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.

Preliminary Hearing Begins for Seven Defendants Associated with 75 River Bank Occupation

by Alex Darocy ( alex [at] alexdarocy.com )
Tuesday Jan 8th, 2013 12:55 AM

On January 7, a preliminary hearing began for seven of those charged in association with the Fall 2011 occupation of the vacant bank at 75 River Street in Santa Cruz, when community members hoped to “liberate” the space and turn it into a community center during the height of the national Occupy movement. After a variety of legal delays, the court will decide who, if any, of the seven of the eleven who were originally charged will stand trial. Charges against four of the individuals were previously dismissed in 2012.

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-1.jpg
75-river-preliminary-hear…

The seven defendants, Cameron Laurendeau, Franklin Alcantara, Gabriella Ripley-Phipps, Brent Adams, Robert Norse, Becky Johnson, and Desiree Foster, and their seven attorneys were present, as was prosecutor Rebekah Young, and Santa Cruz Judge Paul Burdick.

The attorneys huddled around the defense desk with their laptops and various documents, as six of the defendants sat on the bench, lined up behind them. One defendant, Desiree Foster, was forced to sit in the audience section of the court and located two rows back, placing her far away from her legal council during the proceedings.

Three prosecution witnesses took the stand before the day was over: Lt. Larry Richard, Sgt Michael Harms, and Officer Michael Headley, all of the Santa Cruz Police Department.

The current seven defendants are still charged with crimes that carry serious penalties if they are found guilty, including felony conspiracy to commit vandalism and/or trespass, felony vandalism, misdemeanor trespass by entering and occupying, and misdemeanor trespass by refusing to leave private property.

Charges were dismissed against Ed Rector and Grant Wilson by Judge Burdick in April of 2012, and Bradley Stuart Allen and Alex Darocy, both Indybay journalists, had the charges against them dismissed also by Burdick in May of 2012.

The preliminary hearing is set to continue on Tuesday, January 8 at 10am in Dept 6 at the Santa Cruz Courthouse at 701 Ocean Street in Santa Cruz.

For more information about those charged, see:
http://santacruzeleven.org/

Alex Darocy
http://alexdarocy.blogspot.com/

§Santa Cruz Courthouse

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-2.jpg
75-river-preliminary-hear…


§Support the Santa Cruz Eleven

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-3.jpg
75-river-preliminary-hear…


§Supporters filled the hall in front of Dept 6

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-4.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-5.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-6.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-7.jpg
75-river-preliminary-hear…


§Sgt Harms and Robert Norse

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

robert-norse-michael-harms-scpd-gunter-richard-winston-santa-cruz-11-january-7-2013-8.jpg
robert-norse-michael-harm…

 

Robert Norse hams it up with Sgt Michael Harms of the SCPD. In the background are Officer Winston, Officer Gunter, and Lt Richard, all of the Santa Cruz Police Department.

§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-courthouse-11-january-7-2013-9.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-10.jpg
75-river-preliminary-hear…

 

Desiree Foster (in the blue dress) is seated two rows back from the other defendants.

§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-11.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-12.jpg
75-river-preliminary-hear…


§Sgt Michael Harms testifies

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

paul-burdick-michael-harms-scpd-75-river-preliminary-hearing-santa-cruz-11-january-7-2013-13.jpg
paul-burdick-michael-harm…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

courthouse-75-river-preliminary-hearing-santa-cruz-11-january-7-2013-14.jpg
courthouse-75-river-preli…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-15.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-16.jpg
75-river-preliminary-hear…


§Officer Michael Headley of the SCPD

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

michael-headley-scpd-75-river-preliminary-hearing-santa-cruz-11-january-7-2013-17.jpg
michael-headley-scpd-75-r…


§Robert Norse and Franklin Alcantara

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-18.jpg
75-river-preliminary-hear…


§

by Alex Darocy Tuesday Jan 8th, 2013 12:56 AM

75-river-preliminary-hearing-santa-cruz-11-january-7-2013-19.jpg
75-river-preliminary-hear…


§Court Separation

by Alex Darocy ( alex [at] alexdarocy.com ) Thursday Jan 10th, 2013 6:14 AM
I have interviewed several defendants about Desiree Foster sitting in the audience of the court during the preliminary hearings, and it is still unclear to them how it was decided that she sit there. Though she was seated there fully with the judge’s knowledge, I cannot say definitively that it was due to a “mandate,” so I am retracting my use of that word in the comments section of this article, and I am also retracting the statement in the article that she was “forced” to sit in the audience section..

Comments  (Hide Comments)

by Keep it Real

Tuesday Jan 8th, 2013 8:22 AM

You slant the article by implying that Desiree was forced to sit removed from council, while your photo clearly shows empty seats in the row ahead of her that would have allowed her to sit closer.

Keep it real; the choice was hers.

by Robert Norse

Tuesday Jan 8th, 2013 8:45 AM

by Alex Darocy

( alex [at] alexdarocy.com ) Tuesday Jan 8th, 2013 8:52 AM

I intended to focus on the fact that Desiree was separated from her attorney, I believe per court instructions, as one defendant was forced to sit outside in the court room’s audience area. I believe it was a mandate, not a choice.

If you look at my photos, you can tell how far away the audience is from the attorneys, no matter what the seating configuration.

by John E. Colby

Wednesday Jan 9th, 2013 12:34 AM

None of these defendants should ever had to set foot in the courthouse. Their persecution by DA Bob Lee and his prosecutor Rebekah Young is a local disgrace. DA Bob Lee and prosecutor Rebekah Young conspired to deprive the Santa Cruz Eleven of their civil rights under the color of law by abusing their positions of authority.

In addition to setting themselves up for civil lawsuits for color of law violations, I suggest filing color of law complaints with the U.S. Department of Justice and the FBI.

I am willing to assist the Santa Cruz Eleven file color of law complaints with the U.S. Attorney General and the FBI. I have filed civil rights complaints with the U.S. Department of Justice before. Done right, this could initiate an investigation which could eventually result in civil and/or criminal penalties for DA Bob Lee and prosecutor Rebekah Young.

DA Bob Lee and prosecutor Rebekah Young must be held accountable for their misdeeds. They are a local disgrace.

by Sum Dim

Thursday Jan 10th, 2013 12:03 AM

Becky on some forum, was commenting on how the defendants were “victimized” by this process. In fact, I think she suggested that the defendants were the “only” victims in all of this. Both her supporters and her detractors were commenting that this ruling was a “victory” for the accused, disagreeing on whether they were happy about that, or whether it made them wish to go throw themselves off the nearest bridge in despair.

I would put it to Becky and all the other participants in this process, on all sides, that the process itself, due process, specifically, has been the saving grace, and the affirmation that much is right in our world. The defendants were no more victims here than were the shareholders of Wells Fargo and whichever Berkshire Hathaway reinsurers actually pay to fix that building. Nor were they victims any more than the citizenry of Santa Cruz are when Robert Norse makes everyone waste $150,000 fighting silly lawsuits over perceived injustices that, as the courts ultimately rule, exist only in his rich imagination.

The defendants received due process in all it’s glory. We should all thank our fellow citizens for the opportunity to live in a society where we can all receive a fair hearing.

In many places in the world, an Occupy movement couldn’t happen, and people like Robert and Becky would be taken out back and summarily executed. Not only does that not happen in America, but they receive a fair shake every time they go to court. Sometimes they win, sometimes they lose. But every time, justice is served.

Let us all give thanks for that. And congratulate them on their acquittal today.

by Linda Lemaster

Thursday Jan 10th, 2013 8:30 AM

Dim Sum, I am personally sympathetic with your view of justice. And truly am grateful we still have relative freedom, and the right to defend ourselves against our accusers in some degree in this Country, not so for most of humanity.

But, when you suggest Due Process is working, could you define “due”? I have become alarmed at the rate of compromise and outright neglect gearing California’s courts.

Like our roads, “Lady Justice” has really taken a series of direct hits, and has not had the upkeep and systems management required for an infrastructure to keep pace with increases in demand. Not just population bubbles; also the monolithic growth of demand for legal answers in a field of (i believe) accelerated economic and cultural changes.

by Sum Dim

Thursday Jan 10th, 2013 2:47 PM

Linda, before I begin, I am Sum, of the Leicstershire branch of the Dim family, and not Dim, of the famous Sum family from Gangnam, South Korea.

No worries. It’s a common mistake.

I’m not sure how, directly, to answer your question, but I get the impression that the thrust of your query is that you feel that the defendants didn’t receive their fair share of justice; that is to say that they were owed more justice than they received.

As I indicated, I feel that this process has affirmed that much, but not all, is right in our society. One could quarrel over the imperfection of the system, and to what extent the quality of justice is strain’d. However, the fact that the system produced the result it did, does in itself give the lie to the popular refrain on this site that we are living in a police state, and that our civic leaders and judiciary are akin to Nazis and fascists. Can you recall a police state in which the police were told to stuff it, and the state’s prosecutors were fined for failure to comply with an evidentiary process? Of course not. In a police state, justice would have been meted out at the point of a gun, within an hour or two of that OccuDome thing being erected.

So, while Robert and Becky have won this battle, in a sense, in so doing, they have lost the bigger argument, which is over their claim that the system is incapable of justice.

Stalin didn’t allow people to wear bathrobes in his halls of government. Robert wouldn’t make it very long in an actual Stalinist state. People have died on battlefields in faraway places so that people like he and Becky Johnson can behave the way they do. This is a noble and a necessary thing in the furtherance of freedom. This terrible price, and the other expenditures associated with the machinery of keeping a free society functioning freely, such as police and courts, prosecutors and public defenders, are what we accept as the price of our freedom. It’s worth remembering that its isn’t free. Quite conversely, it is extraordinarily dear. It’s a pay-to-play system, and when one engages it in the manner of the Santa Cruz Eleven (or Seven, or Four…), then one must be prepared to also bear the costs of seeking justice.

So, I’ve no sympathy for the defendants here, but I also have no sympathy for the police or the prosecution, who were either wrong, or incompetent. The only person I feel sorry for is Burdick, who must’ve been really exasperated at this enormous waste of his time.

I’ll say again though, that the winners here are all of us, and the prize is our imperfect freedoms, for which we should all give thanks.

by John E. Colby

Friday Jan 11th, 2013 3:31 AM

Sum: you conflate two kinds of oppressive political systems with each other. Stalinism is one end of the control spectrum. The other end is the society employing the “Iron Cage” employed in Western Capitalist societies. In some ways the Soviets had more freedom because they had no illusions about the control matrix they lived inside.

Here is some reading for you Sum:

Max Weber described the bureaucratization of social order as “the polar night of icy darkness”.

http://en.wikipedia.org/wiki/Iron_cage

I also recommend Erich Fromm’s Escape from Freedom:

http://www.amazon.com/Escape-Freedom-Erich-Fromm/dp/0805031499

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/

Lost in Landers’ Library Labyrinth: Show Us the Records!
by Robert Norse ( rnorse3 [at] hotmail.com )
Saturday Dec 29th, 2012 3:14 PM

After the Library Board magnified the penalties on such “abuses” as having “unattended property” in the library on December 4th, I put in a Public Records Act request to determine what quantity of complaints provoked the change that increases a one month suspension of “library privileges” to six months. After a month, I’ve still received no answer. For those with extra time on their hands, here’s the progress of that journey:

NO SLEEPING BAN BUT INCREASED PENALTIES GENERALLY
While a strong voice from the community defeated one small part of the heightened penalties in the County’s public library system (the “Sleeping Ban” provision), everything else requested by Teresa Landers, Head Librarian, passed. And the Sleeping Ban is likely to be brought up again at a subsequent meeting now that its chief opponent Katherine Beiers is off the City Council (which appoints two members to the Library Board). David Terrazas, the other Council appointee, seems gung-ho to socially cleanse the library of the blight of visible homeless people there (or insist they store their property in non-existent lockers, have a good night’s sleep at a non-existent safe sleeping spot, and shower at hard-to-find shower services before entering the privileged portals).

At the bottom of every e-mail Teresa Landers’ sends is a boilerplate quote: “The libraries’ most powerful asset is the conversation they provide–between books and readers, between children and parents, between individuals and the collective world…Turns out that libraries have nothing at all to do with silence.” Bella Bathurst, “The Secret Life of Libraries,” The Guardian (U.K.), May 1, 2011.

But did this same Landers spearhead the campaign to increase penalties and tighten rules around service dogs, bad-smelling people, sleeping, and unattended backpacks in the library? We don’t know since she’s refused to reveal the history of her e-mails on the subject (as required by the Public Records Act).

The latest set of procedures, which she twice argued for at the November and December library board meetings expands broad disciplinary/exclusion powers of library staff. Apparently the focus is to exclude “troublesome” homeless people “using” the library with their backpacks, odors, and sleep-deprived (city-created) disability.

But what is the real magnitude of the problem. I could get no answers from her at the Library Board meeting in early December (“I don’t have my records with me”). When I tried to get access to records subsequently, well–read on…

Bruce Halloway, a member of the public in the audience at the December meeting, several times addressed the Board. On one occasion he remarked that Landers had refused to provide him with access to the previous meeting’s minutes, instead brushing him off and telling him to write out a Public Records Act request and wait 10 days.

I expressed concern that Landers had not provided an Agenda packet to the audience, so we could tell what the Board was talking about. Nor had the Agenda provide any clarity about which items were open for public comment and which were not—something apparently the Chair decided arbitrarily. See “Update: Small Victory, Larger Defeat” at http://www.indybay.org/newsitems/2012/11/30/18726836.php?show_comments=1#18727113

SEEKING WISDOM IN OLD RECORDS
To delve deeper into the reasons for the new anti-homeless policy, I sent the following Public Records Act Request on December 4th:

To whom It May Concern:

Please provide access to all  copies of complaints against patrons at all branches of the Public Library system from Jan 1, 2012 through the present as well as any records, e-mails, statements, written, audio, or visual regarding library policies impacting library rules that might result in a warning or suspension of library access.   This would include communications to and from the public, public officials, police, security agencies, and  any other group or person around this issue.

Please also provide access to copies of all agendas and minutes of the Board’s meetings through 2012.

I prefer e-mail access to these records.  In the event this is not possible, I would like to see the records prior to deciding which ones I need to copy.

Please advise  me whether a hard copy of the minutes of the prior meeting and agenda packet was available at each of these  meetings.

Further, please  advise me as to whether action items were listed as such on the agendas.

Finally, please advise me as to whether a public comment was provided for each agenda item (as it was not at the December 3rd meeting, except for the one “staff report” item on the rule changes).

I would suggest you publicly announce all these conditions will be corrected at the next meeting or face a Brown Act complaint.

If you have any questions regarding  this request, feel free to call me.

Thanks in advance for your assistance.
Robert Norse (831-423-4833)

Not having heard from her, on December 12th, I sent this follow-up:

Please acknowledge receipt of the Public Records Act request and advise me of its status. Thanks, R. Norse

RESPONDING TO A NON-RESPONSE
Still not having heard from her, four days beyond the legal deadline she is required to respond by, on December 18th, I sent the following:

Teresa:

You have not responded to my query of December 4th.  That feels rude and unhelpful.  It also throws into question your suggestion to a member of the public prior to the last Library Board meeting that making a Public Records Act request in writing is the proper public mode to secure records you are unwilling to provide informally.  You may recall you refused to provide a copy of the minutes from a previous meeting because of “staff problems” and required him to make a written Public Records Act request.

More important, however, you have also not responded to the Public Records Act request in that e-mail (repeated below for your convenience).  This contravenes state law, requiring a response within 10 days or some explanation of the delay.  For your convenience I have emphasized in bold the specifics requested in the Public Records Act communication of December 4th.

You have also not advised me of the status of the request as requested in the e-mail below of December 12th.  Please do so ASAP.

You also declined to make available the agenda packet of the Board at the last Library Board meeting, nor to assure us that this will be done for all future meetings as a matter of public right under the Brown Act.   Please reassure us on this straightaway.

Moreover the make-up of the agenda seemed to make it unclear which items were actually agenda-ized (and so required the Board to hear public comment) and which weren’t.  Again, I request you clarify that for future meetings this be made obvious to the public, so that the chair is not put in the position of differentially allowing comment on some items, and not on others.

If you decline to provide an answer to the other simple questions put forth in the December 4th e-mail, you require me to  seek further public records which I feel unnecessarily burdens you and your staff, so please avoid this by being direct and concise.

If you are not the appropriate person to address these concerns, please so advise me.  I am also cc-ing the chair of the meeting.  I believe that between the two of you, you share responsibility here.

Thanks, Robert Norse

I included a copy of the original Public Records Act request of December 4th with the first three paragraphs reprinted in bold for emphasis.

TERESA RESPONDS
To this, Teresa responded (on December 18th). She wrote “I provided the information requested that I have available to the City Clerk’s office which processes Public Records Act requests for the Library. That office will be responding to your request if they have not already done so.”

Note she did not answer any of the questions directly whatsoever, information she surely had about providing agendas to the public, etc.

I replied on the same day: Thanks, Teresa. Please send me a copy of your forwarding request–which would include the date forwarded. It’s not clear to me why you didn’t respond directly to me, since you clearly have the information and I’m the one who wants it. Could you clarify?

She declined to send me a copy of her forwarded e-mail to the City Clerk’s office but did right (again on the same day): “The City Clerk’s office has a way to track requests so they handle them for us. Also, some of the information you requested is not in the Library’s possession so the City Clerk;s office handles gathering the information.”

This, of course, ignored any information she might have and sloughed off any personal responsibility which she likely has for creating agendas, making them available, providing her own e-mails on the subject to the Board, etc.

ANGER FROM THE STREETS & THE SLAPDOWN THAT FOLLOWED
Ricardo Lopez, a street musician who can often be found in front of downtown New Leaf on Pacific Avenue, wrote Landers an angry letter about the situation which included some harsh criticism such as

“Come on T.L.. whatta ya thinking? …You’re above the law, because the law is for the people who have so much less wealth than you, right?…you’re… apparently nursing some kind of psychological misanthropy … Quit. Let someone else make the city run right….Just buckle down at Macdonald’s or Taco Bell, or where ever your new job is, and work hard to make Santa Cruz a better place in your own little way, which is much better than your doing now. Right? You can’t or won’t or don’t want to do your job. So it will be easier if you’ll just get out of the way, and let a decent, moral, psychologically stable, and more importantly competent person administer…”

Within a week, Lopez notes, he was accosted in the library by a burly First Alarm security guard under the new “unattended property” (he’d left his backpack at another table while using the library computer, he says). Lopez reports that though he was able to retrieve his backpack, which the guard threatened to “throw outside”, he is now apprehensive about returning to the library.

PERSISTING IN THE PUBLIC RECORDS ACT REQUEST BUT STILL NO CIGAR…
In response to Landers e-mail, I replied: Thanks again, Teresa. I  don’t see a copy of the e-mail forwarded to the City Clerk. Could you please  forward  that to me, please, as requested since this Public Records Act is now overdue. Also  while I  appreciate your forwarding requests about information you do not have to the City Clerk, it would save time (and frustration) for you to forward information you do have to members of the public directly.  Will you be doing this or will you continue to reroute requests through the City Clerk? Thanks, R

The next day city administrator/clerk Bren Lehr cc-ed me that he was directing Nydia Patino to provide some long-awaited answers. I thanked him.

On the same day one of Lehr’s workers sent me an e-mail advising me that Board packets from 1997-2005 were available for review and that more recent ones were on-line at http://www.santacruzpl.org/aboutscpl/govern/ljpb/. She also included the Manual for “Problem Situations” dated 2007 (without the latest harsher measures passed by the Board three weeks before) and some e-mails between Landers and different groups. However there was no specific record of the supposed complaints that prompted the tightened policies.

There were some interesting exchange between Councilmember and Library Board member Terrazas & Landers suggesting that a “Triple Fine Zone” be established at the library, similar to the one to rein in drunken revelers (and collect a bit of cash for the City bureaucrats) on Halloween, the 4th of July, and New Year’s. I’ve yet to parse those but hope to do so soon with an additional report.

STILL LOOKING FOR THE RECORDS–AND ANOTHER DELAY UNTIL AFTER THE HOLIDAYS
So I replied the next day:

Pursuant to California Gov’t Code 6253(a) I ask you to collect the Library’s completed “incident reports” for year 2012 for all branches, so that I may arrange to inspect them at the Santa Cruz Main Library, and choose to have some or all of them copied for me.

Note that although these incidents reports are declared to be confidential and to not be public records, your agency cannot declare records to be exempt from the California Public Records Act (CPRA) by fiat. They are not investigatory records of a security agency. They are not personnel records. I do not believe they are exempted by any California state law from being made available for my inspection. The privacy of third party individuals may be protected by redacting those portions of these records prior to my inspection.

If these records are available electronically, such as in PDF or DOC formats, then I ask that they be made available to me electronically, preferably by email.

Thank you for ensuring the operations of the Santa Cruz library are open and transparent to the public by fulfilling this request without obstruction or unnecessary delay.

And a day later, Landers replied: “The incident reports you have requested are not maintained by the Library. Once we have reviewed them they are filed with the risk management division of the City. That office is closed until January 7, as is the City Clerk’s office.  The City Clerk’s office will arrange for you to review those documents after January 7. They are not available in electronic form.”

That Landers made no mention or itemization of complaints received over the last year in pressing for a new policy or in formulating one in internal memos, seems to me unlikely. It was also her responsibility to have responded to this request by December 14th—which included forwarding it to the Risk Manager. The point being that unless one continues to apply persistent pressure, answers don’t come.

Those who wish to weigh in on this issue can find e-mails for the Library Board (minus Beiers) at http://www.indybay.org/newsitems/2012/11/30/18726836.php .


Comments  (Hide Comments)

by John E. Colby

Saturday Dec 29th, 2012 4:46 PM

It’s a sad day when even the libraries in our city lack openness and transparency. It’s a library FGS. If a library acts like a secret government agency it shows the entire city government has devolved into being completely anti-democratic.

Santa Cruz is a plutocracy, where most of the citizenry are sitting on the outside. Government functionaries feel no responsibility to the citizens. They believe their agencies exist to serve themselves, not the citizenry. They don’t see themselves as being employed by and responsible to the public but acting for themselves at their own whims.

We must take back our government (because they have stolen it away from us).

by Sylvia

Sunday Dec 30th, 2012 8:39 AM

I too am disturbed by seeing blue uniforms patrolling within and without the downtown library, and I appreciate the persistence in trying to get information and ensure transparency. I think Occupy Santa Cruz could make this a project, be available for comfort and a resource to those who don’t fit into the library patron image, have an ongoing presence during all open hours. There’s an opportunity to draw attention to a local problem – no place to shelter or sleep – in a positive way that might shame electeds into acting and reinvigorate Occupy.

by Bruce Holloway

Monday Dec 31st, 2012 8:42 AM

Robert, thanks for the chance to discuss some of this on your show yesterday, approximately between 4:00:00 and 4:30:00 here:

http://radiolibre.org/brb/brb121230.mp3

We never quite got around to the apparent violation of Brown Act subdivision 54957.5(c) in the form of a map which was not provided to the public at that meeting.

I’m going to miss Katherine Beiers. She has more brains and guts than almost anyone twice her size. Maybe she’ll apply to be the next citizen member of the library board.

I’m thinkin someone named Bren is a gal.

I wrote “Bruce Halloway, a member of the public in the audience at the December meeting, several times addressed the Board. On one occasion he remarked that Landers had refused to provide him with access to the previous meeting’s minutes, instead brushing him off and telling him to write out a Public Records Act request and wait 10 days.”

But I learned from Bruce in a later conversation (mentioned above by Bruce) on my radio show that he had actually been searching for earlier minutes–the minutes to recent meetings are on line. Apologies to Teresa and Bruce for this misunderstanding.

Also I was informed last week that a copy of all the complaints made by and to library staff last year in all branches of the library is now available for viewing at the City Council offices at City Hall at 809 Center St. Just tell them you’re looking for the Library Complaints Public Records Act information which Robert Norse requested.

As I understand it, these complaints will only be viewable for another few weeks before they’re returned to the storage archives and will then require another 10 days or more to secure. If anyone takes the time to go through them, please note your thoughts. I’ve only checked over a fraction of them so far.

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.

Santa Cruz 11 Benefit

Published on December 27, 2012 in News

Show community support for the Santa Cruz Eleven at a benefit on Sunday, January 6, 2013, at India Joze in downtown Santa Cruz starting at 3:30 p.m.

Enjoy a delicious plate of India Joze food, listen to local musicians and support The Santa Cruz Eleven, seven of whom still face charges arising from their alleged involvement with the occupation of a long-time vacant bank building late last fall, 2011. $10 – $15 suggested donation, No one turned away.

The defendants would also love to see you at their preliminary hearing, scheduled Monday, January 7th, 9:00 a.m. in Department 6 of the Santa Cruz County Courthouse.

 

Defendants are still charged with (1) felony conspiracy to commit vandalism and/or trespass, (2) felony vandalism, (3) misdemeanor trespass by entering and occupying, and (4) misdemeanor trespass by refusing to leave private property.

As economic disparity increases, Santa Cruz County continues spending money to prosecute people who bring these issues to the foreground. Check out the SantaCruzEleven.org website for more information.

India Joze is located at 418 Front Street across from the Metro Center.

Spread the word!

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.

HUFF braves the rain and the post-Xmas slump at Sub Rosa 703 Pacific 10 AM 12-26

Tue, 25 Dec 2012

Meeting as usual:  Up for discussion and prep–the SC-11 Benefit on 1-6 and the Preliminary Hearing on 1-7 with 7 attorneys (or perhaps 6, if Angel’s Jesse Rubin drops out)…Library Crackdown and Response…Creating a Short Real guide of Resources That Actually Exist…DIY Parade…and more!   Coffee, munchies, and palaver.  Come on down!

What is 75 River Street worth to Wells Fargo?

by Becky Johnson
December 23, 2012
FOUND ONLINE HERE

Santa Cruz, Ca. —  On November 30th 2011, 100 to 200 people entered an empty bank building leased to Wells Fargo and turned it into a community center.  After 3 days, they cleaned up the building and silently departed, having made their point: Empty Building ARE the crime!  Especially in a City where over 1000 homeless people shiver in the cold each night, and hundreds of people would welcome having a space such as 75 River Street in which to open a business, a non-profit, or some City service which serves the public. Instead, we get nothing. No jobs. No services. Very little in the way of taxes. A deadspot right downtown, so central to Santa Cruz it shares a boundary with the main Santa Cruz Post Office building.

A forlorn-looking “For Lease” sign has been hanging on the north-west corner for years now. Records show that last time the building had an occupant was in 2008 when Wells Fargo “merged” with the locally-owned Coast Commercial Bank. As of this date, its been empty for four years and counting.

Here is why we shouldn’t expect this building to have a tenant anytime soon, especially not at the $28,790/mo. asking rent. You see, the ACTUAL rent Wells Fargo is paying to property owner, Barry Swenson Properties, is $37, 714.90/month. Rentals of commercial properties in downtown Santa Cruz are extremely costly, but even so, no one has rented this space at only 76% of its actual cost.

To understand why Wells Fargo continues this practice, one must understand how banks work. This isn’t the easiest of tasks as bank practices are shrouded in mystery, with all disputes settled in mediation and not subject to criminal prosecution or public record. However, back in the early ’90’s, the Federal Reserve Bank of Chicago published a helpful pamphlet called “Modern Money Mechanics.” While currently out of print, some enterprising person photo-copied it and helpfully posted it online here.

Here is undoubtedly what Wells Fargo is doing with the property at 75 River Street.

Taking the higher amount (the ACTUAL rental cost) of $37, 714.90/mo. we multiply this by 12 so we can determine the yearly value/cost of the lease = $452,578.80/yr

This value is added to Wells Fargo‘s portfolio as an asset with a dollar value, whether it is rented out or not. According to the rules of the Federal Reserve fractional banking system, WF must keep 1/10th on hand and can lend out 9/10ths of the value to its customers in the form of home, car, and business loans. Therefore, the $452,578.80 becomes the 1/10th and WF legally places 9/10ths of that amount into its general accounts, manufacturing that amount completely out of thin air.

Wells Fargo now has $4,073,209.20 to lend out to you and to me. EVERY YEAR!

Cumulative expansion in deposits on initial deposit of $10,000 over several stages resulting in over $95,000 after 20 stages under Federal Reserve fractional banking system. –From Modern Money Mechanics

They get to keep all of the interest made too.

Out of  this inflated amount they pay Barry Swenson Properties $452,578.80 a year rent. He pays the property taxes of $40,000/yr. netting a profit of $412,578.80 per year on the vacant building.

Wells Fargo is now $3,620,630.20 to the good for just one year. This exceeds the asking rental amount of $345,480.00/yr rental income they would get if they actually rented it out to a tenant. Since the property is NOT rented, WF is probably deducting either the lower amount or the higher amount of $452,578.80/yr as a LOSS to offset profits elsewhere in their portfolio.

Now if Wells Fargo has any kind of relationship with any other bank, let’s just say Bank of America, since they have a legal relationship with any bank registered with the Central Banking system of the United States, including BofA. They can “lend” the lease to B of A as a “Stage 2” deposit (minus the 10% WF keeps in its reserves).  So  B of A then takes the $4,073, 209.20 WF has available to loan.

Since they too are a bank, they can keep 10% as reserves so that THEY can now lend out $36,658,881 keeping the $4,073,209.20 “in reserve”. B of A can now “lend” this amount to another Central Bank, say Chase as a “Stage 3” deposit and they can inflate the amount by nine-fold as well. And this is how money is created.

Why do bankers get to manufacture all this money out of thin air? Because of the Federal Reserve System which was established in 1913.  Why do we allow bankers to profit so immensely while leaving “dead spots” in our community? I guess because no one can believe what the enormity of their crimes.

Currently I am facing 4 charges leveled by Wells Fargo against 11 local activists, Occupy Santa Cruz members, and alternative media journalists. I am accused of felony conspiracy to trespass and felony conspiracy to vandalize the empty building at 75 River Street, as well as 2 misdemeanor counts of trespass and vandalism.  You see, as a homeless activist, I believe these buildings should be used for housing, businesses, non-profits, or community services. With homeless people dying on our streets, Empty Building ARE the Crime! While I am innocent of these charges, I considered the 3-day occupation of the building to be a righteous act drawing attention to an injustice occurring right in our community.

In addition, Wells Fargo has cooked up enormously overblown charges of $26,000 in “damages” for which they have submitted billing sheets. Of the 9 contractors WF used, not a single one was from Santa Cruz County, including rekeying the entire building using a locksmith in Foster City and getting broken furniture removed and taken to the dump by a contractor in San Leandro, California. In fact, these invoices for “damages” mirror the trumped-up documents Wells Fargo uses as assets to charge you and me REAL money.

But until the fractional banking reserve system is reformed, we will see no changes. Empty buildings surround every bank we see. And indeed, in Santa Cruz, they are everywhere.