THOU SHALT NOT COPWATCH
Brent got screwed because he challenged the authority of the cop by watching and commenting. He was obviously not really obstructing or interfering (or he would have been charged with that misdemeanor crime). Nor was he sitting. Leaning and squatting–according to the 2002 debates on the Sitting Ban (which specifically considered that question) rejected “leaning”, much as fashion-conscious merchants wanted to include it.
The Sitting Ban has nothing to do with obstructing the sidewalk, obstructing officers, or public safety. It has to do with obstructing poor and counterculture folks (or anyone the merchants find unsightly) and giving maximum discretion to the police so they can move people along. That’s why Measure S was recently defeated in Berkeley. The Berkeley service providers, three members of the Berkeley City Council and the local ACLU mobilized against it.
Of course, we haven’t heard a peep from Ken Cole (head of the Housing Authority), nor Monica Martinez (Executive Director of the Homeless Lack of Services Center), nor the local ACLU, nor–of course–any City Council members. Our City Council unanimously voted to increase the penalties and scope of the Ban in 2009.
Copwatching is legal and important. I spoke with two observers who witnessed the entire “trial”. Judge Volkman reported reprimanded Adams for his copwatching activity, suggesting it was a “lesson” for him. If “shut up, close your eyes, and keep moving” is the lesson, I suggest we fire the teacher.
BANNING CUSTOMARY AND PRESUMABLY FIRST AMENDMENT-PROTECTED ACTIVITY
The current Sitting Ban (so-called since it bans sitting in 90% of the sidewalk in business, downtown, and beach districts) is a nasty ordinance which has never had a real constitutional challenge (as Berkeley’s did).
9.50.012 Sitting Down on Sidewalks in Designated City Zones: In the C-C community commercial, C-N neighborhood commercial, C-B commercial beach, CBD central business district, and R-T tourist residential zoning districts, no person shall sit upon the following enumerated portions of a public sidewalk: (a) At any bus stop; (b) Within fourteen feet of any building. Where any portion of a building is recessed from the public sidewalk, the fourteen feet shall be measured from the point at which the building abuts the sidewalk; (c) Within fifty feet of any ATM machine or cash disbursal machine, or any other outdoor machine or device which disburses or accepts coins or paper currency except parking meters and newspaper vending machines; (d) Within fourteen feet of any fence that abuts a public sidewalk; (e) Within fourteen feet of any drinking fountain, public telephone, public bench, public trash compactor, information or directory/map sign, sculpture or artwork displayed on public property, or vending cart; (f) Within fourteen feet of any street corner or intersection; (g) Within fourteen feet of any open air dining area or cafe extension; or (h) Within fourteen feet of any kiosk.
Since most sidewalks are 10′ wide in all other places than Pacific Ave, this simply bans sitting where there are buildings–period. It’s designed to “clear away the riffraff” and give us the Shopping Mall look. The latest 2009 twist was to include “sculptures” and “directory signs” as creators of 14′ forbidden zones. As well as increasing penalties on “unattended” tickets to create both (a) a new misdemeanor crime (MC 4.04.015) and (b) the right to charge every subsequent infraction crime, no matter how petty or irrelevant as a misdemeanor ((MC 4.04.010(4)).
TICKETS WITHOUT WARNING
Other ordinances that involve the creation of “forbidden” zones have warning provisions. Benches, for instance, have a ridiculous 1-hour restriction.
On those benches that still remain that is–three have recently been removed on Cooper St., perhaps at the behest of the noxious Nextspace, a Coonerty-founded business.
For instance 9.50.12, Sitting down on Public Benches in Designated Zones, which forbids you to “sit down upon or otherwise occupy a public bench or use a public bench to store property for more than a total of one hour during any given twelve-hour period” has a second provision that “No person shall be cited under this section unless he or she has first been notified by a police officer, public officer or downtown host that he or she is in violation of the prohibition in this section, and thereafter continues the violation.”
Not so with the Sitting Ban.
MORE ON THE LAWLESS LAWS AND ABUSIVE COPS
For more fun fuck-you-over ordinances, check out “Deadly Downtown Ordinances–Update” at http://www.indybay.org/newsitems/2010/08/29/18657087.php .
For another account of the fun-loving Officer Ahlers, see “Selective Enforcement and Harassment by Santa Cruz Police on Pacific Avenue” at http://www.indybay.org/newsitems/2012/09/13/18721560.php
RESTORING THE CONSTITUTION
Since we have a hopeless City Council, responding to the agenda of Take Back Santa Cruz, the SCPD, the SC Neighbors, and the DTA, I’ve fond the best response is to do what Brent tried to do: point out the abusive behavior of the police, hosts, and private security thugs.
When you do this, I suggest you address passersby, keep at least 10′ away from the incident. Take a step back if asked. Document what you’re doing with a phonevid or some other device, and try to have a second witness with you. Often cops will stop and park their running squad cars in the middle of the street to deal with the “emergency” of a “criminal sitter”.
Alerting the public walking by to this has often, I’ve found, shortened the police action and encouraged them to move on to more sensible priorities.
It’s also quite appropriate to fine a formal Internal Affairs Complaint with the Professional Standards Unit of the SCPD or contact the City’s so-called “Independent” Police Auditor with your concerns. You don’t have to be the target of the abuse. You just have to witness what you felt was wasteful, abusive, or uncalled-for police behavior.
FILING A COMPLAINT
An on-line form to fill out when you witness or experience abusive behavior of any kind from the SCPD can be found at http://www.cityofsantacruz.com/Modules/ShowDocument.aspx?documentid=9334 . Just make sure you check #5 at the end, indicating it’s a “complaint” and not a “Comment” or any of the other classifications that are essentially irrelevant.
Robert H. Aaronson is the auditor. He wanders in occasionally from his roost in Palo Alto to collect 20Gs a year or more, never bothering to issue a written report that I’ve heard about. Still it makes a record–and that can count later for others who want to make Pitchess Motions in court challenging an officer’s credibility or violent behavior in a future case. Aaronson’s e-mail is not given, but is on the City website as a form at http://www.cityofsantacruz.com/index.aspx?page=983 .His phone is given as 650-565-8800.
Again–the purpose of these is not to expect any kind of justice or accountability. Rather to simply make a record. If you do complain to either Aaronson or the SCPD, please post a copy on line as well.