Two From Monterey County

NOTES BY NORSE:  [See below]

Monterey City Council to look at homeless problem

440 homeless people are in Monterey, says a 2011 census
By LARRY PARSONS   Herald Staff Writer
Updated:   04/22/2013 11:31:16 PM PDT

Amid increased public outcry about the city’s homeless population, the Monterey City Council will hold an evening study session Wednesday on the subject.

A 13-page council report prepared for the session says a 2011 census counted 440 homeless people in Monterey. It cautions that homelessness, unlawful behavior and activities affecting health and safety “are not one in the same and cannot be addressed with the same tools and strategies.”

The council session comes in advance of a first-time, Peninsula-wide “Hungry and Homeless in Paradise” conference to be held May 18 at Monterey Peninsula College.

The council report breaks down different groups of homeless people, looks at different ways of addressing the complex issue, notes what the city already is doing, and says public complaints about transients are on the rise.

“Most causes of homelessness are outside the the control of government agencies,” the report says. “There are no easy answers or solutions, only good intentions, inadequate resources and growing frustrations.”

The homeless population comprises the “truly homeless” who have suffered severe economic setbacks, persons with substance-abuse, mental-health or other traumatic problems, and growing numbers of young “travelers” living nomadic lifestyles, the report says.

The city itself — with its moderate climate, seasonal visitors with disposable income and beaches, parks and greenbelts — are “reasons for the area’s attractiveness



for people experiencing homelessness.”

City officials receive complaints “on a daily basis” from residents, tourists and the business community about the growing numbers of homeless, the report says.

“They report seeing homeless persons sprawled on the sidewalks, urinating in public and acting intimidating,” the report says. Areas particularly impacted are downtown, Roberts Lake and the Garden Road, the report says.

In response, the city has created a temporary three-member police team to maintain a presence in the areas most affected. But city officials also have received complaints from the public about “criminalizing poverty” and targeting the homeless, the report says.

The city has ordinances against aggressive panhandling, loitering, littering, consuming alcohol in public, trespassing and other “health and safety” issues, the report says.

But other measures — overnight parking prohibitions in certain areas, expanded no-smoking laws and making it a crime to sit or lie on sidewalks or other public spaces — likely will be brought to the council, the report says.

This year, the city allocated $123,060 in community development grant money to 13 agencies serving the homeless. That’s 50percent below last year’s funding level because of the elimination of local redevelopment agencies, the report says.

The report lists about two dozen suggestions received by city officials to respond to homelessness. They range from increasing city contributions to business groups for security to licensing panhandlers.

NOTES BY NORSE:

“Most causes of homelessness are outside the the control of government agencies,” the report says. “There are no easy answers or solutions, only good intentions, inadequate resources and growing frustrations.”
Actually, the government has lots of control. Consider the police and judicial amputation of basic legal and human rights that homeless people suffer as a class, such as sleeping bans, bogus “public safety” curfews in public spaces, twenty-first century vagrancy laws (which were actually declared unconstitutional 30 years ago in the Lawson case). These are directly a result of local government action– responding to the agenda of their police department, developers, right-wing bigots, or a reactionary merchant association.
Instead of low-income campgrounds, bathroom facilities, and the obvious amenities of civilization which should be publicly available, there’s the “scare ’em out of town or lock ’em up mentality”. Today in Sacramento Assemblyman Tom Ammiano’s AB 5—the California Homeless Bill of Rights—comes up for an initial Judiary Committee vote. See http://wraphome.org/?p=2953&option=com_wordpress&Itemid=119 .
“In response, the city has created a temporary three-member police team to maintain a presence in the areas most affected.” A brilliant response to the “urination problem”. I guess public bathrooms are out. Exactly how many 24-hour bathrooms are there in Monterey, and where are they located?

Salinas restaurateur admits beating homeless man, will get nine years

Will get 9 years in prison for attack with bat

By JULIA REYNOLDS   Herald Staff Writer
Posted:   04/22/2013 09:02:19 PM PDT
Updated:   04/22/2013 11:11:11 PM PDT
Click photo to enlarge

Robert DeLeon Entered no contest plea after new witness to attack came forward

In a stunning mid-trial turnabout, a Salinas restaurant owner accused of beating a homeless man with a metal bat admitted to assault charges early Monday that will mean nine years in prison.

Halfway through a jury trial that included costly expert witnesses rendering opposing opinions, Robert DeLeon, 43, entered a no-contest plea to charges of assault with a deadly weapon and causing great bodily injury leading to a coma in an attack on Ramon Anderson in October.

DeLeon is co-owner of XL Grindhouse on Main Street near the National Steinbeck Center. Prosecutors said he admitted he inflicted injury that caused Ramon Anderson, 55, to “suffer brain injury resulting in a coma.”

An additional charge of attempted murder was dropped as part of the plea agreement.

The sudden change in the trial’s course came about in a matter of hours on Friday.

Prosecutor Steve Somers said Salinas police Det. Arlene Currier received a message Friday from someone suggesting she speak with a possible new witness in the case.

It was the same day DeLeon testified that he never beat Anderson with a bat, something his attorney has contended since the trial began one week ago.

DeLeon admitted a fight took place, but said he only used fists in self-defense.

Currier had no phone number for the new witness, Somers said Monday, but was told where she could find him. She did so, and obtained a recorded interview that told a very different story, one that matched versions given



by another witness and Anderson.

Anderson testified early in the trial that he suffers from schizophrenia and was sleeping behind the restaurant when a customer called police and he was asked to leave the premises. He said he did, but was later walking on the sidewalk in front of the establishment when DeLeon came outside and attacked him.

The new witness, a regular customer of the XL Grindhouse, told Currier that he was “sitting in the restaurant,” Somers said. “He saw the defendant hit (Anderson) with a bat three times in the head.”
During the fight, Somers said, “DeLeon lost control of the bat but continued to attack Mr. Anderson, punching him and stomping on his head as Anderson lay on the sidewalk in a fetal position.”

He said the witness told Currier that DeLeon came back inside the restaurant carrying the bat, then looked at the witness and angrily told him to be quiet.

Two days later, Anderson was flown to a trauma center and underwent surgery to relieve swelling in his brain, followed by weeks in hospitals and convalescent homes.

With another week of trial looming on Friday, Somers said he quickly sent the recording to DeLeon’s attorney Brian Worthington.

Before the night was over, a plea deal was forged, Somers said.

Somers said this was only the second time he has struck a deal halfway through a jury trial.

He said the witness told Currier he never came forward because he thought investigators already had enough evidence.

Worthington on Monday said he didn’t want to discuss witness allegations that are not in evidence, and said he stands by DeLeon’s testimony about not using a bat.

“He’s been consistent with that,” Worthington said. He said corroborating testimony by forensic pathologist Dr. Joseph Cohen about Anderson’s injuries “more than showed that wasn’t the case.”

He said DeLeon did admit in the plea deal to using a bat because the sentence would have been the same whatever weapon was used, and it was more important to get the attempted murder charge off the plate.
“It was a reasonable compromise,” Worthington said. “What really made us move forward with a plea was the (acknowledgement) that Mr. DeLeon had absolutely no intent to kill.”

Somers had another take. Somers felt it met the legal definition of attempted murder, “But it was a tough charge to prove.”

Overall, he said, the plea deal was “an appropriate result.”

DeLeon was facing 15 years in prison, Worthington said, but the deal now stipulates the nine-year sentence. State law requires that DeLeon serve at least 85 percent of the term, and the conviction will count as a strike under California’s three-strikes law.

He is scheduled to be sentenced June 21.

His brother James DeLeon was also originally charged in the assault. He was later sentenced to felony

probation after he admitted to being an accessory after the fact when he lied to police officers about the beating.

It is unclear what will happen to the XL Grindhouse’s beer and wine license, which state records show is held by a company run by both brothers.

California law says convicted felons cannot own liquor licenses unless they are deemed “rehabilitated” through a lengthy court procedure.

Julia Reynolds can be reached at 648-1187 or jreynolds@montereyherald.com

NOTES BY NORSE:
Perhaps De Leon can start a chapter of Take Back Monterey in jail and link up with the militant Take Back Santa Cruz [TBSC] organization up North.

Anti-homeless hysteria generated by TBSC has resulted in the closing down of the only Needle Exchange program located in the city. They’ve amped up “Reefer Madness” and stopped a 2nd medical marijuana facility from opening [See http://www.santacruzsentinel.com/localnews/ci_23059432/santa-cruz-planners-consider-medical-marijuana-grow].

TBSC is pushing for more punitive police response, and recently sent a mob to pressure a local judge (successfully) into keeping an innocent man in jail (Ken Maffei) with the false charge that he stole flowers from a police memorial. See http://www.santacruzsentinel.com/localnews/ci_22843345/charges-dismissed-against-man-accused-stealing-flowers-from .

Today the Santa Cruz City Council is considering an anti-homeless curfew on Cowell’s Beach–the first beach “forbidden zone at night” ever–after a Drug Warrior gang of hysterical residents mobbed City Council and prompted it to vote behind closed doors to shut down the only Needle Exchange in town.

Nevada’s Therapy of Choice: Patient Dumping?

NOTE BY NORSE:   A  favorite Santa Cruz homeless-hostile comment by those who want to restrict the highly-limited homeless services available, intensify anti-homeless laws, and “crackdown” on homeless survival camps is that other cities in the country bus their homeless to Santa Cruz because of its “wonderfully permissible” and “enabling” policies.   In the two dozen years I’ve been an activist here, interviewing several thousand  homeless people since 1988, I’ve never had a homeless person volunteer that information about themselves.  If anyone has had that experience, please e-mail me at rnorse3@hotmail.com .

Nevada buses hundreds of mentally ill patients to cities around country

By Cynthia Hubert, Phillip Reese and Jim Sanders
chubert@sacbee.com
Published: Sunday, Apr. 14, 2013 – 12:00 am | Page 1A
Last Modified: Sunday, Apr. 14, 2013 – 7:58 am
Over the past five years, Nevada’s primary state psychiatric hospital has put hundreds of mentally ill patients on Greyhound buses and sent them to cities and towns across America.

Since July 2008, Rawson-Neal Psychiatric Hospital in Las Vegas has transported more than 1,500 patients to other cities via Greyhound bus, sending at least one person to every state in the continental United States, according to a Bee review of bus receipts kept by Nevada’s mental health division.

About a third of those patients were dispatched to California, including more than 200 to Los Angeles County, about 70 to San Diego County and 19 to the city of Sacramento.

In recent years, as Nevada has slashed funding for mental health services, the number of mentally ill patients being bused out of southern Nevada has steadily risen, growing 66 percent from 2009 to 2012.

During that same period, the hospital has dispersed those patients to an ever-increasing number of states.

By last year, Rawson-Neal bused out patients at a pace of well over one per day, shipping nearly 400 patients to a total of 176 cities and 45 states across the nation.

Nevada’s approach to dispatching mentally ill patients has come under scrutiny since one of its clients turned up suicidal and confused at a Sacramento homeless services complex. James Flavy Coy Brown, who is 48 and suffers from a variety of mood disorders including schizophrenia, was discharged in February from Rawson-Neal to a Greyhound bus for Sacramento, a place he had never visited and where he knew no one.

The hospital sent him on the 15-hour bus ride without making arrangements for his treatment or housing in California; he arrived in Sacramento out of medication and without identification or access to his Social Security payments. He wound up in the UC Davis Medical Center’s emergency room, where he lingered for three days until social workers were able to find him temporary housing.

Nevada mental health officials have acknowledged making mistakes in Brown’s case, but have made no apologies for their policy of busing patients out of state. Las Vegas is an international destination and patients who become ill while in the city have a right to return home if they desire, the state’s health officer, Dr. Tracey Green, told Nevada lawmakers during a hearing last month.

She and others insist that the vast majority of patients they are discharging to the Main Street bus station are mentally stable and have family members, treatment programs or both waiting for them at the end of their rides.

That was not true in Brown’s case. His papers from Southern Nevada Adult Mental Health Services read: “Discharge to Greyhound bus station by taxi with 3 day supply of medication” and provided a vague suggestion for further treatment: “Follow up with medical doctor in California.” Brown said staff at Rawson-Neal advised him to call 911 when he arrived in Sacramento.

Nevada Health and Human Services Director Michael Willden told lawmakers last month that while health officials “blew it” in their handling of Brown, an internal investigation found no pattern of misconduct.

But an investigation by the Nevada State Health Division documented several other instances from a small sampling of cases in February in which the state hospital violated written rules for safely discharging mentally ill patients.

Other apparent violations surfaced during The Bee’s investigation.

At least two patients from the Nevada system arrived in San Francisco during the past year “without a plan, without a relative,” said Jo Robinson, director of that city’s Behavioral Health Services department.

“We’re fine with taking people if they call and we make arrangements and make sure that everything is OK for the individual,” Robinson said. “But a bus ticket with no contact, no clinic receptor, anything, it’s really not appropriate.”

Robinson said she viewed the practice as “patient dumping,” and has reported it to federal authorities. “It’s offensive to me that they would show this lack of care for a client,” she said.

Practice called risky

Nevada mental health officials did not respond to repeated requests for phone interviews for this story, nor would they address a list of emailed questions about the origins of the busing policy and the safety protocols in place.

Southern Nevada Adult Mental Health Services, the agency that oversees Rawson-Neal, maintains detailed written policies for transporting patients “to their home communities,” with the stated goal of providing more appropriate care by the most economical means possible.

The policy includes a special section on “Travel Nourishment Protocol,” specifying the number of bottles of Ensure nutritional supplement the patient should receive for the bus trip – essentially six per day.

Staff members are supposed to fill out a “Client Transportation Request” form, which includes questions about whether the patient is willing to go, whether housing or shelter has been verified, and the cost of the trip.

The written policy calls for staff to confirm that a patient has housing or shelter available “and a support system to meet client at destination.” They are to provide information about “mental health services available in the home community.”

Interviews with health officials in California and numerous other states indicate Nevada’s practices are unusual. None of the 10 state mental health agencies contacted by The Bee said that placing a psychiatric patient on a bus without support would be permissible. And none recalled being contacted by Rawson-Neal to make arrangements for a patient coming from Nevada.

In California, where most public mental health treatment is overseen at the county level, agencies contacted by The Bee said they rarely bus patients and that Nevada’s practices seem out of step with the standard of care.

Several described the practice as risky, even if patients have someone waiting for them at the end of their journeys.

“Putting someone whose mental illness makes them unable to care for themselves alone on a bus for a long period of time could be absolutely disastrous,” said Dorian Kittrell, executive director of the Sacramento County Mental Health Treatment Center.

Patients could suffer relapses during their trips and potentially harm themselves or other people, said Kittrell and others. They could become lost to the streets or commit crimes that land them in jail.

“The risk is just too great,” said Dr. Marye Thomas, chief of behavioral health for Alameda County.
Southern Nevada Adult Mental Health Services has had an ongoing contract with Greyhound since July 2009, said bus company spokesman Timothy Stokes.

Stokes said he was unaware of any serious incidents involving mentally ill patients from Nevada. He said Greyhound has contracts with “a number” of hospitals around the country, but declined to identify them.

“We take it on good faith that the organization is going to make certain that patients are not a risk to themselves or others,” he said.

Still, officials in several of California’s largest counties said they rarely, if ever, bus patients out of state.
“We don’t do it, we never will do it, and we haven’t done it in recent memory, meaning at least 20 years,” said David Wert, public information officer for San Bernardino County. Rawson-Neal has bused more than 40 patients to that county since July 2008.

Los Angeles County officials said they have not bused a single patient out of state during the past year, and when they have done so in the past they have supplied chaperones. In the past five years, L.A. County has received 213 people from the Nevada hospital, according to The Bee’s review, more than any place in the country.

Likewise, in Riverside County, sending patients out of state “happens very infrequently upon request of the family,” said Jerry Wengerd, head of the county’s Department of Mental Health. “A staff member accompanies the client and it is usually by air.” Nevada bused 20 patients to Riverside in the period reviewed.

Sacramento County bought bus tickets for five patients during the past year, Kittrell said. In all cases, he said, facility staff confirmed before patients departed that a family member or friend would meet them at their destinations, and provided referrals for treatment.

Organizations that advocate for mentally ill people said Nevada’s busing numbers seem unjustifiably high.
DJ Jaffe, executive director of Mental Illness Policy Org., a nonprofit think tank, said his group often hears anecdotally about patients being “dumped” from one county to another.

“Discharging severely mentally ill patients inappropriately is policy in this country,” Jaffe said. “But getting rid of them altogether by busing them out of state is, I think, rare. I am shocked by these figures. It seems to be almost routine in Nevada.”

After California, Arizona has received the most patients by bus from Nevada, at more than 100 over the five years.

But Cory Nelson, acting deputy director for the Arizona Department of Health, cautioned against drawing conclusions about Nevada’s practices based solely on number of bus tickets issued. In many cases, Nelson said, relatives could have agreed to house patients or made treatment arrangements before the clients left Las Vegas.

In rare cases, Nelson said, a hospital can find itself in a Catch-22 situation when a patient no longer needs to be in a hospital but refuses to cooperate with a discharge plan. “It kind of leaves a hospital in a tough situation,” he said.

Still, the sheer number of patients bused from the Nevada hospital “does seem pretty high,” he said.

‘A tsunami situation’

Several people interviewed said the numbers might be explained in part by the unusual nature of Las Vegas.

“As the whole country no doubt knows, Vegas is a pretty unique place,” said Dr. Lorin Scher, an emergency room psychiatrist with UC Davis Health System.

The city’s entertainment and casino culture draws people from all over the world, Scher noted, including the mentally ill.

“Many bipolar patients impulsively fly across the country to Vegas during their manic phases and go on gambling binges,” he said. “Vegas probably attracts more wandering schizophrenic people” who are attracted to the warm weather, lights and action, he added.

“I am by no means defending their practices,” he said. “It certainly gives cause for concern. But it’s one possible explanation.”

Stuart Ghertner, former director of Southern Nevada Adult Mental Health Services, cited other possible reasons.

He said Rawson-Neal has been under siege for years because of state budget cuts, a steady increase in poor people needing mental health services in the Las Vegas area and a revolving door of administrators.
He noted the city had a disproportionate number of people displaced by the housing and mortgage meltdown of a few years ago.

“The casino boom was over, people were losing their jobs and their homes. They were stressed and they wound up in a mental health crisis,” Ghertner said.

Between 2009 and 2012, Nevada slashed spending on mental health services by 28 percent to address budget deficits, according to data collected by the National Alliance on Mental Illness. Even before those cuts, Nevada fell well below the national average in spending on mental health services: In 2009, it spent $64 per capita on such services compared with a national average of about $123, according to the study.

“You’re looking at a tsunami situation,” said Ghertner, a psychologist who resigned last year after five years as agency director. “There is more pressure to turn patients over faster, and fewer programs (in which) to place them. Perhaps busing them became the easier solution.”

It also is cheaper, he noted. Southern Nevada Adult Mental Health Services spent a total of $205,000 putting patients on Greyhound buses during the past five years, according to The Bee analysis. The state hospital admits about 4,000 patients a year to its inpatient unit, and inpatient care runs around $500 per day per client, Ghertner said.

He said he was aware during his tenure that Rawson-Neal was busing patients out of state but that he thought the practice was rare.

At the time, “I had 800 employees and a $106 million budget,” he said. Ghertner regularly reviewed numbers pertaining to admissions, length of stay and other issues at the hospital, but patient busing was never on his radar, he said.

“I’m embarrassed to say that this practice was going on to this degree under my leadership,” he said. “I had no idea. It just never came up.”

Ghertner said the state mental hospital has been under stress since it opened in 2006, turning over five hospital directors since that time. That instability has taken a toll, he said.

“This busing issue is a symptom that reflects that the care there is not quality care,” he said. “Things clearly are being missed.”

Willden, Nevada’s Health and Human Services director, said during last month’s legislative hearing that policies have been tightened and disciplinary actions taken to ensure that patients are discharged only after the hospital confirms care and treatment at their planned destinations. The hospital administrator, Chelsea Szklany, now must approve all bus discharges ordered by medical staff, he said.

“Southern Nevada Adult Mental Health Services is committed to providing quality mental health services to its patients,” said spokeswoman Mary Woods in an emailed statement.

But investigations continue into the agency’s practices.

Rawson-Neal could lose vital federal funding pending an ongoing probe by the federal Center for Medicare and Medicaid Services. California state Senate President Pro Tem Darrell Steinberg has written a letter expressing outrage to U.S. Secretary of Health and Human Services Kathleen Sebelius.

The hospital’s discharge practices also have prompted a call for action by a member of the U.S. Commission on Civil Rights. Commissioner David Kladney called for a broad investigation by Nevada’s governor and Legislature.

“As a Nevadan, I am ashamed that my state is failing in its duty toward the neediest residents,” Kladney said. Nevada, he said, appears to be “simply hoping that other states will shoulder the responsibility.”


Call The Bee’s Cynthia Hubert, (916) 321-1082. Follow her on Twitter @cynthia_hubert. Bee researcher Pete Basofin contributed to this report.


For more links and comments: http://www.sacbee.com/2013/04/14/5340078/nevada-buses-hundreds-of-mentally.html#.UWuvi8Wb-cQ.facebook#storylink=cpy

California Homeless Bill of Rights: Action Updates!

Finally, A Bill of Rights for the Homeless!

By Rita McKeon, Member of the BOSS Community Organizing Team (COT), a project of Building Opportunities for Self-Sufficiency
Thursday April 04, 2013 – 08:35:00 PM
Authored by Assembly Member Tom Ammiano, the California Homeless Bill of Rights, AB5, had its first hearing in Sacramento on April 1st, 2013.

In recent years several cities have enacted or attempted to enact “broken window” lawslaws designed to criminalize homeless people and remove them from public view. The California Homeless Bill of Rights and Fairness Act is a first step to de-criminalize homelessness and grant equal rights protection to ALL: housed and un-housed.

This legislation would be a major public statement recognizing the basic human and civil rights of people without homes. It will help shift our discussions from the characterization of homeless people as vagrants or service-resistant to the reality in our society that there are not enough homes that are affordable on very low incomes, not enough jobs for people with low skills, not enough care for people with serious physical and mental health needs. Our discussions can then shift from blaming the victims to solving the problems: this is what AB5 will do—publicly validate the dignity of people without homes so we can direct our attention and resources to fixing the problems they face.
Inhumane laws do not solve poverty, they only increase the misery of being poor. In many major US cities there are ordinances that make it punishable by law to feed homeless people and laws that make it illegal to “camp” in a public space, ultimately making it illegal to sleep, a basic human need. Some laws even make it illegal to sleep in your car. Hundreds maybe thousands of people end up with citations they cannot afford to pay, some facing jail time because they were caught sitting or sleeping.
This is both a waste of tax payer dollars and a civil rights abuse. In February 2013, in the San Francisco Tenderloin District, a homeless man spent 30 days in jail because on two occasions a police officer found him sleeping on a milk crate. He was charged with public nuisance, unauthorized lodging and obstructing a sidewalk. The first two violations are listed as misdemeanors which can carry a year of jail time each – again, for sleeping on a milk carton.
Whose quality of life is being improved by broken window laws? City officials say the goal of these ordinances is to preserve quality of life and keep down public nuances. Yet, citing homeless people and inflicting them with costly violations and jail time does not address their quality of life—rather, these laws are designed to serve big business and developers who want clear streets and storefronts. The fact is, people do have the right to sit, stand, and gather peacefully in public areas. And for behaviors that are less than peaceful or that damage property, there are already laws in place.
Everyone is deserving of equal rights and protection. The California Homeless Bill of Rights and Fairness Act will assure the protection of homeless people’s property rights, access to public space, right to safety, right to sufficient health and hygiene centers, right to engage in life sustaining activities, right to privacy and confidentiality, right to counsel, right for homeless school children to stay at the same school they attended before they became homeless, and more. You can find the full Bill text on assembly.ca.gov.
It’s about respect and dignity! When AB5 is passed it will help ensure that homeless people are treated as human beings: with respect and dignity. Send a letter of support to your district Assembly Member. Visit www.wraphome.org to learn more about the efforts to pass AB-5.


AB-5 is authored by Assembly Member Tom Ammiano (D, San Francisco) and co-sponsored by Western Regional Advocacy Project, Western Center on Law and Poverty, JERICHO: A Voice for Justice, and the East Bay Community Law Center. See a full list of Bill supporters at http://wraphome.org/images/stories/ab5documents/AB5EndorsersMarch132013.pdf.

A 25-Year-Old Lawsuit and the Persistence of Homelessness Advocates

NOTE BY NORSE:   Fresno activists are at work looking for locally federally owned property.  A decade or more ago, the city made a listing of its unused properties as possible homeless campgrounds, shelter, or housing under pressure from homeless advocates here.   Time to dust off the local list and join with other advocates to look into the federal prospects as well.

Oh, and in the meantime,  for those outside: postpone sleeping at night and stay out of public spaces during the day.   Santa Cruz’s new investigatory commission on “public safety” as another of the “blame the homeless and their enablers” measures by the NIMBY crowd formed last night by “Enough is Enough” Mayor Hillary Bryant has no homeless people or advocates among its 20 members.


    Written by Ruth McCambridge
Created on Wednesday, 10 April 2013 13:48
April 7, 2013; Source: The Washington Post
NPQ has written repeatedly over the years that it is one thing to pass a law, but an entirely different and more lengthy process to enforce implementation. In this case, after 25 years of fighting, advocates have finally garnered a court ruling to have a federal law properly implemented.
Title V of the McKinney-Vento Act, passed in 1987, requires federal agencies to list unused, surplus, or underutilized properties in the Federal Register, and to reach out to homeless services providers, giving them a 60-day right of first refusal on leasing or buying the sites. Since then, almost 500 properties have been obtained by groups serving the homeless.
But on March 21, 2013, in response to a lawsuit filed by the National Law Center for Homelessness and Poverty, Judge Royce Lamberth of the U.S. District Court for the District of Columbia found that many government agencies have not been complying with the law. That ruling mandates that the General Services Administration and the Department of Housing and Urban Development must take more steps to ensure that agencies comply.
“We’re very hopeful this order will result in potentially thousands of properties that have never been made available to homeless services providers to be screened for suitability and be made available,” said Tristia Bauman, an attorney with the Center. “We expect we’re going to be able to more closely monitor whether the government is complying, and have access to buildings that were unbeknownst to us before.”
According to this article, the agencies named in the original suit were the Department of Veterans Affairs, Defense Department, Department of Housing and Urban Development, the GSA, and D.C.’s Department of Health and Human Services. A permanent injunction issued in 1993 ordered the government to implement the law and preserved the right for the issue to again be brought to court if agencies did not comply. Attorneys for the government have tried to get that order lifted, but to no avail.
In the March opinion, Lamberth noted a large difference between the count on unused federal properties (28,000 between 2005 and 2011) reported through the Title V process and on properties labeled by the Office of Management and Budget as surplus (69,000 excess, unused ,and underused) federal properties.
The National Law Center for Homelessness and Poverty, one of the groups that filed the original lawsuit in 1988, has long advocated for better administration of Title V. Without constant monitoring and pressure, this law would fade into disuse, wasting the original advocacy effort. NPQ has written similarly about the Mental Health Parity and Addiction Act.—Ruth McCambridge

Kansas City Homeless Can’t Even Hide Out

NOTE BY NORSE:  This story headlines the usual anti-homeless bias when media tails the police department in its “clean-up”sFor more dialogue and discussion, go to the tv/audio attached and more relevant extensive comments that can be found following the article at http://news.yahoo.com/blogs/sideshow/police-discover-hidden-underground-tunnels-used-homeless-221637268.html .

Santa Cruz homeless activists distributed several hundred “Empty Buildings Are the Crime” stickers at the Project Homeless Connect event yesterday here; meanwhile across the street the Santa Cruz City Council threw more money (another quarter million dollars in promised bonus recruitment payments) at the police department  This in a city with no documented rise in crime, simply a form of police-pandering hysteria after the .shooting of two SCPD cops.  

Deputy Steve Clark of the Santa Cruz PD absurdly claims that 1/3 of the crimes in Santa Cruz is committed by homeless people.  If true, of course, it shows how police are being used as a private security force to criminalize homeless people in public spaces at the behest of the merchants and conservative hate groups.  A recent Public Records Act request seeking the specifics behind Clark’s venomous statement has still gone unanswered here.

Clark’s long-time hostility to the local needle exchange program bore toxic fruit a month two months ago when City Council met behind closed doors and shut down the only needle exchange program in the City Limits.   A less accessible more distant and hence less effective county agency which demands documentation from those using needle exchange in a self-defeating move, has taken over the program.

Clark has recently been reported verbally assaulting and demeaning homeless people to discourage their presence at public buildings and in public places if they speak up for their rights.  When recently criticized in a Starbucks restaurant by a homeless person nearby, he reportedly imperiously (and successfully) demanded the man leave with an implicit threat of arrest.  Ironically, Clark’s mentality is what is driving homeless people “underground”, out of sight, and out of town.  Which is the point, of course, of this kind of hate crime.

Treating the homeless need to hide underground as some sort of bizarre and amusing curiosity or a public health hazard when the city offers no alternatives is a kind of fascist doublethink which is a curious obscenity all its own.

Police discover hidden underground tunnels used by the homeless

By Eric Pfeiffer, Yahoo! News | The Sideshow

During a routine crime investigation, Kansas City police discovered a series of underground dirt tunnels being used by the city’s homeless.

Local affiliate KMBC was on hand for the discovery when newscasters accompanied Kansas City Police

Officer Jason Cooley, who was leading an investigation of stolen copper wiring from a nearby grain mill.

While checking on the seemingly ordinary homeless campsites, Cooley discovered a series of tunnels that went several feet under the earth and stretched nearly 25 feet.

“It was kind of in a little hill and probably four feet beneath the surface,” Cooley told the Kansas City Star.
Hope Faith Ministries, a local homeless organization, said the group had never seen anything like it. Carla Brewer was on site from the organization, offering the homeless individuals a place to shower and sleep away from the camp.

Police said they were especially concerned about a pile of dirty diapers discovered next to one of the underground tunnels.

“We’re working to find out if, in fact, they’ve got kids down here, because this is not a safe environment for that,” Cooley said.

The tunnels appear expertly crafted and obviously required a substantial amount of time and effort to create. In fact, authorities said they aren’t exactly sure how the individuals squatting at the site were able to create them.

After discovering the tunnels, a police robot was used to further investigate the underground dwellings.

Once police were able to confirm no one was inside them, they brought in a tractor to fill in the tunnels.

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.

Church as Shelter of Last Resort in Hawaii

NOTES BY NORSE:  Attempts by churches in Santa Cruz to protect and shelter homeless people have been mixed.  The Interfaith Satellite Shelter Program–which operated from 1988 through 2010 (or thereabouts) involved busing homeless people to  different churches every  night and its height served 40-80 people.  Since Santa Cruz has a homeless population of 1500-2000 and a law that makes homeless people  criminal who sleep either outside or in a vehicle in the city limits–this had limited effect in combatting the fear and insecurity homeless people felt at night.   The ISSP  ended because of “transportation costs”, as I understand it.
A new program spearheaded by Calvary Episcopal Church is housing about 20 people each night in a variety of churches.  A Sanctuary Campground proposal is being hammered out by Brent Adams and others at the same time as there is rising hysteria against homeless people in a political “anti-crime” wave mounted by Take Back Santa Cruz, The Clean Team, and other “clean up our town” groups.
The Coral St. Open Air Shelter (1993-5)–a tolerated campground at River St. and Highway 1–was shut down by pressure from the Citizens Committee for the Homeless, and then-Mayor Mike Rotkin.  Rotkin also moved against Father Mike Marini’s Holy Cross Shelter subsequently in the summer of 1996 by (according to the recollection of Becky Johnson) inciting the neighbors against the shelter.  Under his leadership (with Cynthia Mathews a loyal second), the Sherry Conable/Barbara Riverwomon State Parks Sanctuary proposal for the homeless-under which homeless would be bused to state parks to  camp–was
vetoed.
Religious leaders, who were otherwise reactionary, have also played a role in standing up for homeless people by sheltering them in their church.  See, for instance, http://www.huffsantacruz.org/StreetSpiritSantaCruz/066.Rev.%2520Drake%2520Wins%2520A%2520Moral%2520Victory=10-97.pdf .

Kalihi church puts faith in action to help homeless

Posted: Feb 25, 2013 7:22 PM PST Updated: Feb 25, 2013 10:57 PM PST

By Jim Mendoza – bio | email
 http://www.hawaiinewsnow.com/story/21348165/kalihi-church-houses-homeless

KALIHI, OAHU (HawaiiNewsNow) – Kaleo and Russell Pakele and their two-year-old daughter live in one of the tents alongside the sanctuary of Hawaii Cedar Church in Kalihi.

“God brought us to this place,” Kaleo said.

Since December, the Pakeles have been staying on the church’s property, along with about 40 other homeless people.

“I believe everybody needs a second chance. That’s why I call this program that we’re running, ‘A Second Time Around,'” pastor Henry Baxter said.

The church feeds them, and lets them use the showers and bathrooms. There are rules to follow. You either have an outside job or do church chores.

“The rules are very important in our lives. Discipline and rules,” said Antonio Hernandez, who lives with his wife and young child in the tent next door to the Pakele’s.

“Their labor is working in the parking area, the grounds, in the kitchen, the dining room, in the church itself,” Baxter said.

The church offers some job training. Adults pay about $100 a month per person to cover utilities. Pakele said that teaches them responsibility.

“It is a stepping stone for me from here to transition out,” Kaleo Pakele said.

In March, the church starts a new program. Some of the homeless will plant and harvest vegetables at the church’s farm in Waianae.

“We’ll actually be paying them $8 an hour, more than the minimum wage. They’ll only be working four hours a day, but that will be something to get them started,” Baxter said.

Most of the homeless living at the church were on drugs. Baxter said there is counseling and consequences.

“We have drug testing,” he said. “We have zero tolerance on drugs and alcohol.”

Violators are evicted.

Baxter estimates 120 families have been helped in three years, and half are now in housing.

Texas Judge Rules: Feeding the Homeless in Public Not a Crime

Guests of Big Heart Ministries’ annual Christmas meal dug into hot food on a cold afternoon outside a church on Second Avenue near Fair Park in December 2011. (Rex C. Curry/Special contributor)

For six years the city of Dallas and two ministries have been locked in a legal battle over their right to feed the homeless and hungry wherever and whenever they find them. But at long last, U.S. District Judge Jorge Solis ended that tussle today — for now, at least — by siding with Rip Parker Memorial Homeless Ministry and Big Heart Ministries.

In the final judgment you’ll find below, Solis calls the city’s Food Ordinance a violation of the Texas Religious Freedom Restoration Act. And, the judge writes, “The City of Dallas is permanently enjoined from enforcing Ordinance 26023 against plaintiffs,” who have also been awarded attorneys fees and costs.

It was Solis who, in 2011, denied the city’s attempts to get the case thrown out in the first place.

The judge’s ruling comes nine months after the city attorneys and Scott Barnard, who represented the ministries, squared off in his courtroom over the ordinance, which the ministries claimed violated their biblical duty to feed and comfort the hungry while spreading the gospel. The city, on the other hand, contended that by feeding the homeless, the ministries were enabling them to remain on the streets.

Solis, though, didn’t agree with the city’s argument.

“The Court does not make a judgment about whether the City has an interest in regulating the operations of homeless feeders,” he writes in his 39-page findings of fact and conclusions of law that also follows below. “However, in this case, the homeless feeders are religiously motivated institutions that are afforded statutory protection to practice their religions without being substantially burdened by government regulation. The Ordinance’s Homeless Feeder Defense requirements were instituted based on speculation and assumptions. The City did not establish that any of its interests have been harmed by Plaintiffs’ conduct.

“What the City did establish is that it wants to provide as many homeless people as possible with food, social services, showers, safety, job counseling, and beds in an effort to get them off the streets. The City believes that organizations that that feed the homeless on the street are thwarting the City’s efforts to get the homeless off the streets. The City has not established that its interest in regulating Plaintiffs in this way justifies the substantial burden on Plaintiffs’ free exercise — in other words, it has not established the balance weighs in its favor.”

Barnard says the judge’s ruling is “particularly moving coming as it does on the eve of Good Friday and Easter.” And he says his clients are “excited about getting back to sharing food with the homeless.”

The ministries never stopped during the course of the litigation, but did curtain their activities — in part, says attorney Lizzy Scott, because Dallas police kept cracking down on their efforts to feed the homeless.

“As recently as last Sunday one of our clients was out sharing food with the homeless near downtown, and he was told he wasn’t allowed to do it in the Central Business District,” she says. “Now he’s very excited to get back to the ministry.”

The city has no response save for these few words: “The City Attorney’s Office is studying the decision and evaluating the city’s options.” It has 30 days to appeal the judge’s ruling or file for a new trial.

As Barnard notes, Solis threw in attorneys’ fees, even though he, Scott and Andrew Newman at Akin Gump Strauss Hauer & Feld took the case pro bono. They say the money will go to charity.

Says Barnard, the ruling means “relief organizations throughout the city can continue to provide critical services to its most vulnerable residents.”

Judge Timothy Volkmann denies dismissal for ‘final four’ in River Street bank occupation

NOTES  BY NORSE:   Former Santa Cruz Eleven defendant and photojournalist Alex Darocy covered the hearing below at http://www.indybay.org/newsitems/2013/03/12/18733496.php?show_comments=1#18733512 .  I presented my own take with links to the motions filed to dismiss at http://www.indybay.org/newsitems/2013/03/07/18733298.php .

Regarding the trespass charge, it was selectively enforced and seemed to be done as a political sop to anti-Occupy authoritarians as well as a form of  SCPD face-saving.  Plus it seemed a pretty convenient opportunity to go after activists long-publicly critical of police misconduct and alternative media whistleblowers.  If there was a real concern about “trespass”, it should have been a timely bust, done within 24 hours of the occupation and uniformly applied to everyone there.  Clearly this was a combination of tokenism, scapegoating, and intimidation against other direct action critics of Wells Fargo and large corporate criminals.
Free  speech and free assembly considerations also play a significant role–not to mention the community reality that the building was long-vacant (and has remained so).  Prosecutions in a dozen other cities have led to acquittals or been dropped for similar occupations.  First Amendment protections are an explicit part of the 602 trespass statute which were ignored (by both prosecution and defense).
In terms of harm-reduction, the vacant bank could have provided shelter for a population that has a far higher death rate than the terrified mob that shows up at City Council ranting about needles, drug addicts, the homeless, and “crime”.

Regarding the “felony vandalism” charge, prosecution witnesses agreed there was zero evidence of explicit documented vandalism by any of the four (not to mention the eleven originally charged).    Nor were any vandals identified.

The discredited assistant D.A. pursuing this case (Rebekah Young) was already sanctioned $500 for repeatedly violating court orders and keeping evidence from the defense.

To justify this  prosecution, Young presented a tenuous torturous “aiding and abetting theory” which suggested “aiding and abetting the trespass” meant that the “natural and probable” vandalism consequences made the defendants responsible for $23,000 in vandalism and subject to 4 years in prison. 

Defense attorneys pointed out that courts have never ruled that vandalism is a “natural and probable” consequence of the crime of trespass. This is a novel new doctrine apparently trotted out to respond to the lynchmob mentality stalking Santa Cruz (which masquerades as some kind of public safety “protection”). Or perhaps for D.A. Young to magically transform a discredited prosecution into a “win” so she can get a passing grade on her homework, somehow, after having already flunked.
150 “trespassers” alleged (none arrested at the scene), 139 unknown. 0 known vandals. A massively overcharged butcher bill by Wells Fargo. According to defense attorney Bryan Hackett, (a) there has to be someone that the defendants “aided and abetted” in the original trespass (and no such showing was made—only that the defendants either were in the building and/or communicating with those in the building), (b) there has to be a someone they aided (no one was identified), and (c) it must be shown that action led as a “necessary and probable” consequence to vandalism (also no evidence other than broad claims that it was a tumultuous situation.
The issue is likely to be appealed to a higher court once a transcript is available—which must be done within 15 days of Judge Volkman’s decision. That should be happening shortly.

Previous occupations in Santa Cruz (such as that of the Heiner House in 1992, or the Campbell St. House in 1996, have never led to felony charges (there were originally two felonies and two misdemeanors charged).  The current form of judicial terrorism against activists does further damage to a First Amendment already diced and shredded by the Obama/Bush demolition team.

Judge Timothy Volkmann denies dismissal for ‘final four’

in River Street bank occupation

By Cathy Kelly
Posted:   03/11/2013 04:41:37 PM PDT
SANTA CRUZ — In a courtroom full of activists, Judge Timothy Volkmann on Monday denied a motion to dismiss trespassing and vandalism charges against four remaining defendants accused of the takeover of a former Wells Fargo Bank building on River Street.
Gabriella Ripley-Phipps, Franklin Alcantara, Cameron Laurendau and Brent Adams are among 11 people originally charged with trespassing, vandalism and felony conspiracy for a high-profile occupation of a vacant former bank on Nov. 30, 2011.
Summarizing the 350-page preliminary hearing transcript, Volkmann described Ripley-Phipps as the group spokesperson and said the other three were seen inside the building at least twice. He then noted “it appears the major tussle centers on the felony vandalism charge” and whether that was a “natural consequence of the (misdemeanor) trespass (charge).”
Volkmann said his colleague, Judge Paul Burdick — who presided over the preliminary hearing — found that the vandalism was a natural and probable cause of the trespass due to the size and emotionally charged nature of the crowd, the stacking of furniture against the doors and other barricading behavior, the length of time they stayed inside, and other factors.
As prosecutor Rebekah Young put it, “They were in there for the long haul.”
The defense challenged Young’s theory that the four are guilty as aiders and abetters. In other words, that if they entered the bank with the crowd, and if the damage to the building was a “natural and probable” result of that entering, they are guilty of vandalism even without direct evidence of their part in the destruction of property.
Volkmann listened to Santa Cruz defense attorneys Lisa McCamey, Jesse Ruben, Bryan Hackett and Alexis Briggs argue that there is little or no direct evidence of who damaged the bank. They also argued the vandalism charge could not hold under the aiding and abetting theory without more proof of the circumstances surrounding the entering of the building.
“There is no evidence they agreed to trespass,” McCamey said. “Their mere presence is not enough for this theory.”
Volkmann ruled against them, noting there is a lower standard of proof the District Attorneys’ Office must meet at the preliminary hearing stage. He said the defense attorneys’ arguments “may be applicable” at trial.
Trial is set for May 13, but Ruben said he anticipates a conflict due to a homicide trial he is taking part in.
The group is due back in court April 8 for a status hearing.
A group of supporters and activists came to court for the afternoon hearing, as they have several times, with flyers urging “Drop the Charges! Santa Cruz Eleven: The Final Four.”
The case began after people swarmed into the former bank after an Occupy Santa Cruz march, causing damage now estimated at about $25,000 and sparking a tense situation with police. Three days later, the group walked away.
The four remaining defendants are out of custody.
Earlier, Burdick dismissed charges against seven people due to insufficient evidence. He also dismissed a conspiracy charge the group had faced and fined the District Attorney’s Office $500 for failing to provide evidence to defense attorneys.
Follow Sentinel reporter Cathy Kelly on Twitter at Twitter.com/cathykelly9
For more info: santacruzeleven.org

Fresno Homeless Camps: Official Lie vs. Activist Truth

The Fresno Bee article about the Press Conference held yesterday at Ventura and F street is below and at this link:
Note that at the end of the article City Council member Oliver Baines blames the lawsuit for their problems.  Just when they get some momentum going to keep the streets clean, they get sued. . . according to Baines.  For some reason, The Bee did not mention that the Community Alliance is able to put 8 portable toilets and 3 dumpsters at the encampment without incident.  If we can help keep the encampments clean without destroying homeless peoples property, why can’t the city do the same thing?  Maybe they should call me up and ask for our secret.
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


Residents near downtown Fresno urge faster city action on homeless trash
By BoNhia Lee – The Fresno Bee
Wednesday, Mar. 13, 2013 | 06:30 PM
Residents who live south of downtown Fresno know the homeless problem in their neighborhood won’t be solved right away. But they think the piles of trash that come from the homeless are an easy fix.
Members of the Golden Westside Planning Committee and residents who live in tidy houses near Ventura Avenue and E Street held a news conference Wednesday to urge city officials to clean up their neighborhood.
Late Wednesday, city officials said they’re working on a solution.
The group gathered in front of a small alley on Ventura Avenue, between E and F streets, where trash had accumulated over the last four months.
Capri Sun juice packets, restaurant takeout boxes, clothes, blankets, hangers, soup cans and more were scattered on the ground.
The trash “carries feces, it carries roaches, it carries rats, it carries all kinds of things as our children walk through the neighborhood,” said Debbie Darden, the group’s chairwoman. “It’s an ongoing problem. We feel it’s the responsibility of the city of Fresno to act on it quickly and on a regular basis to get it cleaned up.”
The trash is what you would see in Third-World countries like Pakistan and Nigeria, said Kevin Hamilton, deputy chief of programs for Clinica Sierra Vista.
“When you have piles of trash sitting around for months, it gets wet, the elements start to work on it and it becomes a place where bacteria live,” Hamilton said. “This is truly a health hazard to our community.”
The committee and resident Jeff Tapscott said calls to Council Member Oliver Baines, who represents the area, the mayor and city manager since January have not resulted in a cleanup yet.
“The trash never seems to leave,” said Tapscott, who has lived in the neighborhood for 17 years. “I pick up what I can pick up.”
Their suggestion: put Dumpsters in the alleys and on the streets.
When contacted on Wednesday, city spokesman Mike Lukens said in a written statement that the city will put trash bins in the neighborhood.
“The city will cooperate with residents in the neighborhood and place trash bins there, but we’re also working on an overall cleanup of the area,” Lukens said.
Baines said residents should expect to see the trash cleaned up within a month.
“I share their frustration,” Baines said. “They’re right. It’s an issue that needs to be taken care of.”
But the process takes time, Baines said. The city has to figure out whether the property that needs cleaning is publicly or privately owned. Then there are the lawsuits.
The city has been sued by homeless advocates twice before for destruction of property after cleaning up homeless encampments.
“It really slows the process down and almost stops the process all together,” Baines said. “That has been a big hinderance. Just when we get the momentum going we get hit with the lawsuit and we have to of course work through all that.”