless services. The count also informs strategic planning as we work toward an end to homelessness.

This year the Fresno Madera Continuum of Care (FMCoC) will be conducting the homeless Point in Time count for a span of 3 days on February 25, 26, and 27, 2013. As Chair of the Outreach and Engagement Committee, I would like to invite you to volunteer with our community as we take to the streets to count and survey our homeless neighbors.  Attached is our flyer providing more information about the Point in Time count and a volunteer application form. Please feel free to contact me if you have any questions.

 

Regards,

Melissa Mikel

 


Melissa Mikel
Homeless Initiatives Coordinator
mmikel@fresnohousing.org

Fresno Housing Authority
1331 Fulton Mall
Fresno, California 93721
559-443-8400 ext 4109
(800) 735-2929 TTY
www.fresnohousing.org

Vibrant Communities. Quality Housing. Engaged Residents.

 

Homeless numbers: Workers fan out for census in Santa Cruz County

By Stephen Baxter

Santa Cruz Sentinel

Posted:   01/22/2013 05:50:28 PM PST

 

SANTA CRUZ — Workers in a homeless census fanned out in the predawn light Tuesday, tallying the homeless on the streets and in hidden campsites across Santa Cruz County.

The biannual census tries to provide a snapshot of the number of homeless in the county so programs and services can be geared toward them. The federal government requires the census for homeless service groups to be eligible for federal money.
This year, for the first time, census participants were asked to estimate age groups in three categories: 17 and younger, age 18 to 25, and age 26 and older.
“We’re trying to get everyone out on the streets,” said Susan Brutschy, president of Watsonville-based Applied Survey Research, which conducts the study.
Santa Cruz City Councilman Don Lane, who participated in Tuesday’s census, added that the federal government has pushed recently for more services for homeless youths.
“I think there’s a real interest in who’s in that category,” Lane said. He added that he appreciated the overall data. “Otherwise, it’s so anecdotal,” he said.
Full results of the census are expected to be released in spring. In the 2011 homeless census, about 2,700 homeless were counted in the county, down from roughly 3,370 homeless in 2005.
Workers in Tuesday’s census met at the Homeless Services Center on Coral Street in Santa Cruz — as well as in Watsonville, Felton and Aptos. Groups typically included a volunteer and a guide



who was homeless to help find sites with which they were familiar.

The groups were assigned areas and given maps before they headed out in cars.
Because there were fewer volunteers and workers this year than in previous censuses — about 50 — some groups were assigned two areas to cover before 10 a.m. Guides were paid $10 an hour.
A 50-year-old homeless woman was paired as a guide with Cheryl Ruby, a counselor at the River Street Shelter in Santa Cruz.
In the 39-degree morning, the two women peered into wooded areas such as the greenbelt between Highway 1 and Plymouth Street in Santa Cruz. They both recognized people they knew who lived on the streets and rode bikes or carried sleeping bags.
“To count the ones camping, you have to be up at 6 a.m. because they’re up,” the woman said. She didn’t want her name used because she has camped illegally.
Outside a fast-food restaurant, doughnut shop and gas station on Ocean Street, they spotted homeless men headed to an 8 a.m. breakfast provided by the Homeless Services Center on Coral Street.
Census workers were told not to talk to their subjects or to rouse them if they were asleep. Safety was the first priority, Brutschy said.
“This is an observational count,” she said. “And we have a lot of ground to cover.”
Ruby and her guide counted about 30 homeless men and two women in their area by about 9:30 a.m. Another group that went to downtown Santa Cruz counted about 150 homeless.
The woman who acted as the guide said she understood why city and Santa Cruz County law enforcement had recently cleaned up the camps.
“I can see why the city’s upset because they leave garbage everywhere,” the homeless woman said. “I don’t leave garbage.”
The woman added that she recently stayed at a shelter and worked in its laundry room — but she was still finding her way. Finding a shower, clean clothes and transportation to appointments are daily challenges.
“It’s hard to get a job when you’re homeless,” she said.
Follow Sentinel reporter Stephen Baxter on Twitter at Twitter.com/sbaxter_sc

By the numbers
Number of homeless in Santa Cruz County according to a homeless census.
2000 3,329
2005 3,371
2007 2,789
2009 2,265
2011 2,771
SOURCE: Applied Survey Research

Assemblyman Ammiano’s Homeless Bill of Rights Sounds Better Than Expected

Ammiano’s “Homeless Bill of Rights”: Part Civil Rights, Part Prison Reform

Posted on 09 January 2013

By Dan Aiello


State Assemblyman Tom Ammiano (D-San Francisco) is following through on his promise to reform California’s prisons with the introduction of a homeless rights bill intended to decriminalize homelessness in the Golden State, protecting “some of society’s most vulnerable members.”

Make no mistake, Assembly Bill 5 is as much prison reform, as it is civil rights, legislation.

Among other things, the proposed law would require legal representation for anyone cited under local loitering, camping or panhandling ordinances.

It would give “every person in the state, regardless of actual or perceived housing status,” the rights to “use and move freely in public spaces,” to “rest in public spaces,” and to “occupy vehicles, either to rest or use for the purposes of shelter, for 24 hours a day, seven days a week,” according to Ammiano’s press release.

“Overall, this bill is about not being discriminated against if you are homeless,” said Ammiano. “A lot of it is aspirational. This is what we would love in a perfect world,” said Ammiano today.


In an interview last month regarding the Assemblyman’s wish to see significant prison reform, Ammiano told California Progress Report that our prisons have been an expensive “weapon of first choice” in the war on drugs, mental illness and homelessness.

Ammiano is a new generation of state government “reform” legislators – a California political legacy dating back to progressive Governor Hiram Johnson – and has fiercely sought to decriminalize marijuana while advocating its taxation as a revenue source for state government. It is the use of state prisons “as our weapon of choice in the wars on drugs, the mentally ill and the homeless, yes its increasingly illegal in this state to be homeless,” that was the biggest contributor to a prison population that has until realignment seemed uncontrollable, Ammiano told CPR.

“We have focused too much time money and effort at criminalizing mental illness, victimless crimes and homelessness and then perceiving all inmates as if they are all the same, and that has been part of our problem,” Ammiano told CPR.

Ammiano was pragmatic in what he told CPR was a waste of taxpayer dollars for a state “not any more safe,” for incarcerating administrative parole violators who missed appointments with parole officers, mental illness, victimless crimes like drug possession and and incarceration of the homeless for loitering, panhandling and camping.

California spent $72,000 per year, per prisoner in 2012. The Golden State has the highest recidivism rate in the nation, nearly 20 percent higher than the next highest state correctional system. And 45 percent of those who were returned to prison in the three year post-release time period were returned for “administrative parole violations, including missed appointments and positive drug tests,” according to the state’s 2011 survey. According to a 2012 Pew study, the total cost to California taxpayers for returning those former inmates who did not commit a violent crime or felony: $1 billion dollars.

Ammiano told CPR he believes placing the homeless and mentally ill in overcrowded state prisons is “immoral,” and likened their imprisonment to that of being thrown into state-run “Gladiator Academies.”

Ammiano Seeks New Moral Compass for California’s “Failed” Prisons

Posted on 04 December 2012
By Dan Aiello

In the wake of California’s election last month where voters passed two propositions aimed at reducing the number of inmates in California’s overcrowded prison system, the State Assembly’s Safety Committee Chair says he will introduce major prison reform this session targeting a correctional system failure rate that persists as the highest recidivism rate in the nation.

“With voters approving both propositions 30 and 36, I believe we are in a position to achieve significant prison reform to reduce our failure rate and begin decreasing our prison population,” San Francisco Democrat Assembly member Tom Ammiano told the California Progress Report recently.

“It’s not going to be easy as the issues that affect our prisons and inmates are complicated and numerous, but I believe we can achieve real reform if we are determined, strategic and remain focused on that goal,” Ammiano said.

Proposition 30, along with providing funding to California’s educational system, also will provide funding to local jails. These funds are intended to offset the cost city and county jails will incur as a result of the inmate population increases under the realignment plan which Governor Jerry Brown (D) introduced after a

Federal court ruled California’s overcrowded prison conditions amounted to “cruel and unusual punishment.”
Voters also passed proposition 36, amending the state’s tough on crime “Three Strikes” law largely attributed with tripling California’s inmate population within a few years of its passage. While the “Three Strikes” law was championed by conservative lawmakers, those same politicians opposed all legislation aimed at offsetting the cost to the state for the surge in inmate population that “Three Strikes” produced. As a result, California’s existing prisons became grossly overcrowded and increasingly dangerous for inmates. With no hope for a political solution, the state’s correctional system remained in crisis until a Federal court intervened last year, forcing state lawmakers to approve a plan to reduce the population.

“Thankfully, prop 36 reduces the number of those eligible for three strikes to only criminals who have committed serious offenses and not something like missing an appointment with a parole officer,” stated Ammiano, who said the state’s prison population actually began increasing “when Reagan closed the state’s mental institutions.”

But Ammiano, the legislator who has fiercely sought to decriminalize marijuana while advocating its taxation as a revenue source for state government, said it was the use of state prisons “as our weapon of choice in the wars on drugs, the mentally ill and the homeless – yes its increasingly illegal in this state to be homeless” that was the biggest contributor to a prison population that has until realignment seemed uncontrollable.

“As the state’s prison population rose, bad ideas flourished as a result,” Ammiano told CPR. “The same attitudes that said, ‘let’s just build more prisons,’ took money away from mental health, educational, vocational and rehab programs offered inside our prisons and outside to parolees.”

“Well duh,” Ammiano mocked, “we did everything to increase our prison population and the CDCR’s failure rate. Why are we surprised?”

In an annual report on the nation’s recidivism rates by state, 2012 saw California continue to lead by an increasingly wide margin the percentage of released felons who are re-incarcerated on new charges. The annual recidivism survey comparing how state correctional systems perform at successfully re-integrating their inmates has continued to rank California’s correctional system the worst failure rate, and by a large margin.

Just as the performance of the state’s educational system is assessed by the number of graduates and their test scores, the recidivism rate of the California Department of Corrections and Rehabilitation reflects the system’s success at returning inmates to society by providing the percentage of parolees re-incarcerated within three years following their release.

Inmates released from California prisons are at least 20 percent more likely to be arrested and returned to prison then the second worst state, and up to 45% more likely to be back behind bars as their counterparts in the state with the lowest recidivism rate.

While in the past Californians largely blamed the individual for his or her return to prison, such empirical evidence, while not exonerating California inmates of all culpability, does shift the focus of reform efforts away from the incarcerated and toward the correctional and justice systems, including the purpose of incarceration, the experience of those incarcerated and even the crimes for which California has deemed incarceration an appropriate punishment.

“They took the money set aside for programs like Restart aimed at employing the ex-felons and used it to build more capacity for prisoners,” said Ammiano, suggesting a high rate of recidivism was the inevitable result of that strategy.

Additionally, Ammiano said that by sending the perpetrators of victimless crimes – such as someone possessing a small amount of marijuana – to overcrowded prisons, Californians inadvertently increased the number of potential felons and repeat offenders, as otherwise crime-naïve individuals were prosecuted for smoking pot and found themselves in highly tense and dangerous overcrowded prisons, which Ammiano referred to as “gladiator academies.”

“We’ve sent otherwise law-abiding citizens to prisons that were essentially gladiator academies, where an inmate is forced to choose between being a victim or victimizing others.”

Ammiano, whose legislative record has shown fiscal prudence, pointed out that California’s recidivism rate in 1980 was just 32% compared with 71% today. California currently pays more than $72,000 per prisoner per year. Reducing today’s prison population by 10% would result in a $233 million dollar per year savings, 20% would result almost a half billion dollar savings to the state’s general fund, so Ammiano says it is in the interests of both the fiscal conservative and the progressive politician to support prison reform that results in a smaller prison population, both at the state and county levels.

Assemblyman Ammiano cited a recent international magazine article where San Francisco’s Chief of Police pointed out that the City and County of San Francisco’s $422 million dollar jail budget had only a few million allocated for parolee re-entry, drug rehabilitation and mental illness programs.

“We need to start moving money toward Restart and other re-entry programs,” said Ammiano. “We need to address mental illness as just that, not as crime. It’s just not right that we have criminalized being mentally ill in this state. We’re smarter than that. We know better about these things now.

“There’s no question that our correctional system is a failure,” Ammiano told CPR. “Even by comparison to other correctional systems, it’s a failure. But the reasons our prisons are failing are beyond their control and I would challenge anyone who would look to blame our prisons, their staff or the staff of the CDCR. The reasons our system is failing are our laws, our budget priorities, our justice system and a host of reasons we need to address that are outside the authority of the CDCR. That’s why I intend to introduce legislation to move us forward, further forward than the governor’s realignment which has slowly begun to turn the tide on our prison population,” said Ammiano.

Assemblyman Ammiano said he plans to visit Pelican Bay, the site of last year’s hunger strike by inmates.


Dan Aiello reports for the Bay Area Reporter and California Progress Report.

Ammiano Seeks New Moral Compass for California’s “Failed” Prisons

Posted on 04 December 2012
Printer-friendly versionPrinter-friendly versionSend by emailSend by emailBy Dan Aiello
In the wake of California’s election last month where voters passed two propositions aimed at reducing the number of inmates in California’s overcrowded prison system, the State Assembly’s Safety Committee Chair says he will introduce major prison reform this session targeting a correctional system failure rate that persists as the highest recidivism rate in the nation.
“With voters approving both propositions 30 and 36, I believe we are in a position to achieve significant prison reform to reduce our failure rate and begin decreasing our prison population,” San Francisco Democrat Assembly member Tom Ammiano told the California Progress Report recently.
“It’s not going to be easy as the issues that affect our prisons and inmates are complicated and numerous, but I believe we can achieve real reform if we are determined, strategic and remain focused on that goal,” Ammiano said.
Proposition 30, along with providing funding to California’s educational system, also will provide funding to local jails. These funds are intended to offset the cost city and county jails will incur as a result of the inmate population increases under the realignment plan which Governor Jerry Brown (D) introduced after a Federal court ruled California’s overcrowded prison conditions amounted to “cruel and unusual punishment.”
Voters also passed proposition 36, amending the state’s tough on crime “Three Strikes” law largely attributed with tripling California’s inmate population within a few years of its passage. While the “Three Strikes” law was championed by conservative lawmakers, those same politicians opposed all legislation aimed at offsetting the cost to the state for the surge in inmate population that “Three Strikes” produced. As a result, California’s existing prisons became grossly overcrowded and increasingly dangerous for inmates. With no hope for a political solution, the state’s correctional system remained in crisis until a Federal court intervened last year, forcing state lawmakers to approve a plan to reduce the population.
“Thankfully, prop 36 reduces the number of those eligible for three strikes to only criminals who have committed serious offenses and not something like missing an appointment with a parole officer,” stated Ammiano, who said the state’s prison population actually began increasing “when Reagan closed the state’s mental institutions.”
But Ammiano, the legislator who has fiercely sought to decriminalize marijuana while advocating its taxation as a revenue source for state government, said it was the use of state prisons “as our weapon of choice in the wars on drugs, the mentally ill and the homeless – yes its increasingly illegal in this state to be homeless” that was the biggest contributor to a prison population that has until realignment seemed uncontrollable.
“As the state’s prison population rose, bad ideas flourished as a result,” Ammiano told CPR. “The same attitudes that said, ‘let’s just build more prisons,’ took money away from mental health, educational, vocational and rehab programs offered inside our prisons and outside to parolees.”
“Well duh,” Ammiano mocked, “we did everything to increase our prison population and the CDCR’s failure rate. Why are we surprised?”
In an annual report on the nation’s recidivism rates by state, 2012 saw California continue to lead by an increasingly wide margin the percentage of released felons who are re-incarcerated on new charges. The annual recidivism survey comparing how state correctional systems perform at successfully re-integrating their inmates has continued to rank California’s correctional system the worst failure rate, and by a large margin.
Just as the performance of the state’s educational system is assessed by the number of graduates and their test scores, the recidivism rate of the California Department of Corrections and Rehabilitation reflects the system’s success at returning inmates to society by providing the percentage of parolees re-incarcerated within three years following their release.
Inmates released from California prisons are at least 20 percent more likely to be arrested and returned to prison then the second worst state, and up to 45% more likely to be back behind bars as their counterparts in the state with the lowest recidivism rate.
While in the past Californians largely blamed the individual for his or her return to prison, such empirical evidence, while not exonerating California inmates of all culpability, does shift the focus of reform efforts away from the incarcerated and toward the correctional and justice systems, including the purpose of incarceration, the experience of those incarcerated and even the crimes for which California has deemed incarceration an appropriate punishment.
“They took the money set aside for programs like Restart aimed at employing the ex-felons and used it to build more capacity for prisoners,” said Ammiano, suggesting a high rate of recidivism was the inevitable result of that strategy.
Additionally, Ammiano said that by sending the perpetrators of victimless crimes – such as someone possessing a small amount of marijuana – to overcrowded prisons, Californians inadvertently increased the number of potential felons and repeat offenders, as otherwise crime-naïve individuals were prosecuted for smoking pot and found themselves in highly tense and dangerous overcrowded prisons, which Ammiano referred to as “gladiator academies.”
“We’ve sent otherwise law-abiding citizens to prisons that were essentially gladiator academies, where an inmate is forced to choose between being a victim or victimizing others.”
Ammiano, whose legislative record has shown fiscal prudence, pointed out that California’s recidivism rate in 1980 was just 32% compared with 71% today. California currently pays more than $72,000 per prisoner per year. Reducing today’s prison population by 10% would result in a $233 million dollar per year savings, 20% would result almost a half billion dollar savings to the state’s general fund, so Ammiano says it is in the interests of both the fiscal conservative and the progressive politician to support prison reform that results in a smaller prison population, both at the state and county levels.
Assemblyman Ammiano cited a recent international magazine article where San Francisco’s Chief of Police pointed out that the City and County of San Francisco’s $422 million dollar jail budget had only a few million allocated for parolee re-entry, drug rehabilitation and mental illness programs.
“We need to start moving money toward Restart and other re-entry programs,” said Ammiano. “We need to address mental illness as just that, not as crime. It’s just not right that we have criminalized being mentally ill in this state. We’re smarter than that. We know better about these things now.
“There’s no question that our correctional system is a failure,” Ammiano told CPR. “Even by comparison to other correctional systems, it’s a failure. But the reasons our prisons are failing are beyond their control and I would challenge anyone who would look to blame our prisons, their staff or the staff of the CDCR. The reasons our system is failing are our laws, our budget priorities, our justice system and a host of reasons we need to address that are outside the authority of the CDCR. That’s why I intend to introduce legislation to move us forward, further forward than the governor’s realignment which has slowly begun to turn the tide on our prison population,” said Ammiano.
Assemblyman Ammiano said he plans to visit Pelican Bay, the site of last year’s hunger strike by inmates.

Tent City Time in Santa Cruz? Salnas says Yes.

Humble Surroundings: Cory Meek (left) and girlfriend Rita Acosta stand outside 
of Soledad Street’s Tent City on Christmas Day.

Humble Surroundings: Cory Meek (left) and girlfriend Rita Acosta stand outside of Soledad Street’s Tent City on Christmas Day. Arvin Temkar

Stable Shelter

Salinas homeless build a rules-driven tent community on Soledad Street.

Arvin Temkar

Thursday, January 3, 2013

It’s Christmas on Soledad Street. “Festive” isn’t a word normally associated with this part of Salinas, where crates and tarps substitute for homes, and worn buildings hover stonily over drug deals and fights. And yet, even in this refuge of the desperate or addicted, there is evidence of holiday cheer.
Marking the entrance of Tent City is a Christmas tree, adorned with red and gold ornaments and battery-operated lights. Barely taller than the tents themselves, the tree is a point of pride for the residents who live here.
Tent City, also known as Tents by the Gardens, is a collection of about 20 tents and 30 or so people occupying a corner of an otherwise empty lot. Next to the lot is a garden, maintained by CSU Monterey Bay students involved in the university’s service learning program.
Residents are careful to distinguish their living area from the other illicit encampments that have mushroomed around Soledad Street’s Dorothy’s Kitchen, a gathering point for the city’s homeless. Tent City is a community.
Further into the encampment, more signs of Christmas. A few bright stockings hang above the doorway of a spacious gray tent, and inside, over a cabinet, there’s a wall clock with a drawing of Santa and his sleigh. A pillowcase on the mattress that was found in a nearby dumpster says, “Merry Christmas.”
“Christmas is my favorite holiday,” says Rita Acosta, who lives in the tent with her boyfriend and two dogs, Princess and Prince Charming. “Just because I’m here doesn’t mean I’m not going to celebrate.”
Acosta, 45, and her boyfriend, Cory Meek, are leaders in a movement to organize some of the homeless on this street. Their mission: To create a safe environment in which they won’t be bothered by the police or neighboring derelicts.
Tent City is about two months old. It was started after the last “sweep,” when police forcibly uprooted the clusters of tents that had sprung up on the street and its alleys.
But it’s also possibly part of a cycle: Tents and jerry-rigged homes crop up, and eventually degrade into dens of drug-use and filth. Someone calls the cops, the cops kick everyone out, but sooner or later people come back.
Tent City wants to break that cycle, at least for its own people. The residents – mostly couples, but also a few single women who want the protection of a group – think if they can prove that they’re responsible, the city and the cops will leave them alone, and maybe even help them out.
To ensure orderliness, residents must respect a few basic ground rules: no visitors after 10:00 pm; no drugs or fighting in or around tents; respect your neighbors; no harassing any tent neighbors or visitors; no clutter or garbage outside of tent area.
So far the rules seem to be working. The community has already kicked out a couple of residents who were using drugs, Acosta says. And, the lot is clean, compared to surrounding encampments. In front of Acosta’s tent is a small trash can, and there are other larger ones scattered about between tents.
Another major element is safety, which means no unwanted guests. Residents say they feel safe for the first time in a long while, knowing they’ve got others to watch out for them. It may seem strange, residents say, but petty thieves prey on the homeless too.
Professionals who work with the homeless on Soledad Street know little about the movement.
“I would really say that’s an emergent organic leadership that’s coming to the fore, more than anything we’ve instigated,” says Seth Pollack, director of CSUMB’s service learning program.
Acosta says residents got the idea after attending a meeting of the Salinas Downtown Community Board, a homeless advocacy council now working to get portable toilets for Soledad Street.
During the meeting there was talk of the Dignity Village, a city-recognized encampment in Portland, Ore. Acosta hopes Salinas will follow suit and partner with residents to create temporary shelters that will allow them to get on their feet without fear of getting caught up in another sweep.
She says not everyone on the streets is an addict – she was the victim of housing fraud, and lost her home and her job. Others in the community just want to be left alone, and not be mixed up with the roughhousers elsewhere on the street.
Dorothy’s Kitchen coordinator Rick Slone believes the effort could bring public empathy to the plight of the homeless – a step in the right direction. But he isn’t confident the plan will work, at least not before the next sweep. There are a number of issues with the lot Tent City occupies, not least of which is the toxic lead beneath the ground.
Residents say if they get swept away, they’ll just restart the encampment.
“I think it’s really cool everyone’s come together and banded together as a community,” says DJ Olf, 25, who says he’s been homeless in Salinas since February. “We all kind of look out for each other as family, which is a really rare thing among homeless people.”

http://www.montereycountyweekly.com/news/2013/jan/03/stable-shelter/

Right-wing Fresno Moves Ahead of “Liberal” Santa Cruz: Editorial in the Fresno Bee

28 Dec 2012

NOTE FROM NORSE:   Santa Cruz authorities–instead of focusing on the winter emergency for homeless people, the rising death rate, the shelter scarcity, and the increasing vigilante and police abuse of homeless people–are giving credence to “feces, needles, violence, and crime” mythology.  These issues are used by groups like Take Back Santa Cruz, Santa Cruz Neighbors, and the Downtown Association to forward their political schemes of criminalizing poor people and driving the visible homeless out of town.
Clearly what we need is a successful lawsuit like the one Fresno activists successfully pressed back in 2007.  Getting attorneys to take such a lawsuit depends on having lots of video and first-hand testimony about authorities destroying homeless gear.   I’m making a public records act request to determine how much property was picked up and actually stored last year.  If you have information, complaints, or want to help, please contact HUFF at 423-4833.



EDITORIAL: Judge allows homeless suit back into federal court

Thursday, Dec. 27, 2012 | 10:15 PM
We are ending a joyful holiday season of mercy, charity and compassion this week with Fresno being held accountable for its treatment of the poorest among us: the homeless.
U.S. District Court Judge Lawrence J. O’Neill ruled Wednesday that the fundamental issues of a lawsuit filed by people who alleged the city violated their rights will go forward. The city had asked that the case be dismissed.
The judge found that there is reason to bring this case to trial. His decision raises several questions:
Did the city violate a 2008 federal-court settlement over previous cleanup sweeps?
Did the city put the health and safety of the homeless in danger when it destroyed some shelters last winter? Does the timing during harsh weather reveal ulterior motives?
Answers to those and many other points will be considered in court while the evidence is heard.
There is a big problem in this city. Officials paid out $2.3 million in taxpayer funds to address previous violations. If the new rules were not followed, we could pay again.
Progress has been made since 2008. The city’s progressive philosophy of providing housing for the homeless and stabilizing their lives is commendable, but it cannot be the city’s only course of action. The officials also must attempt to solve the difficult problem of where the homeless live before they find housing.
Homelessness is a daunting challenge for major cities across America and Fresno is no exception. Just look anywhere in town — north, south, east or west — and it is clear that despite many worthwhile public and private efforts we see people living on the streets.
Constant vigilance is required. Encampments spring up with 10 people and within weeks, there can be colonies of shanties with dozens of residents. Nevertheless, the city must make every attempt not to put people in harm’s way while clearing homeless camps. In winter, inclement weather affects the health and safety of those without roofs over their heads.
Mayor Ashley Swearengin needs to ensure that all staff members at city hall are aligned in making the health and safety of the homeless a priority.
This is not only a question of mercy, charity and compassion but of law.

NOTES FROM FRESNO ACTIVISTS:

Kelly Borkert

I read it as a CYA attempt to distance themselves from the C of F policies they have reported upon so uncritically in the role of stengrapher. Literally.
I wish I could raise my expectations. I’ve seen their editorial and opinion pieces over the last 6 or 8 years. They are in danger of being blamed for whatever the City has led us into.  A little plagiarism and they look so much better, today. Just remember the differences between a mountain king and a coral snake. I wish them the best in their recovery.  and all of you a great new year!
kelly
Nancy Waidtlow

The emphasis on putting the homeless in harm’s way seems new. Different from just destroying their belongings. Sounds like a big step.

 Mike Rhodes
You know I’m a critic of The Fresno Bee’s coverage of homeless issues and most of their editorials.  That is why I was so pleased to read their editorial about the lawsuit in this morning’s paper.  In one form or another, this is what I have been saying for the last several years.  The text of the editorial is below.  Also, the link to the online version is here:

Mike Rhodes  Editor  Community Alliance Newspaper

Santa Cruz’s Hostility-pitality Squads Seem to Be Part of a Nation-wide Anti-Homeless Effort

28 Dec 2012

NOTES FROM NORSE:  Berkeley is plagued with its “Ambassador” program–critiqued below by long time activist and singer Carol Denney.  Santa Cruz has its “Hosts”, “Hospitality”, or “Hostility-pitaility” Program.  Described as “the eyes and ears of the police”, the hosts, most particularly one named Denise Miller, has been accused repeatedly of aggressively hostile behavior towards homeless people, street performers, and other low-income folks trying to socialize on Pacific Avenue here.
Our own Downtown Association [DTA] seems to be similarly implicated in funding this para-police program–sort of a friendly fascism–which attempts to “gently” enforce “quality of life” amendments to the Constitution created by the DTA, the Santa Cruz Neighbors, Take Back Santa Cruz, and other nasty anti-homeless groups.
Recently D. Miller has been accused of repeated harassment of street performer and jewelry (and local Cabrillo student) Brianna Brewer.  Brewer recently won a case in court that overturned Miller & SCPD Sergeant Bush’s unlawful criminalization of emotional support animals on Pacific with police retaliating immeidately against Brewer with a higher level of harassment, ticketing, and charging (misdemeanor “disturbing the peace” for denouncing Miller’s continued harassment).
We need the kind of analysis locally that Denney has done for Berkeley.  We also need a Hostwatch, someone to follow and document the behavior of these yellow-and-black costumed folks and particularly zealous warriors like Miller seems to be.  Please contact HUFF at 831-423-4833 if you’d like to involve yourself in this project.

Ambassadors for Whom? Occupy Your Merchant Association, 12-11-12 (News Analysis)

By Carol Denney
December 18, 2012
A group of local activists (and occasional bystanders) joined in song to sing anti-Downtown Berkeley Association Christmas carols in the BART Plaza in an effort to bring awareness to the privatization of public space on Sunday, December 16th, 2012.

Ted Friedman
A group of local activists (and occasional bystanders) joined in song to sing anti-Downtown Berkeley Association Christmas carols in the BART Plaza in an effort to bring awareness to the privatization of public space on Sunday, December 16th, 2012.

Most people think they’re ridiculous, but harmless. They walk around downtown Berkeley in bright lime green shirts identifying themselves as “ambassadors”, a new version of an older program which hit the wall years ago as a kind of homeless patrol doling out “services” to some and calling the police on others. The merchant association claims the “ambassadors” work on making the downtown more welcoming.

Their green shirts in Berkeley have the logo of the Downtown Berkeley Association (DBA), which, along with the Business Improvement District (BID), contracts with Kentucky-based Block by Block to execute the program. Block by Block’s slogan is “Safety, cleaning, hospitality and outreach solutions for downtown improvement districts.” Block by Block currently runs 46 programs in cities from Akron, Ohio, to Yakima, Washington.

What do the “ambassadors” do? They sweep and pick up trash. They clean up graffiti, the definition of which apparently includes anything not officially written by the city or the Downtown Berkeley Association itself, which has the keys to a glass-covered information kiosk by the BART Station for their members’ use alone. If you put up a poster about your missing dog, they’ll tear it down within seconds claiming it’s illegal. They steam wash sidewalks so repeatedly that anyone carrying everything they own is likely to have their few belongings soaked and ruined. But that’s not all they do.

Block by Block “ambassadors” are not unionized. They’re paid considerably less than city maintenance crews and have fewer if any benefits, so one could argue that they save the city money, albeit at the expense of city workers. But their assignment is wider than picking up the occasional fast food wrapper:



“The largest drivers of negative perceptions are frequent low level quality of life crimes. Our ambassadors are a significant part of a proactive safety and security strategy to challenge unwanted activities.”[1]

Years ago, when Berkeley’s Downtown Berkeley Association changed its name from the Downtown Business Association, it lamented that most merchants were unwilling to call the police and sign formal complaints against “problematic street behavior,” behavior which was not specifically criminal but which they felt might discourage shoppers. They even created signs for merchants with a circle with a line through it over an out-stretched hand in an effort to encourage both merchants and customers to call the police on a special phone number if they saw examples of “problematic street behavior” assumed to depress business.

The outrage over the public funding of this effort to target the homeless, who are obligated to exist in public and more often the victims of than the perpetrators of crime, eventually gave birth to Berkeley’s Business Improvement District (BID), a private entity which levies an assessment from the property owners within its geographical confines as well as an assessment from the city itself (and thus the public) from public spaces such as plazas. In this way, what was once a public common space becomes a revenue source for the privately run and utterly undemocratic entity, the BID, which then patrols public space and regulates public behavior.

Business improvement districts began in the 1960’s and are now a worldwide phenomenon. Enabling legislation at the state level sets the stage for the local business improvement districts, according to Paul Boden of the Western Regional Advocacy Project, one of the few groups which has made a specific study of BIDs. Only 51% of the property owners within the district’s confines are required to create a BID, and in some places the threshold is as low as 31%.
Block by Block’s particular genius was in crafting a program model that could then be plugged into any town’s BID.

“They have a plan, and the plan is to gentrify downtown and make it like a shopping mall,” states Boden. “They’re self-perpetuating in that they found a funding stream that is pretty fucking limitless.”

Berkeley’s DBA tried twenty years ago to criminalize panhandling with a law that was first overturned by an outraged public’s referendum, then put on the ballot by a council majority, then passed in the next election by a bare majority of voters, and finally tossed out by the courts as unconstitutional. They probably counted on that same bare majority of voters to pass an anti-sitting law, underestimating both Berkeley voters’ common sense and a small but dedicated group of civil rights defenders.

The “ambassador” program has had previous incarnations. At one time it was a locally based program that, according to at least one former DBA board member, did occasionally connect homeless people with appropriate services. The decision to outsource it to Block by Block was not, according to the former member, a DBA board decision. The current DBA board tends to be populated more by large property owners than local business owners, and decisions once the province of the board tend today to be made by a smaller, less representative group, according to former staff.

The current “ambassadors” in the Block by Block model treat the poor on public streets as a nuisance. One “ambassador” was recently seen sweeping repeatedly around the feet of a woman wrapped in a blanket on a bench who had all her belongings with her. He swept immediately to her right, then right under her under the bench itself, then immediately to her left, then under her under the bench again, continuously sweeping inches from her body. It’s safe to suggest that no well-dressed bench sitter would be similarly treated.

Some of the Block by Block staff was formerly on the street themselves, which the DBA suggests helps establish rapport with poor and homeless people. But the mission, according to former DBA staff, has moved away from connecting people in need with services and toward “moving homeless people out of town,” a mission at considerable odds with developing rapport. Boden says this is not unusual. The mission of a BID, he says, is to create the same atmosphere as a shopping mall.

“Take that environment and take that kind of control and plop it down in your downtown. That’s what a BID is for,” says Boden. There are seven or eight BIDs in San Francisco. There are 37 in Manhattan.

If you’re a downtown merchant obligated geographically to pay a fee to the Business Improvement District and you oppose the discriminatory policies aimed at the poor, you can object aloud, of course. You have to be brave enough to weather the potential backlash from the merchant association and participating businesses, some of which might be enthusiastic about relocating the homeless. Business is tough, after all, and the homeless are easier to target than something as nebulous as the economy. The popular narrative that groups of transient youth, panhandlers, and homeless people ruin business is not supported by fact, nationally or locally, but it is the primary narrative you’ll hear from both the DBA and, with the exception of Kriss Worthington, Max Anderson, and Jesse Arreguin, the Berkeley City Council.

“Ambassadors” are not shy about relocating unwanted groups. It’s their job to engage with people whose “unwanted activities” are not necessarily prohibited by law, but are presumed to depress the vitality of a commercial district, according to Block by Block’s guidelines. It may well be difficult to spend several hundred dollars on an evening of dinner and theater without feeling guilty when you have to pass people living as best they can on the street. But the most guilt-ridden downtown shopper should be revolted by the idea that public streets are being cleared for their personal comfort. Clearing the streets of people in need deprives them of their right to exist in public space, and also deprives the larger community, both wealthy shoppers and the rest of us, of the opportunity to see and respond to human need, to realize its scope and take action.

The DBA describes transient youth, panhandlers, and homeless people alike as addicted to drugs and threats to public safety, as the failed anti-sitting law (Measure S) campaign literature made clear. The Measure S language criminalized all sitting by everyone between certain hours, even a kid on a curb with an ice cream cone. Questions about the absurdity of this were met with the assurance that the law would not be used against “those” people, raising additional issues of discrimination. But the point remains that demonizing poor and homeless people helps smooth the way for discriminatory laws, discriminatory practices, and a population deaf to honest human need.

Dr. Davida Coady, director of Options Recovery in Berkeley, defended Measure S’s extreme language without embarrassment on KQED’s Forum show before the fall election, rejecting the idea that anyone sitting on Berkeley’s streets might be just resting for a minute and enjoying the weather.

The city council, even if motivated to do so, would have little control over a BID, which is a private and privately funded entity. But Berkeley’s ambassador program does get some public funding. The BID goes before the Human Welfare and Community Action Commission in January hoping for $195,000 from the general fund. If Block by Block’s strategic plan is working, there will be a rash of complimentary articles published just before the funding meetings which make the “ambassadors” look like compassionate saints and the Block by Block program seem essential to commercial districts’ success. Most newspapers, strapped for local copy, will print the press releases without question.

A May 2011 City of Berkeley report on the “Public Commons for Everyone Initiative” describes the “ambassadors” as having made “a marginal change, if any, in the overall quality of life in the Telegraph and Downtown areas.” This may mean a further reduction in funding for the controversial program, or it could mean an even more determined effort to criminalize some other aspect of homelessness now that Berkeley voters rejected the anti-sitting law.

Those who oppose local efforts to make public spaces the sole territory of well-heeled shoppers need to recognize that as revolting and undemocratic as the local politics of greed-based legislation can be, the local campaigns against the poor are just examples of a national program systematizing those efforts coast to coast. Block by Block may tailor Akron’s program slightly differently than Yakima’s, but the same model is being used nationwide to make sure property owners, often the largest donors to local political campaigns, govern downtown priorities. Berkeley’s Measure S, the most expensive campaign in Berkeley’s history, was funded almost entirely by large property holding companies which play an influential role on the DBA board and whose representatives were, according to a former staff member, inspired by San Francisco’s voters’ passage of Measure L, the San Francisco anti-sitting law.

Measure S may have been defeated in Berkeley, but the political pressures that created it are alive and well. Should business interests play the largest role in creating legislation? What can a community do after watching over $120,000 in Berkeley wasted trying to convince people that simply sitting down should be a crime, noting that around 40% of Berkeley’s voters supported doing just that?

Awakening the public and the media to Block by Block’s and BIDs’ tactics are part of what a concerned community needs to do to combat the juggernaut of systematic efforts to attack the human rights of the poor. The other component is leadership that simply refuses to scapegoat the poor, the real victims in both good times and bad. There is a very tangible human cost to allowing greed to play the largest role in our community and our legislative priorities.

Where Fresno leads, will Santa Cruz follow?

Where Fresno leads, will Santa Cruz follow?
27 Dec 2012

Santa Cruz authorities now claim that they are “storing” seized homeless property.  However, many accounts from homeless people whose property has been seized in the “surge” of anti-homeless “camping” (i.e. survival sleeping) tickets over the last year.  Activists peacefully protesting these activities or trying to find alternatives have themselves been the subject of criminal prosecutions under PC 647e (“lodging”).  Others, like myself, face actual felony charges for reporting on or supporting the 3-day occupation of a vacant Wells Fargo bank building last year.  Local Santa Cruz attorneys and activists need to be aware of this successful Fresno lawsuit–and the earlier one in 2007.  Hard to believe that Fresno is more liberal than Santa Cruz.


From: Mike Rhodes
Subject: [FresnoHomelessAdvocates] Lawsuit by Fresno homeless survives challenge

John Ellis wrote an article about the homeless and the lawsuits that have been filed against the City of Fresno.  The article is on the front page and above the fold.  See below.  If you want to read comments to the article, go to: http://www.fresnobee.com/2012/12/26/3114092/fresno-homeless-suit-survives.html
If anyone has been wondering why I have not been around lately, it is because I’m spending most of my time these days working on this case.

Mike Rhodes
Editor
Community Alliance Newspaper
PO Box 5077
Fresno Ca 93755
(559) 978-4502 (cell)
(559) 226-3962 (fax)
editor@fresnoalliance.com
www.fresnoalliance.com


Lawsuit by Fresno homeless survives challenge

By John Ellis – The Fresno Bee

Wednesday, Dec. 26, 2012 | 11:19 PM

A lawsuit filed by several homeless Fresno residents claiming the city violated terms of a 2008 federal-court settlement over cleanup sweeps has withstood a significant legal challenge.
In a 53-page ruling issued Wednesday, U.S. District Court Judge Lawrence J. O’Neill struck down some of the lawsuit. He also dismissed other parts but gave the plaintiffs the right to refile those claims.
The heart of the lawsuit, however, survives.
The city had asked O’Neill to throw out the entire lawsuit.
Instead, the judge allowed some arguments to continue — including whether the city put homeless in danger when it destroyed some shelters just as the winter of 2011-12 was beginning.
“I think it was a very thoughtful decision,” said Paul Alexander, the Palo Alto-based attorney who is leading the effort on behalf of the homeless. “We view all of the claims that have been upheld as very important. Judge O’Neill’s decision has also added clarity to the case, which is also important and which we appreciate.”
Francine Kanne, Fresno’s interim city attorney, said Wednesday that she hasn’t had a chance to analyze the ruling. But she noted that the court did “pare down a portion of the complaint and simplified some of the claims.”
She said the city should have a better idea where it stands after seeing if the plaintiffs address issues O’Neill threw out, but where he allowed amended claims to be filed.
O’Neill didn’t rule on the merits of the claims — only which claims can proceed.
The legal arguments moving forward could be similar to those of a 2006 lawsuit filed against the city by several homeless residents. In that lawsuit, the two sides reached a $2.3 million settlement over allegations that the city’s cleanup sweeps violated homeless residents’ Fourth Amendment rights, which protect against unreasonable searches and seizures, and their 14th Amendment rights to due process.
That initial suit arose after the city immediately destroyed possessions of homeless who weren’t present during the sweeps.
In this latest ruling — in which the city sought a dismissal — O’Neill acknowledges the ties to the earlier suit, saying this new lawsuit “cannot be understood in a vacuum, as the city of Fresno and its homeless population have a history of conflict and litigation.”
As part of that earlier settlement, the city agreed that for five years, it would adhere to an order that laid out in detail how and when the city could clean up homeless encampments. Part of the order said the city could not destroy “materials of apparent value which appear to be the property of any individual.”
The latest lawsuit alleges that homeless residents suffered financial, physical and emotional damage from the destruction of their tents and personal items, and that the city didn’t properly store property of the homeless.
It also says city officials didn’t properly notify the homeless for some cleanups.
In its motion for summary judgment, the city sought to kill the lawsuit, or to at least chip away at its foundation. Besides the city, Mayor Ashley Swearengin, City Manager Mark Scott, police Chief Jerry Dyer and others are named.
But Alexander said the important parts are still in play. Those include not only claims that the city seized and unlawfully destroyed homeless residents’ property, but also a due process claim that the city’s actions threatened “the safety and ability to survive of the homeless people whose shelters were destroyed just as the winter of 2011-12 began.”
In permitting that due process claim to stand, O’Neill’s ruling cites “danger creation” liability.
The ruling cites a case in which a state trooper determined that the driver of an automobile was intoxicated. The trooper arrested the driver and impounded the car. A woman passenger was left stranded at the scene late at night in a known high-crime area. She accepted a ride from a passing car and was raped.
Since that case, the ruling notes, the 9th Circuit U.S. Court of Appeals has held state officials liable “in a variety of circumstances for their roles in creating or exposing individuals to danger they otherwise would not have faced.”
The case O’Neill ruled on is one of 33 similar cases filed by 38 homeless people in Fresno’s federal court. The cases have been consolidated as they make their way through the court system.
What is still unknown is whether any of the homeless plaintiffs have any evidence to back up their legal claims. Fresno sought to have the case dismissed on legal grounds before any evidence has been presented.

No jail time for Santa Cruz County woman convicted of unlawfully lodging during Peace Camp 2010 demonstration

By Jessica M. Pasko

Santa Cruz Sentinel:   12/06/2012


SANTA CRUZ — An advocate for the homeless convicted last month of illegal lodging won’t serve jail time, a Santa Cruz County judge ruled Thursday.

Linda Lemaster could have faced up to six months in County Jail for her conviction of one count of unlawful lodging, a misdemeanor. Judge Rebecca Connolly chose to sentence her to six months on a conditional sentence and ordered her to pay $590 in fines and fees, which she said could be paid through community service hours instead. A conditional sentence is essentially like probation except through the court rather than the county’s probation department.
Jurors found Lemaster had violated the law by staying outside the county courthouse on Aug. 10, 2010 along with people participating in the Peace Camp demonstration, which was aimed at protesting the city’s anti-camping ban. At trial, Lemaster testified that she hadn’t been sleeping outside that night and that she had no intention of doing so.
She and her attorneys maintained that she stayed at the courthouse that night to look after a demonstrator who was ill. Because of her chronic back problems, she said, she was at least partially lying down when deputies arrived and someone had placed a blanket over her.
Prosecutor Alex Byers on Thursday acknowledged Lemaster’s work on behalf of the homeless, but said “we’re not here today because of homeless problems.”
“It’s sad, anyone with a heart considers that,” Byers said, but added, “It’s about the law. Santa Cruz is a very tolerant place but that tolerance has limits.”
The tolerance doesn’t extend to situations where the right to demonstrate infringes upon the rights of others, he said, explaining that the three-month long demonstration brought health risks, property damage and limited access to the county offices for the public. It also cost taxpayers for cleanup and security costs, he said.
“You don’t get to break the law because you don’t agree with it,” the prosecutor said.
Under state law, a person “who lodges in any building, structure, vehicle or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it,” can be found guilty of a misdemeanor.
Byers did not ask for jail time, instead proposing Connolly sentence Lemaster to 40 hours of community service and a three-year conditional sentence.
Lemaster told the court she thought her trial had focused too much on the entire Peace Camp 2010 demonstration rather than on her individual actions. She said that while she accepts the consequences of her actions, she believes the ultimate responsibility lies with the government, which has failed to take care of its people and presented the need for such demonstrations.
Lemaster’s supporters filled the courtroom for the Thursday afternoon sentencing hearing.
“The principles on which this case stood are clearly very important to the community,” defense attorney Jonathan Gettleman said.
Gettleman said the idea of community service as a sentence for Lemaster was “ironic” given that his client’s life revolves around providing services to the community and working for society’s most vulnerable.
Connolly acknowledged the real issues involved with homelessness, but said that Lemaster’s act of civil disobedience was her choice and it carries consequences.
“I do appreciate the efforts made … it served as a vehicle to challenge the consitutionality of the law,” she said.
Gettleman said he plans to appeal the conviction




COMMENTS:  .

Robert Norse · Top Commenter · 65 years old

      Wild exaggerations about PC2010’s “damaging” activities were irrelevant and prejudicial, but apparently welcomed by Judge Connolly whose many biased decisions allowing prosecution material in after deadline, refusing to allow the defense to add the full context of Linda’s blog, and other errors will be addressed on appeal.
      Meanwhile it was clear that the smear job the prosecution put on had nothing to do with Linda’s presence there but attempted to confuse the jury with the longer protest (which itself received no littering or vandalism citations, much less prosecutions).
      The Sentinel writer might have noted that Linda testified under oath that she tried unsuccessfully to get clarity from the deputy who told her to leave whether she could still be there as a protester without “occupying” as presumably is guaranteed by the Constitution (and was allowed for others).
      This trial was an ex post facto rubberstamping of deputy behavior in getting rid of a political protest without using a legitimate process or finding any real crime. Kind of familiar these days.

womanofsteel222 (signed in using yahoo)

       Showing how capricious and arbitrary the District Attorney’s office has become, in May 2011, a different judge sentenced 2 men convicted of the same “lodging” charge with 400 hours community service. When they refused, the Judge threw them both into jail for 6 months on the spot.

Sarasota’s ACLU claims police target homeless; refer to themselves as ‘Bum hunters’

NOTE FROM NORSE:  Santa Cruz’s Police Chief Kevin Vogel strode around with four stars on his uniform in full regalia at the “Smart Solutions” Homelessness Summit Saturday,   When not dolled up, he presided over six months of intensified crackdown on homeless people’s camps, property, and liberty–in a city that has shelter for less than 5% of its homeless, as well as making 200 people homeless on December 8th last year with a full-scale attack on a homeless campground, for which he offered no substitute.

He has colluded in creating felony prosecutions for homeless activists, reporters, and supporters of the Occupy Santa Cruz movement–some of  whom dared with hundreds of others to walk through a vacant Wells Fargo bank building which was being temporarily occupied to create a Community Center last year.

Also at the “Homeless Summit” was D.A. Bob Lee who has pressed charges against the Santa Cruz Eleven for “aiding and abetting” the occupation there–they face 7 years in prison each (charges against 4 have been dismissed and not yet refiled).

The Santa Cruz ACLU, while criticizing (rather weakly) the SC-11 prosecutions, has said not a word about the crackdown on homeless people, the creation of curfew zones around the courthouse, county building, city hall, library, and police station, the attacks on food server and street performers, and the city wide Sleeping Ban.

Even activist Steve Pleich, who founded (and largely constitutes) the Homeless Legal Assistance Project and sits as vice-chair of the ACLU has not chosen to raise these issues, brought to the ACLU Board of Directors repeatedly by myself and others.

Other ACLU’s in California have undertaken lawsuits against these practices.  Santa Cruz can’t even get its ACLU to make a simple verbal statement.

Sarasota’s ACLU claims police target homeless; refer to themselves as ‘Bum hunters’

6:07 PM, Nov 27, 2012   |

Sarasota, Florida-  The ACLU claims the City of Sarasota is at war with the homeless. ACLU attorney Michael Barfield claims there is a culture of contempt and abuse of Sarasota’s homeless by the police department.

According to attorneys, arrests of homeless individuals sleeping outside are up to 111 between January and September compared to just four last year.

Barfield says, “We ask appointed and elected city leaders to end the city’s war on the homeless.”

From the front lawn of Sarasota City Hall, ACLU representatives say there is a pattern- a culture of harassment of the homeless within the Sarasota Police Department.

“Internal police text messages reveal a practice of targeting the homeless. Some refer to it as ‘bum hunting,” says Barfield.

The ACLU released electronic messages from August where a police officer allegedly text another officer, “I’m the Bum Hunter tonight.”

In September one officer appears to ask another “Can you check Island Park for transients? Cite them city code if found.”

Transcripts also show an officer joking about dressing up like a “bum” with wig and a bottle of rum.

Captain Paul Sutton with the Sarasota Police Department says he had not heard about these texts until today’s press conference.

“It is unacceptable behavior. I can tell you the Sarasota Police Department does not hunt homeless people, in fact we do the opposite. We provide services to homeless people.”

Police officials say since 2004 they’ve helped more than 2,500 homeless- either as crime victims or with provided services for drug abuse, mental health or housing.

City Manager Tom Barwin says these are isolated comments that are being exploited by the ACLU.  Barwin adds the ACLU never notified city officials of the press conference until 10 minutes before it started.

“To set the record straight, for those who don’t know this community raised millions of dollars, 10 million to address homeless needs,” says Barwin.

He listed the Salvation Army where the homeless can get a meal, a place to sleep, a shower and receive substance abuse treatment as an example. He also lists the Resurrection Home that provides laundry and meals.

A few homeless attended the press conference with their own suggestions.

“Why call me a bum unless you try to give me a job,” says James Franklin, Jr.

Cindy Edlund would like to see more services targeting substance abuse. She says, “Let’s work on prevention; there’s been a stalemate.”

Sarasota’s city manager challenges the ACLU to raise half a million dollars to help with the homeless substance abuse problem and come to the table with solutions instead of more litigation.

The ACLU is in the middle of a class action suit against the City for their alleged use of its trespassing ordinance to single out the homeless.

Isabel Mascarenas

HEAR MORE AT http://www.wtsp.com/news/local/article/284302/8/Sarasotas-ACLU-claims-police-target-homeless-