Tag Archives: Sleeping Ban

Freedom SleepOut #49, City Council Capers, & More!

Posted on by

Freedom SleepOut #49 Will Follow Council’s Doling Out More Cash for Cops;

by Robert Norse (rnorse3 [at] hotmail.com)
Sunday Jun 12th, 2016 12:32 PM

Bad news for those worried about expanded police power, throwing cash at the cops, and other issues on the Consent Agenda Tuesday afternoon at City Council. Following that, Freedom Sleepers will continue the determined campaign to end the 11 PM-8:30 AM Sleeping Ban and establish a “free from citation” space on the sidewalk. Additionally a few notes on the upcoming demands that police cough up their video of past harassment on March 17 10 AM in Dept. 1.

There is more bad news at the afternoon’s City Council agenda: Rubberstamping of the Budget and Police Pork on the Consent Agenda.

ON THE COUNCIL AGENDA
The 2:30 PM has item #5, expanding triple fine zones for the holidays from the downtown area to include the entire city for July 4, Halloween, and New Year’s. Plus expanding the time affected to 48 hours before and 48 hours after the holiday itself. Pretty serious expansion of police power for harassment (and fund-raising) for minor offenses.

Item #6 kicks down $100,000 for grafitti abatement; item #8 $50,000 for a trash container up at the golf course; item #10 authorizes the City’s whole financial packet without any examination of investments in war profiteering or companies boycotted by the BDS movement (to boycott Israel unless it leaves the Occupied territories); item #11 $36,000 for new police helmets at $350+ a helmet.

BREN LEHR’S BARRICADING
Item #12 includes two demands for damages because of police abuse, but City Administrator/Clerk Bren Lehr has removed from the agenda packet the original written claims of the victims, so the public doesn’t know what’s happened or how to contact them. Even though these are Public Records and should be available 72-hours before the meeting. Lehr has them. She simply won’t post them. At my demand some months ago, she did initially post the original claims with contact information removed. When I demanded she include that information, she pulled the claims entirely. She was forced to provide them as Public Records to me as an individual but not for the public generally through the agenda packet.

If anyone wants to talk on these Consent Agenda items, I encourage you to send an e-mail to a Council member (mposner [at] cityofsantacruz.com, dlane [at] cityofsantacruz.com, cchase [at] cityofsantacruz.com, etc.) asking them to pull the item from the agenda for separate discussion and vote. Or call them at 420-5020 and leave them a message.

Otherwise you need to talk real fast during the 2 minutes that Mayor “Two Minute” Mathews allows. Sum up your views on any and all 18 Consent Agenda items during that two minutes. Folks who have serious issues to raise on more than one item and need at least 2 minutes per item to present them, should contact a Council member in advance with suitable gestures of respect, gifts, and campaign contributions. Since all this is now “at the discretion” of the Council. Constitutional Attorney (now Cannabis-hostile Supervisor) Ryan Coonerty removed the public’s right to individually address items back in 2007 or so–unless a Council member pulls the item.

NUMBER AND LOCATION OF BLUE BOXES NOT SETTLED
The Resolution specifying the number and location of the blue cages, or “exempt zones” (as the blue bracketed areas on Pacific Avenue are called) is NOT on the agenda as anticipated. However the law banning jewelry and other “Commercial” sales and uses, tightening the “move every hour” law, and enacting further restrictions on using the blue cages goes into effect on June 23 or 24th.
Continue reading →

#48: Freedom Sleepers Again at City Hall Tuesday Night; Documentary the Next Day at Del Mar Theater

Posted on by
Long-Awaited Freedom Sleeper Mini-Documentary Will Follow SleepOut #48
Date Tuesday June 07
Time 5:00 PM – 5:00 AM
Location Details
On the sidewalk outside City Hall at 809 Center St. across from the Main Library downtown

The protest runs from Tuesday afternoon through mid-morning Wednesday.
Event Type Protest
Contact Name Keith McHenry (article written by Norse)
Email Address keith [at] foodnotbombs.net
Phone Number 575-770–3377
https://www.indybay.org/newsitems/2016/06/07/18787293.php

MORE SLEEPERS AS MOVEMENT FOR JUSTICE GROWS?
An expanded response last week at Freedom SleepOut #47 numbered 20-29 sleepers on the sidewalks defying the City’s anti-homeless 11 PM – 8:30 AM Sleeping Ban. No tickets were given there–though elsewhere and on other nights police continue to ticket and harass the unhoused community. MC 6.36.010 makes criminals out of anyone sleeping in their vehicles on any public property or “laying out bedding” after 11 PM (“the Blanket Ban”).

PUNISHING THE POOR
Repeated failures to pay the $159 citation can lead to increased fines and a misdemeanor charge punishable by up to 6 months in jail and $1000 fine. Missing court can also lead to a conviction that makes every subsequent minor violation for the next six months a misdemeanor. Santa Cruz is apparently unique in creating this law.

The Homeless (Lack of) Services Center has no emergency shelter available, long waiting lists for “path to housing” shelters, and a prison-like unwelcoming atmosphere for day services–that no longer include meals for those “not in the program”. Not to mention an ID card requirement, a fenced off “campus”, and roaming “security” guards. The Metro bus service is reportedly considering massive cutbacks impacting poor people to protect its “reserve” fund.

CRACKING DOWN INSIDE AND OUTSIDE CHARITABLE GROUPS
A toxic mythology holds that the homeless are “burdensome, dangerous, shiftless, disabled, and/or drug-addicted”. This kind of hysterical nonsense is spread by Take Back Santa Cruz, the Santa Cruz Neighbors, the Downtown Association, & apparently the staff of Santa Cruz City Council.

MHCAN, a previously liberal peer-oriented mental health group, reports severe pressure from hostile neighbors, police, and county authorities. In apprehensive response MHCAN has limited people served and advised people not to “loiter” nearby with an upsurge of 3-month exclusions reportedly raising the level of anxiety there.

The Red Church at Lincoln and Cedar no longer allows Monday evening meal participants to socialize on the grass outside, take their food outdoors, or even eat unless they get a special ticket. The AFC, a small group of churches, that puts up 20 people a night on a rotating basis, reportedly will evict you if you spend more than one Tuesday night a month with the Freedom Sleepers.

FILM SCREENING AT DEL MAR WEDNESDAY
The SocDoc Thesis Film Festival on Wednesday June 8th 6 PM will include a screening of a Freedom Sleeper documentary by Israel Dawson. Dawson and his partner Lauren. They took hundreds of hours of video in spite of police harassment, ticketing, and arrests in the first few months of the local civil rights struggle at City Hall. to achieve basic human rights for the homeless (http://www.indybay.org/newsitems/2016/06/02/18787179.php ).

PROTESTER PUSHBACK WITH DEMAND FOR VIDEO
On Monday Freedom Sleeper Robert Norse filed a demand with the City Attorney for release of all the video around the two tickets he received last year. The pleadings, drawn up by Steve Pleich and Kate Wells, claim he and other Freedom Sleepers were not guilty of violating MC 13.04.011, the “closed area” law used against the group.

Norse argues that the City Hall courtyard area where the Freedom Sleepers slept is inherently a zone where the right to peacefully assemble for a redress of grievances cannot be banned at night. Further the law itself states that being on a pathway through the area–which Norse and numerous other Freedom Sleepers were–explicitly exempts them from the law. Finally the City Council agendas were situated in the middle of the “closed” area and state law guarantees the public’s right to 24-hour access to the agendas for a 72 hour period.

Police and city attorney have refused so far to hand over any video and photos police took of Norse. These would confirm that he was on the path, that he was trying to access the agendas, and that he advised police the Freedom Sleepers were at City Hall to peacefully protest City Council’s Sleeping Ban law. All lawful constitutionally protected activity.

The City could face a federal civil lawsuit for false arrest. Perhaps a number of such lawsuits.
Norse’s hearing on his Motion to Compel the video evidence comes up Friday June 17 10 AM in Dept. 1. His trial is scheduled for a week later at the same time, but may be postponed.

COME ONE, COME ALL !
Meanwhile Dolan, Joey, Blue, and other long-time outdoor activists who’ve been mainstays of past sleep-outs are likely to be on hand with Keith and Abby of Food Not Bombs, and Zav of HUFF. They invite you to join them to enjoy some summer sidewalk sleeping tonight. Long-time civil rights supporter “Jumbogumbo” Joe Schultz will be providing coffee and perhaps soup.

HUFF (Homeless United for Friendship & Freedom) activists will meet Wednesday June 8th at 11 AM at the Sub Rosa Cafe and 703 Pacific to consider future protest actions.
For more event information: http://freedomsleepers.org/

For more event information:
http://freedomsleepers.org/
 

 

 

 

 

Continue reading →

Vanish the Vendors Law, RV Night Ban, Big Police Budget & Freedom SleepOut #46 (whew!)

Posted on by

 

Mathews Council Crushes Handicraft Vendors; Freedom SleepOut #46 Soldiers On
by Robert Norse   Tuesday May 24th, 2016 12:58 PM
Last chance to make a cry of outrage at the City Council’s law to outlaw all handicraft vending in the downtown and wharf-beachfront areas. Follow-up by saying no to a cop-heavy budget (social services take up less than 3% of the budget compared to police & rangers (42%). Finally the Food-Not-Bombs supported Freedom Sleepers will resume their principled civil disobedience on the sidewalk and city hall courtyard that night for the 46th week.
VANISHING THE VENDORS: THE GRIM DETAILS
On the docket shortly after 2:20 p.m., Mathews’ City Council will likely rubberstamp the staff’s law reducing performance, vending, and “free speech” spaces by half. The new law will also seriously stiffen the “Move Along Every Hour” law. It will require anyone with a table or display device (anything “capable of holding tangible things”) to move along every 61 minutes. No warning will be required. Fines for overstaying your time or being outside the “exempt” areas (the blue bracketed areas on the sidewalk) will be $250 to $300 when court fees are added.The new Commercial Vending ban bars selling or displaying for donation any articles like clothing, scarves, crystals, rocks, geodes, and many other articles. This true whether anywhere on Pacific Avenue or the adjoining streets, whether inside or outside the Blue Boxes. Banned performances also may include face-painting, creating visual art, “visual art produced with limited variation”, handicrafts such as weaving, carving, stitching, sewing, lacing, and beading.The “clear” standard is whether an item though it has an “expressive purpose”, it is “deemed to have more than nominal utility apart from its communication, if it has a common and dominant non-expressive purpose.

Permitted performers such as singers, dancers, jugglers, puppeteers, magicians, actors, will be allowed to put a donation-seeking device directly on the sidewalk with their table, instruments, and possessions entirely contained within the Blue Boxes.

SCRUNCHING THE SPACE
A map of the Blue Boxes showed only 17 between Plaza Lane and Soquel Avenue. Only two spaces are available on the Del Mar Theater block in spite of the wide sidewalks. Much sidewalk space is taken up with privatized outdoor areas next to sidewalk cafes, unpermitted merchant A-frame advertising signs (technically illegal) and other city equipment. The expansive vacant space remaining is banned for “display device” use.

Defeated on May 10th at the first reading was a motion to allow “a few” spaces against any buildings for performers as repeatedly requested. Playing against the sides of building used to be regular practice prior to 2002 under the Voluntary Street Performers Guidelines.

There is no provision for public input or regular public hearing on the adequacy of these spaces or concerns about inappropriate police or host enforcement. Apparently these issues are left in the merchant-friendly hands of staffers like Redevelopment Agency leftover Julie Hende and Assistant City Manager Scott Collins. Both have a history of creating laws or projects that reduce public space at the behest of nearby merchants.

Vendors under the leadership of Shindig, a jewelry vendor, have begun signing up to oppose and fight back against the laws. HUFF (Homeless United for Friendship & Freedom) joined Shindig on Sunday to circulate petitions opposing the destruction of street culture. Many of these laws originate with a 1994 deal between merchants and a “progressive” City Council to clear away homeless-looking people from the sidewalk by instituting ever-expanding zones where it’s been forbidden to sit, table, peacefully spare change, perform, or vend.

DRIVING OUT THE RV’s: THANK COUNCILMEMBER NIROYAN
Agenda item #13 returns Councilmember Richelle Niroyan’s toxic attack on families living in their vehicles with a nighttime ban on RV parking anywhere in the City unless you’re a resident with a permit.

Though the federal government accepts homeless people as “residents” in allowing them to vote at the spot they currently frequent or try to find rest at, Santa Cruz will now ban homeless vehicle dwellers from applying for “resident” permits, no matter how long they’ve lived in town.

Niroyan’s latest attack on the poor on behalf of West Side wealthier folks who are concerned that RV’s block their view or “make them nervous” will have to meet a Coastal Commission review–which now seems more likely according to letters in the agenda packet.

BUDGET BOMBAST TONIGHT AND TOMORROW
The City’s 2017 Budget will be up for discussion beginning at 7 PM tonight all day tomorrow beginning at 9 AM. Social services (what little there is) will be up for discussion tonight with local agencies squabbling for tiny pieces of the ever-diminishing pie. Tomorrow morning Parks and Recreation (slated to take over First Alarm enforcement on Pacific Avenue and notorious for heavy ticketing and stay-away harassment in the parks at night) will be up for budget discussion at 9:10 AM. The police budget follows at 10:10 AM.

BLOATED POLICE/RANGER BUDGET
Strangely missing from the budget presentation on-line but occupying more than half of it in years past is the policing budget for the SCPD and Parks & Recreation. Nor is there any indication of the total budget with a pie chart indicating which departments get how much. In fact, nowhere in the budget agenda attachment that I’ve found is there any indication of what the total budget is for this year. City Administrator Bren Lehr was unable to find these stats in the budget, but after tracking the matter to the Finance Department, I found that this year’s budget is $90 million or so. And 42% of it goes to cops and rangers.

Mayor Mathews has declined to clarify when public comment will be allowed. I’ve sent her an e-mail asking her to correct this problem, but so far she hasn’t responded.

To address the real problems in the police departments generally, I suggest taking a long hard look at Black Lives Matters’ proposed reforms at http://www.joincampaignzero.org/solutions/#solutionsoverview . My suggestions for meaningful police reorganization are at http://www.indybay.org/uploads/2014/12/13/flyer__for__12-17.pdf

The Social Service component of the budget is less than $2 million.

FREEDOM SLEEPERS SUSTAIN VIGIL
For the 46th night, unhoused folks and their supporters will gather for soup (thanks to India Joze), coffee, and company through the night. Last week there were no tickets issued in spite of harassment driving poor people from the bricks and City Hall courtyard onto the sidewalk, where none have been prosecuted for sleeping.

Robert Norse (the author of this piece) is still facing charges for MC 13.04.011–being in a park after dark. This charge was widely used against Freedom Sleepers last summer and fall. I went to court on Friday and had my demurrer dismissed with a trial set for 10 AM on June 24. Motions hearing will be 10 AM June 17th in Dept. 1.

Though an original Freedom Sleeper, I am now simply writing and reporting. Hats off to activists Abbi Samuels, Zav Hershfield, and others who are holding down the protest each Tuesday. Support them in any way you can or propose new actions to end the Sleeping Ban!

Continue reading →

In the Streets and In the Courts: Freedom SleepOut #45 Persistent Protesters

Posted on by

 

Growing Numbers At Freedom SleepOut #45? Challenge of Police Citations tin Court 5-20
Date Tuesday May 17
Time 5:00 PM – 5:00 AM
Location Details
Around City Hall at 809 Center St. on the bricks and sidewalk of along the Center St. corridor
Event Type Protest
Contact Name Keith McHenry
Email Address keith@foodnotbombs.net
Phone Number 575-770-3377
Address
BACK IN SWELLING NUMBERS?
With last week’s expanded numbers (See “Freedom Sleepers Continue to Sleep at Santa Cruz City Hall” at http://www.indybay.org/newsitems/2016/05/15/18786432.php) the weekly challenge to the City’s unconstitutional 11 PM to 8:30 AM Sleeping Ban against the homeless approaches its eleventh month. City Council has taken no action to establish any emergency shelter, establish safe sleeping zones, or decriminalize the 1000-2000 homeless people sleeping outside.Local Food Not Bombs workers have added regular afternoon vegan food (with a few side providers supplying more meaty sustenance). Last week’s police contacts there included some harassment, but no tickets.SEALING OFF THE CENTER OF GOVERNMENT
The center of City government, traditionally a constitutionally protected area for peaceful protest 24-hours a day, remained a “forbidden zone” after 10 PM at night with police and security guards patrolling the area and driving homeless people from under the eaves of the buildings where they go for protection from rain and wind. The once spacious grassy lawns have been roped off and replaced with cement and ornamental flowers.

TWO CITATIONS GO TO COURT
Two citations from last year, one from the first night of the SleepOut on July 4-5 last year will come to court 8:30 AM on Friday May 20th in a preliminary attempt to have them dismissed before arraignment and trial in a demurrer hearing. Robert “Bathrobespierre” Norse was a regular in the early nights of the Sleep-Out. He often wears a bathrobe at protests and in court to dramatize and satirize the City’s attack on the right of the poor to sleep at night. Conviction at trial before a judge typically results in $198 fines.

Almost all citations against the Freedom Sleepers–of which there have been at least a dozen–were issued as violations of MC 13.04.011. This law bans being in “closed area”, which are designated behind closed doors and without public input by the head of the Parks and Recreation [P & R] department.

In 2010 the P & R boss, in private consultation with the police chief and other city bigwigs created made the entire City Hall courtyard and grounds a “No Go” closed zone. The point was to drive away an earlier protest called PeaceCamp 2010, similarly protest the treatment of the unhoused. See “Bad Law Rises Up to Bite the Homeless Again–Parks Boss Steals More Public Space” at http://www.indybay.org/newsitems/2010/08/23/18656639.php .

LEGAL LEAPFROG
The Friday 5-20 hearing will challenge MC 13.04.011 on three grounds: that peaceful protest at City Hall at night is constitutionally protected, that MC 13.04.011 itself provides the right to be on a path directly through the area, and that the state’s Public Records (“Brown”) Act requires 24-hour access to City agendas during the period Norse and the other protesters were there. The agendas, then posted only inside the “forbidden” zone, have now been moved to the sidewalk in a belated City move to “fix” the problem and shore up its position in court.

Norse is looking for a lawyer, but will likely speak for himself. The City has refused to drop the charges and declined to provide full audio and video of the police actions. It has already lost one case at trial (though it’s won others) when activist Zav Herschfield argued the posted “do not enter after 10 PM” signs were not visible from the sidewalk.

Homeless Legal Persons Assistance founder and Freedom Sleeper supporter Steve Pleich has assisted Norse in preparing the case.

If Norse loses the demurrer hearing, he’ll likely continue the struggle with a second demurrer hearing, an arraignment, a pre-trial conference, and finally a trial before the judge (juries are not allowed in infraction cases).

FREEDOM SLEEPERS WILL GATHER FOR 44TH WEEK AFTER “VANISH THE VENDORS” LAW SAILS THROUGH CITY COUNCIL

Posted on by

 

“Vanish the Vendors” Viciousness at City Council Followed by Freedom SleepOut #44
Date Tuesday May 10
Time 3:00 PM – 3:00 PM
Location Details
The afternoon City Council meeting begins at 2:15 PM with the “Vanish the Vendors” law Item #14 on the Council Agenda. Food Not Bombs activists will be serving food in the late afternoon. Freedom Sleepers will hit the sidewalk and bricks across from the main library in front of the City Hall in the evening and night.
Event Type Protest
Contact Name Toby Nixon (post by Norse)
Email Address tobynixon [at] gms.com
Phone Number 408-582-4152
Address
ANOTHER ROUND OF “LAW-BREAKING” FOR JUSTICE
Freedom Sleepers will continue to defy the City’s 11 PM to 8:30 AM ban on the act of sleeping on all public and most private property in Santa Cruz by lining the sidewalk and City Hall grounds with sleepers on Tuesday night (5-10). Coffee and the occasional morsel to munch will likely be on hand.

The weekly organizational meeting of the Freedom Sleepers will hold their usual review and reorganizational meeting at 10 AM Wednesday at 10 AM at the Sub Rosa Cafe to be followed at 11 AM by the HUFF (Homeless United for Friendship and Freedom) meet. Both are open to all.

Food Not Bombs is slated to be feeding and organizing during the afternoon and early evening.

THE DISMAL BACKGROUND
Santa Cruz’s 1000-2000 unhoused residents continues ot face the threat and reality of harassment and citation for simply falling asleep after 11 PM. Survival “camping” is a $159 crime 24 hours a day (do it twice in 24 hours and face a year in jail and $1000 fine). Santa Cruz has zero walk-in shelter and full waiting lists for the token shelters that exist (for less than 5% of the homeless).

In March, Council crushed a minimum proposal to strike “sleeping” and “covering up with blankets” from the law, while maintaiining a “no trespassing” ban on most public property around the City. No City Council member has followed up on proposals to establish Safe Sleeping Areas for the vulnerable homeless nor on Safe Parking Areas for those whose “affordable housing” is a vehicle.

CITY COUNCIL’S NEW LAW AGAINST VENDORS, TABLERS, AND PERFORMERS
The proposed law, created behind closed doors by city staffers Julie Hende and Scott Collins and City Attorney Tony Condotti, includes a radical restriction on display for sale or donation, and sale of all kinds of items.

“Commercial Vending” is “to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food, goods, merchandise, or services in any area from a stand, table, pushcart, motor vehicle, bicycle, or by a person with or without the use of any other device, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing food, goods, merchandise, or services, even if characterized by the vendor as a donation. [This]…includes the practice of providing, free of charge, an item which may not be vended, in exchange for the purchaser purchasing an item which may be vended as a condition for receiving the free item.

Exempted from the law are “Traditional expressive speech and petitioning activities, and the distribution of the following expressive items: newspapers, leaflets, pamphlets, bumper stickers, patches, and/or buttons.” Also “items, which have been created, written or composed by the vendor or performer: books, audio, video, or other recordings of their performances, paintings, photographs, & prints.” Additionally “any other item that is inherently communicative and is of nominal value or utility apart from its communication. Although an item may have some expressive purpose, it will be deemed to have more than nominal utility apart from its communication if it has a common and dominant non-expressive purpose.”

The City Attorney insisted that the law did not distinguish between what is art and what is not. Instead the hall monitors of Pacific Avenue will use the above definition to determine if an item is First Amendment protected or not.

BANNED FROM THE BLACKTOP
Banned as “items that have more than nominal utility apart from their communication” “include but are not limited to… food, housewares, appliances, articles of clothing, hats, scarves, sunglasses, auto parts, oils, incense, perfume, crystals, rocks, geodes, lotions, candles, jewelry, jewelry holders, toys, stuffed animals, glass and metal pipes, and any vaping device.”

“Allowed” Performances are “playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, engaging in magic, creating visual art in its entirety, presenting or enacting a play, work of music, physical or mental feat, or other constitutionally protected entertainment or form of expression.”

Banned Performances include “(a) The application of substances to others’ bodies, including but not limited to, paints, dyes, and inks; (b) The provision of personal services such as massage or hair weaving, cutting, or styling; (c) the completion or other partial creation of visual art; (d) the creation of visual art which is mass produced or produced with limited variation; or (e) the creation of handcrafts, such as weaving, carving, stitching, sewing, lacing, and beading objects such as jewelry, pottery, silver work, leather goods, and trinkets.”

These bans are in effect “on the streets or sidewalks of Pacific Avenue; and on the streets or sidewalks of the side streets, alleys, and surface parking lots one block in either direction from Pacific Avenue, between Laurel and Water Streets.”

The area in which no tabling is allowed except in select “exempt” zones will be chosen behind closed doors, largely by merchant pressure by Hende and Collins. That forbidden area extends from Laurel to Mission along Pacific Avenue and one block in either direction along the side streets. The forbidden zone apparently includes the twice-weekly Food Not Bombs set-up near the main Post Office. Although the new “Vanish the Vendors” law does not explicitly ban simply giving away free items such as food, another section of the ordinance prohibits the use of “display devices” (i.e. tables) except in the limited (less than 30) “exempt” zones which Hende and Collins choose to designate.

In addition the “Move Along Every Hour” law now requires what the current law does not–that folks time themselves. Anyone using a table, open guitar case, or any thing “capable of holding tangible things” placed on the sidewalk must move every hour without being asked to do so by a cop, security thug, or “host”. The current law requires a warning that one’s hour is up and then a “refusal” to move for the $200-300 ticket to be given. The new law just requires that you be there for 61 minutes to be slammed with a citation.

Two artists–Joff Jones and Alex Skelton–were taken away in handcuffs twice within two weeks for setting up their art displays outside the sacred “blue boxes”. They had also declined to move every hour. Defying the massive police presence in their second arrest, the two have returned to Pacific Avenue to continue to assert their rights. See “Santa Cruz Artists Dare to Display Art “Outside of a Blue Box”” at http://www.indybay.org/newsitems/2016/05/06/18786130.php.

OTHER SCENES OF PROTEST
Meanwhile in Sacramento, activists who staged a 3-month round-the-clock protest had all charges dropped against them. See “City of Sacramento Won’t Put Unlawful Camping Ordinance on Trial, Dismisses Criminal Charges Against City Hall Protest Organizers on Eve of Trials” at http://www.nlgsf.org/news/city-sacramento-wont-put-unlawful-camping-ordinance-trial-dismisses-criminal-charges-against .

And a delayed Freedom Sleepers case will be returning to Court 8:30 AM on May 20th as Robert Norse demurs to two “trespass at the City Hall courtyard” arrests, claiming they were unconstitutional.

For more info on the Freedom Sleepers and the “Vanish the Vendors” law, check out http://www.indybay.org/calendar/?page_id=60 for the last 43 Tuesday events.

Continue reading →

CRACKDOWNS IN EUREKA AND SANTA CRUZ: FREEDOM SLEEPOUT #43 CARRIES ON

Posted on by

 

Eureka Readies Homeless Removal as Santa Cruz Freedom Sleepers Gather for 43rd SleepOut
Date Tuesday May 03
Time 5:00 PM – 5:00 AM
Location Details
The event actually runs from 5 PM Tuesday to around 9 AM Wednesday at that old familiar spot–the sidewalk and City Hall Courtyard across Center St. from the Main Library, though many homeless sleep under the eaves of nearby buildings (like the library, Civic Auditorium, and Greek Orthodox Church).
Event Type Protest
Contact Name Toby Nixon (posted by Norse)
Email Address tobynixon [at] gms.com
Phone Number 408-582-4152
Address
CITY HALL SIDEWALK THE USUAL FREEDOM SITE
Persistent activists with the Freedom Sleepers will return this Tuesday for another night on the bricks and the blacktop in front of City Hall.

Their numbers reportedly grew last week to include 15 or 20 at various times throughout the night. Jumbogumbo Joe Schultz provided coffee; Troublemaker Toby friend chicken; and a tripled “security force” of First Alarm costumed “guards” provided comic relief.

No City Council meeting slated for this week, but Keith McHenry of Food Not Bombs announced he’d be there during the afternoon cooking and leafleting to restore the survival rights of unhoused community versus the City’s anti-homeless Sleeping Ban and Park Closing laws.

OTHER CITIES
Meanwhile up Eureka way, there was a mixed victory–temporarily securing the rights of 11 folks outside, while abandoning the majority to the threatened police sweeps.
See “Mixed ruling: Judge prevents Eureka from evicting 11 homeless; city says plan to proceed” at http://www.times-standard.com/article/NJ/20160429/NEWS/160429840

 In Sacramento, in the wake of a lengthy day-and-night protest/encampment at City Hall, attorney Mark Merin said he was applying for permits for homeless sleeping spots. This was suggested by city officials after their recent trip to Seattle with its longstanding tent villages.

In Salinas, Wes White and the Monterey County Homeless Advocates have spent more than a month camping outside their City Hall at night, demanding abolition of the anti-homeless “leave your stuff on the sidewalk, face seizure”. Wes gave a long update at http://radiolibre.org/brb/brb160424.mp3 (3 hours and 28 minutes into the audio file).

STREET ARTIST CRACKDOWN CONTINUES
In Santa Cruz, Keith McHenry reports that street artists Alex Skelton and Joff Jones were arrested and their artwork seized again—two weeks after their first arrest. Their “crime” was presumably being “outside the blue brackets/dots/boxes” or perhaps “declining to move-along every hour.”

Assistant 2nd Class Scott Collins has continued to decline to meet with those wanting to make suggestions and ask questions regarding the “blue boxes” law—though he has responded to e-mail. The “Vanish the Vendors” laws are likely to be returning to Council on May 12th. A Public Records Act shows much communication between Collins, fellow bureaucrat Julie Hendee, and various merchants downtown intent on restricting if not eliminating street vendors downtown.

Councilmember Micah Posner will be at the May 4th HUFF meeting at 11 AM [Sub Rosa Café, 703 Pacific) to discuss the issue. He has been asked to bring a copy of the proposed law–created with much merchant, but little if any street performer input.

Freedom Sleepers will meet Wednesday morning at 10 AM at the Sub Rosa to lick wounds and plot strategems.

For more event information:
http://freedomsleepers.org/

Sleepers and Gardeners Unite? Freedom SleepOut #42 on April 26th at City Hall.

Posted on by

Support Beach Flats Garden Defenders Then Defend the Right to Sleep– Freedom SleepOut #42
Date Tuesday April 26
Time 5:00 PM – 5:00 AM
Location Details
Outside, Inside, and Outside City Council at Church and Center across from the Main Library in Downtown Santa Cruz
Event Type Protest
Contact Name Toby Nixon (post by Norse)
Email Address tobynixon [at] gms.com

BEACH FLATS GARDEN FIGHT-BACK?
The 7 PM Session of the City Council will “consider” a Beach Flats Garden Update and Recommendations with a motion to accept the staff’s sell-out of 1/3rd of the Garden and direct them to continue to “work on” a long-term plan—as they’ve colluded in bulldozing 1/3rd of the garden in collusion with the Seaside Company.

An earlier meeting at 1:30 at closed session involving negotiating the lease for the Garden with the Seaside Company smooth-and-slippery City Manager Martin Bernal is a more likely plae where the real action will happen. The main part of the session is closed to the public (go figure!). However, there is an “open interval” at 1:30 for public comment which can be attended, though it’s not clear whether advocates for the garden will be there in any numbers.

At prior meetings Beach Flats supporters have rolled in in record numbers and then rolled out—letting Council and the slimy staff proceed along its sell-out path.
Councilmember Posner has circulated a constituent letter [relevant parts of which are attached below] noting he plans an eminent domain motion with the City forcing the Seaside Company to sell the Garden (over the recommendation of the City’s staff, of course).

Those interested in Metro cutbacks and hiway widening giveaways might also be interested in checking out item #21 on the afternoon agenda.

IGNORING HOMELESS ISSUES BY “STUDYING” THEM
Unmentioned by Posner is item #20 the “Homeless Coordinated Non-Response” (actually titled “Response”—but that’s false advertising).

This is a phony face-saving proposal to “study” a Homeless Task Force proposal and to shift responsibility for the City’s punitive laws to the County. It’s the latest non-action taken in response to the crisis faced by the unhoused community (and so to the trembling NIMBY and merchant communities fearful of their visible presence).

The crisis: the Winter Armory Shelter closed earlier this month and with it the end of all walk-up emergency shelter for the spring, summer, and fall for the City’s 1000-2000 folks outside. Instead of putting on the agenda proposals for safe places to sleep proposed by Phil Posner and Steve Pleich (a very limited proposal), the staff is doing cosmetic cover by proposing more “direction” and consideration of a joint City-County Task Force to restudy the obvious.

EARLIER RELEVANT PROPOSALS IGNORED
See the clear proposals of the former Homeless Issues Task Force at http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/non_legacy/agendas/2000/20000502/PDF/020.pdf which include, of course, ending the Camping Ban.

HUFF described that Task Force as a “farce” 16 years ago because its intent and effect was to divert then-powerful activist energy. Its ultimate proposals, though, were good ones—largely ignored by City Councils since in favor of punitive police funding. Such diverting is actually unnecessary now that Don Lane’s “troops” have all disappeared over the hills or into focus groups and Posner has remained silent.

Still the 2000 Homeless Issues Task Force report contains many relevant and powerful suggestions which need to be actively advanced, not ignored with the same ground being “studied” again.

DEFENDING THE ARTISTS AND RECLAIMING PUBLIC SPACE ON PACIFIC
Meanwhile downtown HUFF set up its protest table right next to artists Alex Skelton and Joff Jones—who continue to refuse to be “blue boxed” on Pacific Avenue and refuse to “move along”. Their court cases come up in May. See “Pacific Avenue Santa Cruz: The Joff Jones and Alex Skelton Report on Freedom in the USA” at http://www.indybay.org/newsitems/2016/04/25/18785582.php

 City Council’s “Vaporize the Vendors” law will not be coming up until the first meeting in May. Will the courageous action of Alex and Joff and others like them make the Council’s threats a laughing stock?

ESTABLISHING SLEEP SPACE ON THE SIDEWALK AND THE BRICKS
Freedom Sleepers #42 will continue to have Troublemaker Toby livestreaming any untoward police and security thug behavior Tuesday night. Limited quantities of food and drink are likely.

Toby will meet with interested activists at 10 AM Wednesday morning at the Sub Rosa to review the night’s events and strategize for the night ahead. The regular HUFF meeting will be at 11 AM there as usual.

Though citations have reportedly been given in the last week around the library building, Freedom Sleepers on Tuesday have been pointedly ignored by the armed Ticketeers.

Contact HUFF at 831-423-4833 if you wish to join, organize, or support protests.

For more info on the Freedom Sleepers, go to: http://www.facebook.com/groups/freedomsleepers/ and/or http://www.facebook.com/search/top/?q=AAA%20Freedom%20Sleepers

LEAVE COMMENTS AT https://www.indybay.org/newsitems/2016/04/25/18785621.php 

408-582-4152

 

 

 

Continue reading →

FREEDOM SLEEPOUT #41 TODAY AT CITY HALL

Posted on by
As Cops Handcuff Artists on Pacific, Freedom SleepOut #41 Raises Its Sleepy Head
Date Tuesday April 19
Time 5:00 PM – 9:00 AM
Location Details
Bricked area next to the sidewalk in front of City Hall Courtyard across from the main library. The event begins around 5 PM with a prior flyer-and-feed prologue from Food Not Bombs. Keith McHenry will be reminding City Hall that “we’re still here” and “the abuses have not gone away.”
Event Type Protest
Contact Name Toby Nixon (posted by Norse)
Email Address tobynixon [at] gms.com
Phone Number 408-582-4152
Address
BACK TO THE BRICKS
In spite of internal disputes, activists will return to City Hall today (Tuesday 4-19) to challenge impervious and abusive City Hall authority backing the endless low-intensity War Against the Homeless.

Instead the homeless remain outside–the target of police, security guards, and NIMBY’s who use them. They are free, even encouraged, to harass those without shelter under the City’s Sleeping Ban (MC 6.36.010a), the “Closed Spaces” ordinance (MC 13.04.011), and other laws designed to make Santa Cruz a “less welcoming place” to the poor.

More info at http://freedomsleepers.org/index.php/actionsevents/ .With the closing of the Winter Armory Shelter earlier this month, there is no walk-in emergency shelter whatsoever and getting on the River St. Shelter waiting list is the only option. To do that, call 831-459-6644. Ask to be put on the waiting list (even if you only reach a recording).

Even if you have no intention of ever going in the shelter, signing up is a good idea (and has to be renewed ever three days by phone). Citations given under MC 6.36 must be automatically dismissed by the City Attorney short of court according to MC 6.36.055. Section A of that law also states ” A person shall not be in violation of this chapter if, at the time of his or her citation for a violation of this chapter, either: the winter shelter at the Santa Cruz National Guard Armory is filled to capacity; or the person is currently on the waiting list for shelter service through one of the shelter programs offered by the Homeless Services Center or the River Street Shelter in Santa Cruz.”


EARLIER READ AND FEED
Food and flyers will be available earlier in the afternoon with Food Not Bombs organizer Keith McHenry and local FNBers. There’s no regular City Council meeting until April 26th when the Vanish the Vendors ordinance will reappear [See http://www.indybay.org/newsitems/2016/04/11/18785162.php] . McHenry feels it’s important to maintain a persistent presence at City Hall to remind the community that it’s the people not the politicians who are the legitimate authority.

Scott Collins, Assistant City Manager and one of the movers and shakers of the proposed VtV law, has not yet responded to questions about the law or agreed to meet.


BUMRUSHING BLUE BRACKET ARTISTS
Meanwhile last Saturday, two street artists were arrested and hauled away in handcuffs after refusing to sign their citations, as they had previously done in the past. [See “Pigs Repress Free Speech on Pacific” at http://www.indybay.org/newsitems/2016/04/16/18785295.php]. It was unclear whether the initial charge was “refusing to move along after an hour” or “displaying outside the blue boxes”–the small segregated segments of the sidewalk set aside for public use, with the rest reserved for commercial activity. In violation, of course, of the public right to use the sidewalk for a broad range of purposes.

Alex Skeleton and Joff had previously won a trial against being “outside the blue boxes” [the bracketed and/or dotted areas on Pacific Ave. that “allow” artist activity]. They have been displaying and selling their artwork downtown for the last 9 months with no threats of citation recently. For more extensive background: http://www.indybay.org/newsitems/2016/04/16/18785295.php?show_comments=1#18785363 .

More info at http://freedomsleepers.org/index.php/actionsevents/ .

SUPPORT THE RIGHT TO SLEEP, THE RIGHT TO USE PUBLIC SPACE, AND THE RIGHT TO BASIC DIGNITY FOR EVERYONE.

KEEP THE PRESSURE ON CITY HALL.

THE RIGHT TO SLEEP IS THE RIGHT TO LIVE.

Continue reading →

“Vanish the Vendors” Law at City Hall Tuesday; Sleep-Out #40 Tuesday Night

Posted on by

 https://www.indybay.org/newsitems/2016/04/11/18785162.php

Title: Wheelchair Chris Memorial, Council’s “Vanish the Vendors” Law, and Freedom Sleep-Out #40
START DATE: Tuesday April 12
TIME: 12:00 PM – 12:00 PM
Location Details:
Creepy Ole City Hall and Its Surrounding Grounds and Sidewalks
and at times in the cold chambers of the Council Meeting area as well.
Event Type: Protest
Contact Name Zav
Email Address zhershfield [at] gmail.com
Phone Number
Address
CITY COUNCIL WITH NO VANISH THE VENDORS LAW
High-visibility Homeless Highlander Keith McHenry says he’ll be setting up a literature and petitioning table at City Hall at noon.Item #22 on the Afternoon Agenda–coming up sometime between 3:30 and 4:30 (perhaps) is the “Vanish the Vendors” Law. It severely restricts tabling and performance space for all non-commercial purposes downtown.

It reduces the number of spaces from the 63 promised by staff when Councilwoman Comstock’s original “sweep away the homeless clutter” law was passed in 2013. Now the staff report suggests 25 will be the limit allowed.

The law bans dogs at tables. It BANS ALL VENDING AND OTHER SERVICES (such as massaging, hair wrapping, fortune telling, etc.). Not only selling, but distribution for donation, or display.

Staff report, proposed law, current law, and correspondence–go to http://scsire.cityofsantacruz.com/sirepub/mtgviewer.aspx?meetid=712&doctype=AGENDA . Then click on item #22.

EXEMPTIONS BUT FOR FOOD NOT BOMBS ?
Exempted are explicitly political buttons, literature, etc., or vendor-created books, audio, video, recordings, and paintings. This exemption was required by a federal court decision [Reno v. Sparks] years ago, though ignored by the SCPD demanding that writers, painters, and singers not charge for their own work. Such exemptions will only be in force for tabling in the 25 areas.

Instead of specifying where one can set up tables (“display devices”), it leaves this decision to future action by City Council. For the past two years, staff made the decisions behind closed doors, without public input, showing a, rigid and gentrified aesthetic hostile to street culture.

Depending on where the backroom big boys decide to set up the “exempt” zones, Food Not Bombs sidewalk meals COULD BE CURTAILED OR SIMPLY BANNED. Staff bureaucrats will decide where the 25 exempt zones will be located. Heading this group is Assistant to the Assistant City Manager Scott Collins, who refused to retract “Freedom Sleepers leave a mess” false claims months ago, and then took Keith to court for publicly denouncing him.

E-mail citycouncil [at] cityofsantacruz.com with your reaction to this latest “Roust the Riffraff” law. And then start thinking of ways to resist it, since the outcome is likely a done deal.

Why address profound income inequality, no rent control and renter protection, and the most elementary survival rights for those without shelter? Instead weeks after the Winter Armory Shelter has closed with 100 of 1000–2000 houseless on the street, City Council will be further researching “Tiny Homes” instead of designating emergency campgrounds as nearby San Jose’s City Council has moved to do.

CHRIS BEZORE MEMORIAL
The memorial for Wheelchair Chris is to begin around 4 PM. See http://www.facebook.com/events/803713033091146/permalink/808009502661499/ for more background.

Further background: http://www.indybay.org/uploads/2016/03/28/chrisx_bezore_s_death.pdf

SLEEP-OUT TO SPEND A 40TH NIGHT
Sleepcrime after 11 PM still being a $158 crime in Santa Cruz, the few, the hardy, the hopeful will be on the sidewalk just outside the Forbidden Zone (our own “public” grounds at City Hall). Likely to be coffee and some munchables–though don’t expect banquet-level cuisine.

Troublemaker Toby–on survival vacation will be available Wednesday morning for input and outburst at the Sub Rosa Cafe (703 Pacific) at 10 AM where he will scheme with others on the future of the Freedom Sleepers.

The regular HUFF (Homeless United for Friendship & Freedom) meeting willl begin at 11 AM. Free coffee for those with the stomach for it

Another Tuesday, Another SleepOut: Freedom SleepOut #39 at City Hall

Posted on by

 

Title: Chow Down in the Afternoon; Bed Down at Night at Freedom SleepOut #39
START DATE: Tuesday April 05
TIME: 5:00 PM – 5:00 AM
Location Details:
In and Around Santa Cruz City Hall at 809 Center St. and on the sidewalk across from the main library
Event Type: Protest
Contact Name Toby Nixon (posted by Norse)
Email Address tobynixon [at] gms.com
Phone Number 408-582-4152
Address
ON THE MENU
The 39th weekly sidewalk sleepout in front of City Hall also includes a cook-out. Food Not Bombs will be serving vegies and other vegan yumyum’s from beneath its pavilion, waving to passing pedestrians, council members and staff during the late afternoon.

Troublemaker Toby Nixon, the “no leaders” leader of the Triple A Freedom Sleepers will likely have some carnivore-pleasing items to sizzle on his portable stove. Jumbogumbo Joe Schultz is rumored to be providing coffee and additional edibles.

MORE EXTENSIVE BENZORE MEMORIAL APRIL 12
No Council meeting this week, and the official memorial for Chris Bezore will be happening next Tuesday the 12th, but folks may be talking about him nonetheless. See http://www.facebook.com/events/803713033091146/ for more details.

WHY SHOW UP AT ALL?
The point is to maintain a human, conscience-provoking, and “illegal” presence at City Hall in violation of the Sleeping Ban and other abusive anti-homeless ordinances that City Council has laid on the backs of folks outside.

EARLIER REPORTS AND RELATED CAMPAIGNS
Those interested in trailing along after the City Council’s proposed Homeless Task Force (reportedly coming up April 12) can chat with fellow starry-eyed hopefuls at Trinity Presbyterian Church 420 Melrose at 5 PM on Tuesday April 5th.

Earlier reports on the Freedom Sleeper Sleep-Out’s and related subjects can be found by going to http://www.indybay.org/newsitems/2016/03/28/18784558.php and following the links.

The Give a Shit campaign to demand opening of the Public Bathrooms at City Hall at night will be further discussed and prepped at the Wednesday HUFF meeting at Sub Rosa 11 AM Wednesday April 6th.

Freedom Sleepers will scheme for next week’s adventures at 10;30 AM at the Sub Rosa on April 6th.