Lemaster Lodging trial turns into inquisition and hate-fest

Becky Johnson: One Woman Talking

November 9, 2012

Original Post

Linda Lemaster (left) attending one of many pre-trial hearings with supporters, Leslie and Kent, November 2, 2012 for a “lodging” ticket she got two years ago. Photo by Becky Johnsonby Becky Johnson

November 9, 2012
Santa Cruz, Ca. —  According to ADA Alex Byers, Linda Lemaster faces Six Months in Jail for the “crime”of sleeping/not sleeping on public/private property with /without possessions for a long/short period of time which can be intentional/unintentional, all subject to the “permission” of the “authority.”
  
Linda is on trial for PC 647 ( e ) or  illegal “lodging” under a little-used portion of the State code, which sheriff’s had not used before citing protestors at Peace Camp 2010.
According to Byers,  a protester with his/her sign attempting to peaceably assemble to seek redress of government grievances may do so:
ONLY where the govt. tells them they can.
ONLY when the govt. tells them they can.
And, apparently, NOT while sitting, lying down, or sleeping since these = lodging. And if a Sheriff tells you you can’t “lodge” then whatever you are doing is “lodging.” According to Byers, Sheriff’s didn’t need to prove a person was “lodging” in order to issue a citation. Only that they were “still there on the steps when sheriff’s came back.”

On the night of August 10th, as Linda Lemaster was cited for illegal lodging, Sheriff’s moved elderly, Collette Connolly off the steps. Here she collapses in exhaustion on her belongings a scant 50 feet from the courthouse. Why Sheriff’s told us the steps of the courthouse were illegal at 4:30AM but the parking lot was not was only one of the many arbitrary and confusing encounters Peace Camp 2010 had with law enforcement. Photo by Becky Johnson

Oh, THAT’s a convenient definition of the code! When a sheriff hands you an unsigned piece of paper, then, according to Byers, that person “has been educated”that they no longer have the right to carry a sign, to protest, or to seek redress of government grievances.  And if a protester wants to publicly assemble? They must follow “time, place, and manner restrictions” which are not written in the law anywhere.
Christopher Doyon a.k.a. “X” of Peace Camp 2010 pauses on the lower steps at Peace Camp 2010. In the background, Ed Frey’s white, pick-up truck can be seen hitched to the camp porto-pottie. Other than Ed’s privy, homeless people had no access to a bathroom at night other than at Peace Camp 2010. Photo by Becky Johnson July 30, 2010
For ADA Alex Byers, camping = lodging except that “camping” is not illegal in that particular location under County Code.
While camping is , according to Byers, essentially the same thing, “lodging” rates 6 months in jail and/or a $1000 fine. And CAMPING is legal in the location where Linda was cited.   Committing the same crime in the City (and Lemaster WAS in the City when she was cited) rates a $92 citation or 8 hours of community service as a possible consequence. So why did the sheriff’s use the statewide “lodging” code rather than the County’s camping code or the City’s Sleeping and Blanket ban?
According to ADA, Alex Byers, it was due to “tolerance.”
Those at Peace Camp 2010 know better. The plucky little group had discovered that the County’s camping ban does not apply to the grounds around the courthouse and government center. In other words “camping” is legal there. Also, due to jurisdictional agreements, City police do not patrol the grounds at the Government Center. Sheriff’s opted to not enforce City codes against Sleeping and using  blankets. Codes that are all infractions, violations of which do not include jail. These were the twin laws the protest had assembled to challenge.
On July 29th, 2010, Ed Frey received a letter from County Counsel, Dana McCrae. She informed Frey that city ordinances ARE enforceable at the County Center, since it is within the City limits.  The SENTINEL reported that the reason no citations had yet been issued was because government officials, law enforcement officers and legal experts (had to) sort out what rules apply to the property.”

Peace Camp 2010 used public space which is unused at night. This photo taken on July 20th at 8:13PM shows people setting up bedding. At 8:00AM, Ed Frey would drive the porto-pottie off of the property and normal use of the facilities would commence.  Photo by Becky Johnson

Around the end of July,  County Counsel, Dana McCrae dusted off the lawbooks and dug up a code which used language lifted from an 1880 law in California designed to keep freed slaves from moving into the State. Judges Gallagher and in this trial, Connolly further eroded civil rights by creating a definition which lifts language from the 1851 Indiana State Constitution which states:  “No Negro or Mulatto shall come into, or settle in, the State…”

The new definition of lodging which Judge Rebecca Connolly approved: “To occupy a place temporarily or permanently, or temporarily settle or to live in a place, it may, but does not have to include sleeping. It means more than just sleeping and less than moving into a place permanently.”

Byers told jurors of the flyer sheriff’s passed out willy-nilly to anyone who wanted one: The flyer only stated you are illegally lodging without permission. Merely telling Petitioner or anyone else that they are lodging or that they do not have the owner’s permission in no way clarifies what lodging means or how one can avoid it. In this circumstance “to lodge” illegally appears to have meant to the deputies- to further physically occupy space in any manner on the steps of the Santa Cruz County courthouse.

Sheriff’s deputies stopped calling what we were doing as “camping” and started to accuse us of “lodging.” We knew something was coming. About a week later, sheriff’s handed out this flyer which had no letterhead, was unsigned, and unconvincing in its text as part of their “Education phase.”  –Photo by Becky Johnson Aug 7 2010
THE COUNTY’S PLAN
Byers told jurors about a 2-phased Plan to get the protesters to leave the location.
–Education phase followed by an Enforcement phase.
“Lt. Plageman testified that they weren’t’ interfering with the right to protest.
Their goal was to stop people from the intent of the protest which was to violate
the law.” He told jurors that flyers were handed out in the following way:  “If you were lying down, you were sleeping, you were violating the law. At 4:30AM, they were already lodging when the
Sheriffs deputies arrived. They were already breaking the law.”
Sounds like a slam-dunk.
So does the “law” outlaw lying down, or sleeping? No. PC 647( e ) outlaws “lodging”
but that word is not defined anywhere in the code. In 2011, at the Peace Camp Six
trial, Judge John Gallagher made up a definition by looking at old codes and
a dictionary.  Judge Rebecca Connolly has made up a new definition. In neither
case, were any of the defendants allowed access to either definition of lodging
when cited two years ago.
“The dictionary includes 14 different definitions of “lodging,” Defense Attorney Jonathon Gettleman quickly added in.
jurors don’t know that defendants (and their attorneys) have challenged that
Byers showed some really dark and grainy videos which roughly show a mess. John Valley’s voice can be heard and the sound of Linda coughing.  Even worse, he paints the protest as characterized as “junk all over”, none of which has ANYTHING to do with Linda Lemaster. Linda was wide awake at 11PM with no bedding. That, at 4:30AM, sheriff’s came and found her sitting up and looking sleepy, doesn’t mean a crime was committed.
Byers asserted more claims that I doubt are true.
“No one is allowed to lodge on the steps of the courthouse at night.” Huh? Lodging isn’t defined as an activity done at night only. And when Linda Lemaster was there at 4:30AM, she wasn’t trespassing. The courthouse steps were a legal public place to be (at the time. Since this has been changed by County administration to make it a crime to BE THERE between 7PM and 7AM).

Santa Cruz library board delays suspension policy changes

J.M. Brown

Santa Cruz Sentinel:   11/05/2012SANTA CRUZ — The library board agreed Monday to push two controversial issues to its Dec. 5 meeting to get legal advice on a patron suspension policy and replacing a citizen board member.

The proposed patron policy changes allow for staff to suspend someone for up to a year after a series of warnings.

Current rules allow only for a 30-day suspension, after which the next step was to seek a temporary restraining order. Staff now would be able to suspend a patron up to six months or a year after a fourth violation of conduct rules, and there are ways to appeal.

The changes also ban using the library for sleeping. Landers said the rule is not meant to punish those who doze off while reading, but rather those who come to sleep for long periods of time. The new rules also empower staff to remove unattended items, such as backpacks.

The rules also clarify provisions for animals — dogs or miniature horses — that provide emotional support to patrons. The proposed rules would require staff to ask what kind of service or support the animal provides.

Santa Cruz County Supervisor Ellen Pirie objected to the rule, saying the question could violate personal privacy by forcing a patron to disclose a disability.

“I agree you need to ask, ‘Is this a service animal?’ It’s the next step that I’m not sure is wise,” Pirie said.

Landers said identifying the purpose the animal services reduces the city’s liability if the animal injures someone else.

The library also updated the language used on a flier staff can hand to someone who has a strong odor, a piece of paper that on one side urges the person to leave and on the other provides information about free shower and laundry facilities at the Homeless Services Center. The new language tells the person their odor ‘is a violation of our rules of conduct,” a point Landers said interferes with others’ use of the library.

Landers estimates staff hands out a flier once or twice a week at the downtown branch.

Landers said there has been a major improvement in the atmosphere around the branch since the city hired private security guards to patrol the library and City Hall. People have often congregated outside, sleeping, smoking or being loud. There have been problems inside too, including a man staff caught disrobing in the stacks months ago.

Monday, the board also debated the process for replacing citizen Leigh Poitinger, who has represented Santa Cruz. Pirie objected to specifying that a seat be named specifically for the city, saying the library’s bylaws only state that the board’s three citizen seats be geographically diverse.

The board decided to table the matter to get a ruling from the city attorney about a motion passed in 2005 that some believe required city residency for one of the seats.

End of the line for Caltrain encampment

SF Chronicle – Thursday, September 27, 2012

Up to 50 homeless people who live in a makeshift tent encampment on Caltrain station property at Fourth and King streets will be moved in a few weeks, according to homeless advocates and city officials.

But that’s about all they agree on.

To Jennifer Friedenbach, director of the Coalition on Homelessness, Caltrain’s request for bids to erect iron fencing around the property is unnecessary. She said school kids, people with disabilities and others will be needlessly displaced since the camp is working just fine with no reported hygiene or health problems.

The campers have even managed to grow a beautiful garden on the property, Friedenbach said.

“From our perspective, these people have nowhere to go so they’re basically displacing people who are in an emergency situation to the streets and forcing them to experience further crises,” she said.

But Bevan Dufty, the point person on homelessness for Mayor Ed Lee, said the fact that there are juveniles living there is proof the encampment “is concerning.” He said a homeless outreach team will begin visiting campers Tuesday and will make regular visits to convince people to return to their hometowns, accept a shelter bed or move into supportive housing. He said the fence will likely go up in about a month.

“We’re going to say, ‘This change is coming and you need to think about what you want to do and can we help you figure that out,'” Dufty said. “The worst that could happen would be for 50 people to be kicked out onto the streets of SoMa which is what we don’t want.”

He said it’s totally understandable that Caltrain has made this decision and that the agency has kept city officials in the loop.

“It’s their property, and they have every right to do it,” he said. “There have been complaints and concerns about it.”

– Heather Knight

Deputies clear illegal camps near Hwy. 9, Pogonip

By Stephen Baxter – Santa Cruz Sentinel – 09/14/2012

 

Sheriff’s deputy Damon Hancock posts a notice to vacate in an illegal… (Dan Coyro/Sentinel)

SANTA CRUZ — After a Santa Cruz police project to clear out trash and illegal campsites this summer, sheriff’s deputies have started similar work along Highway 9 and other county areas.

In the past four weeks, deputies have focused on an area next to Highway 9 that includes private property and the edge of the Pogonip. More than a dozen campsites have been identified off its dirt trails. Deputies have worked with Santa Cruz police and park rangers because Pogonip is within Santa Cruz city limits.

After deputies posted notices to vacate the camps and pack their trash, nearly all the campers left. Friday, deputies posted notices at a few remaining active campsites and talked about the problem.

“This is encouraging. These are all people that have been warned and (their sites) are empty. But they’ve abandoned all their stuff,” said Sgt. Mitch Medina.

Some of the transients cleaned up their own mess by piling more than 25 trash bags under a train trestle at Highway 9, deputies said.

At perhaps a dozen other sites, there were strewn fast-food wrappers, dirty clothes, shoes and all kinds of other garbage.

Authorities said they wanted the property owner to pay for some of the trash removal. Deputies also were hammering out an agreement with Roaring Camp Railroads to haul some of it out by train. Train tracks run next to some of the sites near Highway 9.

As did Santa Cruz police, deputies who encountered the homeless have handed out business cards with information about shelters and other services. Also similar to police, deputies acknowledged that dismantling the camps was not a long-term solution to homeless problems in the county. Many of the campers they encountered had been kicked out of Santa Cruz, deputies said.

Still, they said the project was valuable because it protected residents’ property, reduced fire risks and cleaned up the environment.

“If we did nothing, the problem would just grow,” said deputy Daren Kerr, who has been working on the project.

The risk of wildfires is real, added Heather Reiter, chief ranger for the Santa Cruz Parks and Recreation Department.

About a month ago, a transient camped along the train tracks near Highway 9 told authorities that he accidentally started a fire. The blaze destroyed his camp but was contained quickly by firefighters.

“He said it originated in his cooking area,” Reiter said.

A separate fire that started at the base of a tree in the Pogonip in May was traced to a transient, Santa Cruz firefighters reported.

Deputies said they planned to continue the project for at least the next few months.

“We’re hoping with the help of the press, we’ll identify more sites,” said deputy April Skalland.

She asked residents who spot illegal campsites call 454-2440 and leave a message describing the location.

Earlier in the summer, deputies said they cleaned out a creek bed behind Emeline Street and Emeline Avenue. Working with County Jail inmates, authorities collected two Dumpsters worth of garbage, Kerr said.

One man also was arrested for two outstanding warrants and on suspicion of drug paraphernalia possession after he was caught with 30 uncapped syringes, said Kerr.

Friday, deputies did not cite or arrest anyone at the site near Highway 9. But they warned a 42-year-old woman to clear out her campsite near the trestle.

She had a tent pitched and a pit bull tied to a tree. Deputies told her she had 72 hours to leave or she would be ticketed for illegal lodging without the property owner’s permission.

The woman said she probably would stay with her mother, but she could not go to a shelter because she was taking care of the dog — which is not allowed in the Homeless Services Center in Santa Cruz.

Like some of the other transients that deputies encountered, she said she did not want to stay at a shelter.

“You gotta be in by 7, you can’t watch TV. I might as well be out here where I’m free,” she said.

She said she was particularly vulnerable as a homeless woman, and asked not to be named because she feared an ex-boyfriend. Once, while she slept, another man tried to stab her with a heroin-loaded syringe. She now carries a knife for protection.

“I wish I had some money and some food,” she said. “I’m stuck here.”

SF seeks mandatory treatment for drunks

Phillip Matier and Andrew Ross,
SF Chronicle , Tuesday, September 4, 2012

A city proposal would take chronic drunks off the street and force them into treatment programs they have refused. Photo: Brant Ward, SFC / SF

A city proposal would take chronic drunks off the street and force them into treatment programs they have refused. Photo: Brant Ward, SFC / SF

Chronic drunks in San Francisco could soon be sentenced to locked treatment for as long as six months, under a plan that has the green light from Mayor Ed Lee.

“We’ve done pretty well at getting some of these individuals to a point where they clean up a little bit – but when you leave them alone, they go right back to their old ways,” Lee said of the city’s current policy of releasing drunks when they sober up.

Under a plan being worked out by the city courts, the cops and the Public Health Department, chronic drunks who repeatedly miss their court dates would be held in contempt – five days for each missed appearance.

Contempt citations are handled by a judge – no trial required – although defendants still have the right to an attorney. Considering that some street drunks have missed 20 or more court dates, rolling the citations into one could result in a hefty piece of time.

And that’s the idea – take them off the street and force them into the treatment program they have repeatedly refused.

“If somebody has 20 warrants, you can pretty much guarantee that someone from the health department has offered them some type of help 20 times as well,” said Katherine Feinstein, presiding judge of San Francisco’s Superior Court.

For those sentenced, the first stop would be San Francisco General Hospital.

“These guys may look tough, but they are medically fragile,” said Barbara Garcia, head of the Public Health Department.

After the hospital clears them, the next stop would be a special wing of the city jail for treatment administered by health department workers.

“Thirty days wouldn’t hurt,” Garcia said. “Once people have been sober that long, they look pretty good and can maybe start to get a handle on their lives.”

Garcia said the hope is for a pilot program to be ready to go within 30 days.

Public Defender Jeff Adachi, whose office would represent many of those facing mandatory treatment sentences, questioned whether targeting drunks amounted to “selective enforcement,” and whether criminal proceedings were appropriate for people who suffer from what “I think everyone agrees is a disease.”

Adachi also wonders whether the jail is equipped to handle a rehab program.

Lee, however, says it’s worth a try – the sooner the better.

“This has been a long time coming,” the mayor said. “There are 68 people on the streets that have cost us tens of millions of dollars going in and out of the hospitals, courts and jail.

“I know who they are, too,” Lee said. “I spent six years at the Department of Public Works cleaning up after them.”

Road show: BART directors will hold special board meetings Friday – in Vancouver, Wash., and Clackamas, Ore. – so they can get a close-up look at how the system’s $484 million light-rail connector to Oakland International Airport is being manufactured.

But first they’ll fly into Portland on Thursday – where BART General Manager Grace Crunican last worked – to get a view of that city’s light-rail system.

BART’s delegation is expected to total 15 – five directors, Crunican and nine senior staffers. They’ll stay at the Hotel Monaco downtown, where – with a government discount – rooms run about $200 a night. Officials put the total cost of the trip, including airfare and meals, at about $8,100.

BART District Secretary Ken Duron, who has been with the transit agency for more than two decades, says the out-of-town meeting is a first for the board.

According to a BART agenda notice, Friday morning’s meeting will include a workshop at Thompson Metal Fabricators in Vancouver, where there will be “a discussion and review of (the) welding and finishing process” for the new Oakland tram structure.

Then it’s on to Clackamas, a suburb southeast of Portland, to see how the rail cars are being built.

But apparently there is more to it.

Hiring local workers has been an issue on the project, and “it helps if directors stare down the contractor and say, ‘We’re not going to accept 24 percent of Oakland residents working on the job site when we said 25 percent,’ ” said BART director Robert Raburn, who is among those going on the trip.

Raburn insists this is no junket. In fact, he says, he put his foot down when Oakland officials invited BART directors to go to Las Vegas last month to look at a tram system used by hotels and casinos there.

Oakland City Council President Larry Reid, for his part, says the Vegas trip wasn’t going to be a junket, either – he hoped to drum up support for adding a $15 million hotel stop on Hegenberger Road for the airport line.

A scheduling conflict forced the trip’s cancellation, Reid says, but a meeting was held in its place – at the Alameda County Transportation Commission‘s board room in downtown Oakland.

Effort to reduce Santa Cruz homeless camps sees mixed results

STEPHEN BAXTER – Santa Cruz Sentinel
Posted:   08/29/2012

SANTA CRUZ – Tucked in the bushes near the southbound Highway 17 approach to the Fishhook, 45-year-old Thomas Delfino camped in a tent under a brown tarp on Wednesday.

As cars whooshed by the highway and the sun beat down, Santa Cruz police Sgt. Dan Flippo and three officers confronted Delfino.

A mountain bike lay nearby with its serial numbers and frame painted black – common features of a stolen bike. Two old laptops and four bike wheels were in the tent, surrounded by dirty sheets, empty soda bottles and a stench from a pile of used toilet paper a few steps down the trail.

Delfino, looking sullen, talked to the officers with familiarity. He said he was no longer using heroin, but he still used meth and marijuana.

He said he wanted to stay clean so that he could see his daughter and his girlfriend’s family. “But I got high the other day,” Delfino said, squinting into the sun.

With an outstanding warrant for possession of drug paraphernalia, he was searched, handcuffed and taken to County Jail. Police would later call Caltrans to clear out the camping gear and trash – minus the orange-capped syringe that Flippo found near the tent.

In the nearly seven weeks that Santa Cruz police have cleared out illegal campsites such as Delfino’s around Santa Cruz, Flippo said Wednesday’s find was common.

Most of the people they have contacted had problems with drug and alcohol addiction, yet most of them left after a 72-hour notice.

Police and some residents said the program has made great strides in cleaning up trash in roadside camps, creek beds and other areas. However, police said it might have shifted some illegal campers to areas in Felton and places outside the city.

Some homeless advocates said it was not an overall, long-term solution.

“I think it’s been successful in dealing with the areas that have been heavily impacted” by the homeless, Flippo said. “The emails we’ve been getting have been overwhelmingly positive in terms of sites being cleared. It’s a piece in the puzzle.”

PILOT RESULTS

In early July, Santa Cruz police started the program mainly in response to complaints by residents of trash and safety problems in areas such as the San Lorenzo River levee, Branciforte Creek and Pogonip.

A fire in Pogonip in April also was traced to transients. Environmental concerns grew, police spokesman Zach Friend said at the time.

With help from city public works and Caltrans, police launched a 4-6 week pilot program to clear out the camps and arrest those involved in criminal activity.

As of Aug. 20, police cleared out 54 illegal camps and identified 159 camps. Police typically ticketed people for illegal camping upon first contact, then posted notices that they had to clear everything out in 72 hours.

Authorities found some of the camps were large hangouts for drug users, such as a wooded area near the offramp from Highway 1 to northbound Highway 17, Flippo said.

The train tracks below Bay Street also was a hot spot, where neighbors were annoyed by late-night noise and drug use. At a marsh near Jessie Street and the San Lorenzo River, police said they found a camp with two mattresses that had been used for prostitution.

Camps also were dismantled between Highway 1 and the Santa Cruz Memorial Cemetery at Ocean Street.

“That used to be a go-to spot for a long time,” said officer Ron Inouye, who has been working on the project. “But now, nothing.”

Some police believe the homeless had congregated in wooded areas near Highways 1 and 17 because it’s a convenient spot. They can panhandle for money on Mission, River or Ocean streets, get food from churches and other food pantries, then buy drugs from dealers in the wooded areas.

Their walking or biking radius is only a few miles, Flippo said.

Since the program started, police said the camps have shrunk from large, established campsites such as the one near the Fishhook to smaller, more mobile sites.

Volunteers and city workers also cleared brush along with the campsites at the San Lorenzo River levee, and some say the change in the past month is striking.

However, police said they had heard more reports of homeless in areas in the San Lorenzo Valley. They were starting to work with the Sheriff’s Office on it, Flippo said.

When police approach a camp – often identified by residents’ complaints – they typically ask occupants if they are familiar with shelters such as the Santa Cruz Homeless Services Center on Coral Street.

Flippo said officers carry cards with information about drug and alcohol rehabilitation services, food pantries and other programs.

“We try to explain the services available to them,” Flippo said.

He estimated about one third of the people they’ve contacted in the project used the services, about a third of the people didn’t use them and a third said they didn’t want them. Many of the programs don’t allow drug use, and they are admitted drug users who don’t want to participate, Flippo said.

Others said the shelter is full, which it often is. Or they said they don’t want to go there because of “drama,” Flippo said – often related to the lines and cluster of people.

FUTURE WORK

Although homeless advocates said they appreciated the environmental improvements in the project, some wondered about some unintended consequences.

Similar cleanups have happened recently elsewhere in the state, said Peter Connery, vice president of Watsonville-based Applied Survey Research. The firm conducts a homeless census in Santa Cruz County every two years. There were about 2,770 homeless in the county in 2011.

Really, breaking up encampments has gone on “forever in the history of noiselessness,” he said.

“It’s not a strategy. Folks aren’t going away, they’re just moving them around,” Connery said.

When police force them to leave, many people lose their belongings, identification and paperwork that helps them access services, Connery said. Also, if the camps are pushed into the woods in the San Lorenzo Valley, for instance, that could lead to problems there.

“They get put into unfamiliar and more crowded surroundings that could exacerbate mental health problems,” Connery said.

“It’s just tough, and they just don’t have a lot of alternatives. There’s absolutely insufficient resources in Santa Cruz County to make things better,” Connery said.

Flippo countered that the project essentially was a small solution to a larger, more complex problem.

Standing near Delfino’s campsite off Highway 17 on Wednesday, Flippo noted that Delfino had been to several drug treatment programs.

“How many times do you send people to a treatment program? What’s the next step?” And how many victims’ (items) were in that tent?” Flippo asked.

“It may not be good for him,” he said of the program. “But it’s good for the neighborhood.”

Big SoMa homeless camp cleaned out

Kevin Fagan
SF Chronicle – Tuesday, August 28, 2012

To most people, the giant homeless encampment at Fifth and King streets was invisible. At most, some could catch a glimpse of tents from the Interstate 280 on-ramp, or from a railcar pulling into the nearby Caltrain station.

But nearby residents and shopkeepers knew exactly what was under that I-280 on-ramp – a sprawling mini-city of tents, suitcases and makeshift Conestoga wagon-style trailers, and a 50-strong homeless population that had been there for years. It was the biggest street camp in San Francisco.

Until Tuesday, that is.

At 8 a.m., an army of police officers, city cleaning crews and street counselors descended on the block-long settlement, and by noon tons of clothing, tents, boxes and trash had been cleared out, either to city storage lockers or disposal bins. City workers said that by Wednesday evening they hope to have it cleared down to bare dirt for the first time in at least three years.

The cleanup was a dirty, complex job. Several campers were methamphetamine addicts, forcing crews to use grabbing tools to pick up used needles before it was safe to clear smaller garbage.

“This camp has always been a real mess,” said California Highway Patrol Officer Sarah Wrathall, watching workers with breathing masks sort debris. “There’s a lot of rats, a lot of excrement, a lot of waste.”

City homeless outreach counselors, meanwhile, waded into the crowd. By the end of the day, they had gotten 10 people into temporary housing and on track for permanent supportive residences.

“I can’t believe I get to live inside again,” said Brenda Clark, 48, sitting by her chest-high mound of belongings and waiting for a van to take her to a city-funded residential hotel room. “I got evicted from my last hotel in April, and I didn’t know where to go, so I wound up here.

“I can’t wait to have a real shower,” she said with a toothless smile.

Bevan Dufty, point person on homelessness for Mayor Ed Lee, said the ultimate goal of the joint effort by the various agencies that carried out Tuesday’s clearance was not just to bounce street people down the block to make the area prettier.

“Our objective is to go in and start engaging,” he said. “I have enormous faith in the outreach team, and we will be going back again and again to that spot to help people with housing and services.”

Dufty said he was encouraged that this month, the Board of Supervisors allocated an extra $3 million for homeless shelter, housing and counseling.

The camp has been regularly visited for years by city police, CHP officers including Wrathall, street counselors and officials of the California Department of Transportation – which owns the on-ramp – and partially cleared out every month.

But lately it had grown to include a community garden, a bucketful of dead rats and a fire pit for melting rubber off salvaged or stolen wiring to sell for recycling. The various agencies determined it was time to move in.

Because campers tore out thousands of dollars of cyclone fencing under the on-ramp to set up tents, Caltrans’ plan is now to install a more durable barrier to try to keep them out. That fence will probably cost about $200,000, said Caltrans spokesman Steve Williams – but even then, the agency knows campers will be back.

“You clean it out today, and they’ll back tomorrow,” he said. “We’re just trying to remediate the problem as best we can.”

Jennifer Friedenbach, director of the Coalition on Homelessness, said that until the city has enough housing to readily supply to every homeless person, clearing out camps is just harassment.

“There’s no point to it,” she said. “With nowhere to go, all you’re doing is dispersing people.”

“I’m sleeping here tonight as soon as these guys leave,” said Tasha Ward, 21. “They’ve got too many restrictions inside, and I want to do my meth and mind my own business.”

Teen Challenge seeks to reopen Salvation Army shelters in Watsonville

Donna Jones – Santa Cruz Sentinel
Posted:   08/16/2012

WATSONVILLE — Salvation Army officials are reviewing a proposal by a local group to take over management of three downtown homeless shelters.

The group closed its three shelters Wednesday, citing financial difficulty.

Teen Challenge Monterey Bay, which manages the Pajaro Rescue Mission across the Pajaro River in Pajaro, has submitted a proposal to reopen them under its supervision.

Mike Borden, executive director of Teen Challenge, said Pajaro Rescue Mission is prepared to shelter the homeless left without a place to sleep by the closing. The mission readied for the Salvation Army closing by stocking up on cots that can be set up nightly in its chapel and dining room. A few men displaced from the Salvation Army shelter have showed up at its door, Borden said. He expects the numbers to grow once three-day motel vouchers handed out by Salvation Army on Wednesday run out.

The community can’t afford to lose 60 beds, Borden said.

“We are prepared but what we need is shelter on that side of the river so we can meet the needs there,” he said.

Salvation Army spokeswoman Laine Hendricks said the proposal is under review by regional officials in Southern California. She couldn’t say when a response would be made or what it might be. She said there are no plans to sell the property on Union Street across from the police station. She did say Teen Challenge would have to show it has the finances to run a program.

In June, when Salvation Army announced the closings, Hendricks said slumping donations in a down economy meant cutbacks had to be made. Closing the shelters allows the organization to maintain its other services, including a soup kitchen that served nearly 16,000 breakfasts and 43,000 dinners in 2011.

Borden estimated it would cost $120,000 annually to run the shelters. He acknowledged the funding isn’t all in place.

“The problem is we can’t go out and raise money for something we don’t have,” Borden said. “But a lot of people have committed, and our expectation is that the community is going to rally and make this happen.”

Borden said Teen Challenge, which has been working in the community for 25 years, has a track record, With a $600,000 annual budget, it provides 11,000 meals a month, 130 beds each night and an extensive job training program. Most of its funding comes from its own enterprises.

“We try to change lives not just sustain them,” Borden said. “We have a long history of being able to do this and do it very cost effectively.”

More homeless camps cleared in Santa Cruz

by Stephen Baxter
Santa Cruz Sentinel 08/08/2012

SANTA CRUZ – Santa Cruz police cleared out 15 illegal campsites and arrested 20 people in the fourth week of a program aimed at reducing homeless camps.

Officers also issued 67 tickets for illegal camping and related charges from July 29 to Aug. 4.

Police spokesman Zach Friend said the arrests were mainly for drug charges, including one case of suspected meth sales. Another person was arrested on suspicion of possession of stolen property.

Twenty-nine camps were posted with warnings to vacate, police said.

Resident complaints have fueled the campaign, as well as concerns of poor sanitation, environmental problems and recent fires related to the camps. Friend said many of the camps are hideouts for criminal activity.

Since the project began in July, police have posted 115 notices to leave and dismantled 42 campsites. They also have issued 245 citations and made 70 arrests.

Santa Cruz police ask residents to report illegal campsites by calling 420-5892.

The Homes Of The Homeless

Joel Hersch — Good Times

08 August 2012

news1-1Santa Cruz police near the end of a campaign to clear out illegal campsites

On a narrow strip of land between Highway 1 and Plymouth Street, Santa Cruz police officers Barnaby Clark, Mike Huynh and Sgt. Dan Flippo fan out as they approach a dingy blue tent with a maroon blanket draped over it.

Huynh draws his gun and holds it ready by his hip as Flippo calls out, “Police! Anybody home?”

No answer.

Flippo pulls back the tent’s flap and carefully peeks inside while Huynh covers him. No one is home.

As the tension eases, Huynh holsters his weapon.

These three officers form the Santa Cruz Police Department (SCPD) task force whose mission is to eradicate illegal campsites—which many homeless people call home—that are hidden around the city. By the second week of the 30 to 45-day campaign, many of the camps have already been disbanded, says Flippo, a brawny man who has served 20 years with the SCPD.

“A lot of them have caught wind of this and moved out, farther into the county,” he says.

Even so, the officers are very cautious when making contact with a campsite, always entering one with several officers present.

“We don’t know what’s in there,” Huynh says. “If they’re a drug user, they might think there’s someone coming to steal their stash, so they’re going to protect it.”

Huynh, who is in his sixth year with the SCPD, was involved in a physical altercation at a campsite near the San Lorenzo River Levee the week before our interview and had to call for backup.

“You have to be careful because we’re kind of going into someone’s home,” Flippo says.

news1-2Santa Cruz Police Sgt. Dan Flippo at one of more than 86 illegal campsites the police have indentified so far in their current effort to curb illegal camping. The SCPD, in partnership with the Santa Cruz Parks and Recreation and Public Works Department, began the initiative to crack down on the homeless campsites on July 9 after receiving many new complaints from community members. Neighborhood residents have reported thefts that they think are related to people living at nearby campsites.

In addition to piles of trash left over at the empty encampments, police have also found many stolen bicycle parts. Flippo says homeless campers will often steal bikes, take them apart and sell the pieces to buy drugs.

Fire, sanitation and public safety have also become a growing concern, he says.

When the officers visit a newly reported campsite, they issue a Municipal Code citation and give the campers 72 hours to leave, according to Flippo.

He adds that the work can be frustrating because many of the people living in the camps do not take citations seriously. Many just crumple up the pieces of paper and throw them out, knowing from experience that the court will not issue a bench warrant for an illegal camping infraction.

Santa Cruz City Attorney John Barisone explains that the city adopted an ordinance in 2009 declaring that people who ignore three citations in six months receive a misdemeanor, and the court will issue a warrant for a misdemeanor.

“That will allow the officer to take the person into custody and that person will have to go to court and be arraigned and prosecuted,” Barisone says. “What we’ve learned is that once an individual is arrested and spends a few days in jail, they are immediately aware that there are consequences for their actions, and we either don’t see them again because they change their behavior or they leave town.”

Flippo says that, in reality, the prosecution process is still extremely aggravating. He says even if a perpetrator does go to jail for a few nights, he often runs into them again at other illegal campsites.

“Honestly, there’s not a whole lot of repercussion,” he says. “It’s mostly just an inconvenience for them to have to move their camps.”

Clark says the majority of the people in the camps they have shut down are living this way to distance themselves from law enforcement, engage in criminal activity and feed a drug addiction.

“These are people who are living this lifestyle long-term,” Clark says. “These aren’t people who have been stuck out on the street by circumstance.”

Flippo says he tries to advise homeless campers of resources available for them through the city or county, but that many of them choose not to seek help. Then there are a number of people who cannot utilize resources like soup kitchens because they have caused problems in the past, he says.

After leaving the first site between Highway 1 and Plymouth Street, the officers move on to check out another camp located near The Fishhook, at the point where Highway 1 and Highway 17 diverge. The people at the camp were issued a citation a few days earlier and Flippo wants to make sure they actually left.

Flippo calls the tree-lined space between the two roads “The Triangle.” It was the location of more than 14 campsites the previous week, with anywhere from one to five people living in each.

Seventy-two hours after police issued citations, Cal Trans personnel came in and cleared out the entire area, which Flippo says was covered in human feces and was a major biohazard.

In the middle of the triangle-shaped section of land is an open cement culvert, which Flippo explains flows directly into the ocean.

He motions at it and asks, “Do you surf?”

I say yes.

“Well, trust me,” he says. “Don’t surf the River Mouth. All this flushes down right through there.”

Flippo, who also surfs, has avoided the River Mouth for years because of how much human excrement he discovered was flowing directly into the surf zone.

Despite the task force’s recent efforts, Flippo knows that many of the same people from these campsites will set up new ones in other parts of the county. He has heard there might be a new camp near Dominican Hospital, but that is outside of the SCPD’s jurisdiction.

Some popular campsite hotbeds have included the San Lorenzo River Levee, Pogonip Park, Arana Gulch and Harvey West Park.

While busting campsites, Flippo says that they located some people who had outstanding warrants, including one man camped out in Harvey West who was wanted for three years, a sex offender who had failed to register and another who was in possession of several knives while on a no-weapons probation.

By the third week of the campaign, police identified 86 campsites, issued 178 citations, made 50 arrests and cleared 27 sites, according to Santa Cruz police spokesman Zach Friend. The pilot project will end within the next two weeks, adds Friend, but could be restarted after an evaluation is complete.

Santa Cruz Mayor Don Lane understands the need to put a stop to illegal camping due to the immediate problems it causes, but he says it reinforces his own desire to help provide the homeless with legal places to call home.

One way the city is currently attempting to do this is with its 180/180 campaign, which seeks to permanently house 180 vulnerable homeless people.

Phil Kramer, who is the 180/180 campaign project manager, explains that the camps are, in part, a survival mechanism for homeless people. They offer people living on the streets a sense of community and safety in numbers, he says.

While he understands that the police have to do their job, Kramer says that evicting people from these campsites is very much like going into anyone else’s home and making them leave.

“Where ever it may be, our home is our sanctuary,” he says. “It’s our safe place, and that place is really in the eye of the beholder. Some of us have something with sturdy walls, and a well made roof and in-door plumbing. And other people—the place they call home is much more fragile and much more tenuous.”

UC Santa Cruz teacher and homeless advocate Franklin Williams agrees. “We need to not lose sight of all people’s rights and property protections, not just homeowners and businesses,” Williams says.

Lane says it is not clear cut that these people are trying to avoid society so that they can engage in criminal activity, but rather that they are lacking a place in society.

“My question is, are we helping people who are living in those terrible conditions to find a pathway out, or are we just moving them around?” Lane says. “As a community, if we don’t create some opportunity for these folks to live a different way, they’re going to live on the margins. This will be an improvement for our immediate situation, but as far as changing their lives, I think it will take much more.”