February FightBack Continues: Freedom SleepOut #32 Tuesday 2-16

 TO COMMENT AND VIEW FUTURE DEVELOPMENTS, GO TO: https://www.indybay.org/newsitems/2016/02/14/18782944.php

Title: The 32nd Time: Freedom Sleeper Activists Hit City Hall Sidewalk
START DATE: Tuesday February 16
TIME: 5:00 PM – 5:00 AM
Location Details:
Near the sacred grounds of City Hall at 809 Center St., in the courtyard until driven out at 10 PM by the anti-homeless “no public access at night” law in “progressive” Santa Cruz.
Event Type: Protest
Contact Name Toby Nixon
Email Address tobynixon [at] gms.com
Phone Number 408-582-4152
Address
NUMBER THIRTY-TWO
Santa Cruz’s homeless population still faces tickets and stay-away orders from parks at night, harassment in public spaces and buildings during the day, and the Sleeping Ban everywhere in the City after 11 PM. In solidarity with hundreds who have no shelter, Freedom Sleepers will gather at 5 PM and through the night for the 32nd Tuesday night weekly sleep-out.

Last week’s Freedom SleepOut (#31) reportedly included 20 folks throughout the night.

MEDIA BEGINS ON MAYOR LANE’S SLEEPING BAN REFORM
In today’s Sunday Sentinel, David Grishaw Jones of the Peace United Church of Christ has published a strong defense of the right to sleep at night–specifically criminalized here since 1978.
See http://www.santacruzsentinel.com/opinion/20160213/the-rev-david-grishaw-jones-sleeping-should-not-be-against-the-law

Silver-tongued Steve Pleich has written an article for the on-line Street Spirit newspaper (soon to be available in hard copy in Santa Cruz at the Sub Rosa Cafe): http://www.thestreetspirit.org/santa-cruz-activists-join-together-to-defend-right-to-sleep/ on March 8 City Council meeting with move to strike “sleep”…

Lobbying the Sleep-toxic City Council continues from the more rarified regions of closed liberal and religious groups.

LOBBYING COMING UP
James Weller writes: “Don Lane says the most effective way to support his proposal (which he plans to introduce to the City Council on March 8), if you live in Santa Cruz, is to e-mail the City Council directly – citycouncil [at] cityofsantacruz.com. Say that Municipal Code Section 6.36 should be amended to remove from its text all references to “sleep,” “sleeping,” “sleeping bag,” “blanket,” and “bedding,” “in vehicles.” ”

The danger here–as with past such limited efforts–is that once Council nixes Lane’s reform, “respectable” liberals will simply stay home or rely on loudly-touted but never-completed legal action when what’s needed is intensified and focused protests.

OTHER AVENUES
Also a distant possibility–a lawsuit against the ban backed by the National Law Center for Homelessness and Poverty– still in the organizing stage.

Former liberal governor Jerry Brown has reportedly also told a local establishment liberal that he may consider the creation of safe sleeping zones supported by the California Conservation Corp.

DIRECT ACTION PROSPECTS
More direct action by Toby Nixon and HUFF activists being done or under consideration includes free streaming police harassment of homeless sleepers, visible daytime homeless protests outside the relevant city hall offices, and ThugWatch on Pacific Avenue–housed activists monitoring the uniformed First Alarm Security “homeless watchers”.

STILL MORE
Further postings on the 32nd Community SleepOut can be found at http://www.facebook.com/events/1679782112277618/

Check out the great poster by Warming Center activist Brent Adams: http://www.facebook.com/santacruzsanctuary/photos/a.525272064184570.120239.525270847518025/1106964959348608/?type=3&theater

ATTACKS ON HOMELESS ELSEWHERE
Global Day of Action against the Arrest of Food Not Bombs in Moscow.
http://www.facebook.com/events/185674255131444/

New Salinas law attacks Chinatown homeless encampment:
http://www.thecalifornian.com/story/news/my-safety/2016/02/10/salinas-amends-homeless-property-ordinance/80087978/

http://www.facebook.com/photo.php?fbid=1774021562832523&set=gm.1739915619572928&type=3&theater

HUFF activist Robert Norse composed and posted this announcement with input from Pat Colby and Steve Pleich.

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Glint of Sanity From Homeless Harassers of the Santa Clara Valley Water District?

 NOTES BY NORSE:  San Jose Jungle Survivor and Santa Cruz Freedom Sleeper Robert Aguirre isn’t the only sensible voice in this latest snapshot report from the San Jose area Water Distrct Jaw-a-Thon.   The obvious solution of providing trash pick-up services rather than destructive camp dismantling actions is hard for the NIMBY (Not-in-my-back-yard) mentality to grok.  The even more obvious financial assessment that would likely show the economic futility and stupidity of these raids is hopefully on the horizon.  This kind of assessment in cities regarding police and emergency services for “disappearing” the homeless, had led–on paper at least–to Smart Solutions, 220-220, Housing First!, and Downtown Accountability projects. 

                                   Many any of these are inverse creaming projects–concerned with pandering to merchant apprehensions about visible homeless and “the worst offenders” rather than the needs of those outside and the real problems of the whole community.  Meanwhile Santa Cruz remains mired in a toxic status quo or lurches backwards.  Both pilot 24-hour bathroom projects are now closed (one never opened, sabotaged by the staff, the other–at the Soquel Avenue garage–closed December 23rd).
     Instead of open meetings with the homeless and activist community, Councilmembers Lane and Posner have repeatedy postponed their limited proposal to eliminate the word “sleep” from the camping ordinance, and now suggest after early promises there’d be action in September of last year, then in December, then in January, then in February–the new target is a Council meeting in March.   The Council majority in Santa Cruz has pressed on with its Take-Back-Santa-Cruz initiated anti-homeless agenda to ramp up criminalization of RV parking everywhere in the city at night, and eliminate parking spaces generally–which disproportionately impacts poor folks whose housing is their vehicle.   Quiet meetings with even more hostile Council members are slated for this week, to which the public, of course, much less the activists, are not invited.

MORE COMMENTS AND LINKS AT http://www.mv-voice.com/news/2016/02/08/new-take-on-creekside-encampments

New take on creekside encampments

Water district to explore housing homeless, rather than rousting them

by Kevin Forestieri / Mountain View Voice

Trash left over after a encampment cleanup by the Santa Clara Valley Water District. Photo courtesy of the Santa Clara Valley Water district.

 

Santa Clara Valley Water District board members agreed to sign onto a county-wide effort to reduce homelessness in Santa Clara County, which could include housing homeless people on district-owned land.

 

The regional water district may seem like an unlikely ally in the effort to shore up housing for the roughly 6,500 homeless people in the county. But encampments and trash pile-ups along several creeks and waterways have posed a chronic health and safety problem that drains the water district’s resources, officials say.

Over the last four years, the water district has cranked up efforts to dismantle homeless camps along waterways through its cleanup program. In the 2015 fiscal year, water district staff collected 1,209 tons of trash from encampments, more than the last two years combined. Costs for cleanup over the last three years has totaled nearly $2.7 million, which has been funded by the district’s 2012 Measure B parcel tax.

The decision by board members to work with county officials and housing agencies like Destination: Home could mark a big change of pace for the district, which has been focused on tearing down creekside encampments rather than on providing homeless services. This has resulted in an adversarial relationship between district staff and the homeless people living on water district property.

At the Jan. 26 board meeting, Liz Bettencourt, president of one of the district’s three employee associations, said conditions along the creeks have “deteriorated at a crazy rampant rate,” and the threat of violence employees face when cleaning out homeless encampments is a big concern. Bettencourt urged the board to consider added safety measures for district staff, including bullet-proof vests and assistance from the county sheriff’s office, during clean-up operations.

Robert Aguirre, who is no longer homeless but who used to live in the infamous “Jungle” encampment in San Jose, said the water district has largely done a bad job working with the creekside homeless population. When district staff come in to clean out encampments, Aguirre said there’s no opportunity for the homeless to separate their belongings, and that one person had a backpack physically taken off by a district staff member and thrown into a trash compactor.

“If you continue harassing the people who are homeless, they are going to continue to harass you back,” Aguirre said, in response to Bettencourt’s comments.

Despite the feelings of animosity, Aguirre said homeless people are willing to work with water district staff to keep the area clean, provided they’re given the opportunity. The problem, he said, is that there’s no trash pickup service when you live on the creeks, and naturally the garbage and refuse is going to build up.

“If people didn’t pick up trash in your neighborhood, it would start to accumulate and it would start to become a health hazard as well,” Aguirre said.

The encampment cleanup policies also have flaws that keep county waterways covered in trash. Richard McMurtry, a member of the Santa Clara County Creek Coalition, showed the board photo after photo of heaps of trash left by district staff immediately following an encampment cleanup. That’s because the cleanup program is intended to dismantle encampments, and any trash more than 30 feet from tent sites is left on the ground, McMurtry wrote in a letter to the board.

And taking down encampments doesn’t prevent homeless people from taking up residence along the creeks either, McMurtry said. If anything, he said, homeless people are simply uprooted and pushed to a new location along the same creek.

“There are many homeless who, despite having their sites being dismantled 10 times in the past two years, are still living within 200 yards of their original campsite,” McMurtry wrote to the board.

Moria Merriweather, a resident near Coyote Creek, said taking down encampments doesn’t really work, and that the district should be focused on providing toilets, trash collection and other sanitary services. Taking these steps, she said, will help to avoid the bacterial outbreaks, disease and trash build-up that are all too predictable as people live along the creeks.

A housing solution

The board agreed last week to put together a committee and find out what the water district can do, working with county officials, to better provide homes and services for the homeless in Santa Clara County. The move comes after the Santa Clara County Board of Supervisors approved a resolution last month calling on local agencies to do their part and reduce homelessness in the county.

The water district does have authority to support housing initiatives, including the use of district-owned land for temporary or permanent housing for homeless people, according to board member Gary Kremen, who represents North County cities including Mountain View and Palo Alto. He said using the district’s resources to build housing will be a much more cost-effective solution to homelessness along the county’s waterways.

“We need to house these people. That’s the best return on investment,” Kremen said.

Board member Tony Estremera agreed that a committee could give water district officials a good idea of what options are on the table for helping to reduce homelessness, and that it’s time for the water district to acknowledge that the high cost of living is forcing people to live along county creeks.

“I know in the past that our attitude has been, ‘We don’t want to attract folks (and) we don’t want to make it easy to camp,'” Estremera said. “However, we don’t have a choice about this economy, so we need to take a look at that.”

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Sacramento Update: Same Crap about “Camping”

 

NOTE BY NORSE:  Tip of the Hat to Linda Lemaster for posting this Sacramento update on the Freedom Sleepers Facebook page.  Word I got was that Freedom SleepOut #30 continued its small persistent presence on February 2nd in front of City Hall.  Has the formerly 24-hour bathroom at the Soquel St.garage across from New Leaf Market in Santa Cruz been reopened in the wee hours as it was intended to be?   A sympathetic worker said that shelter insufficiency has resulted in folks holding up in the bathrooms at night for protection and privacy–the right reason to establish safe camping zones, sanctuary villages, affordable housing, cheap SRO’s, etc. but not to shut down bathrooms.  Obviously.  Still no apparently public word from former Mayor Don Lane’s “let’s end the embarrassment and remove sleeping from the camping ordinance, but keep it illegal to fall asleep in any park at night and continue the hostile stay-away orders that I voted for 2 years ago”.   I have been down for the count for awhile, but I haven’t heard anything new brewing.

Leave comments about the below story at https://www.newsreview.com/sacramento/debunking-five-myths-about-sacramentos/content?oid=19884547

Debunking five myths about Sacramento’s latest homelessness debate

Our shelters do not have enough beds for everyone, and other necessary facts.

By
raheemh@newsreview.com

This article was published on .


The homeless protest inched closer to City Hall’s front entrance this past Friday.

PHOTO BY MICHAEL MILLER
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With tensions frothing between Sacramento city officials and the local Right to Rest protest movement, SN&R decided to tackle some of the most common—and insulting—misconceptions about the current debate.


Myth No. 1: This is about camping.
      We remember camping: Mom smearing us with mosquito repellant, dad wrestling with tent poles—the city of Sacramento’s “unlawful camping” ordinance has nothing to do with that.
      “This makes it against the law to live outdoors,” explains Paula Lomazzi, a former homeless woman who runs the Sacramento Homeless Organizing Committee. “And when there’s not [another] option for everyone, that’s like saying you can’t exist.”
      As written, city code 12.52.030 prohibits camping on any public or private property—so, everywhere—unless it’s for temporary recreation or events. In other words, it’s OK to sleep outside unless that’s your only choice.
      And if it is, be prepared to pay a $1,000 fine and spend six months in jail, because the city has couched its ordinance under the state’s public nuisance law. Violating it is a misdemeanor, which means a criminal record, though most violations are reduced to infractions.
      “Making it a crime to live outside doesn’t keep anyone from living outside,” says Niki Jones of Wind Youth Services, the area’s only service-provider for young people experiencing homelessness. “It just makes it harder to change your situation.”


Myth No. 2: There’s enough shelter to go around.
       Not even close, says Joan Burke, Sacramento Loaves & Fishes’ advocacy director. “The most important fact about the emergency shelter system in Sacramento is that the shelters do not have enough beds for everyone seeking shelter and routinely turn away people for lack of space,” she says by email.
      All totaled, there are 1,033 slots scattered across more than two-dozen shelter or motel programs in Sacramento County, “each with its own intake procedures and target populations,” Burke says. “The process of getting into a shelter is anything but user friendly or efficient.”
By the city’s own low-ball estimate, 2,659 people experience homelessness on any given night in Sacramento County. (There are actually way more, but we’ll get to that later.) That right there shows there aren’t nearly enough beds to go around.
      A Loaves & Fishes survey of 336 guests who arrived for lunch one day revealed that 63 percent of them had slept outside the previous night. The wait-list for Wind’s 12-bed shelter, meanwhile, includes more than 100 people, says development director Sarah Mullins.
      The city likes to wave a 5 percent vacancy rate to prove that there’s still room at the shelters, but that’s fuzzy math of the most disingenuous order. Burke says people sometimes don’t show up at the last minute for reservations. Then there are the homeless people with mental and developmental disabilities, physical ailments or substance addictions (it’s often a cocktail) who Burke says simply can’t function in a communal shelter setting. There are few, if any, crisis-placement options for them.
       “This handful of unfilled beds is what permits the powers that be to proclaim that our shelters have vacancies,” she says.


Myth No. 3: There are “only” 2,659 homeless people in Sacramento.
        That number comes from a biennial tally called the point-in-time, or PIT, survey, and is accepted as the standard when it comes to quantifying how many people experience homelessness on any given night in Sacramento County.
        It’s also a massive understatement, say homeless-service providers.
        First off, PIT surveys occur every two years on a single winter night when homeless residents are even less likely to dwell in heavily trafficked areas due to the weather. They don’t account for anyone who’s couch-surfing, staying in a motel or sleeping in a car. These massive undertakings are also undercut by planning shortcomings and inadequate training, say two service providers who participated in them.
“It was really sloppily done,” says one.
         Yet the city swears by these figures, saying on its website that the PIT survey “is the community’s best way to estimate the number of people experiencing homelessness, including those in certain subpopulations, such as transition-age youth.”
         Worse, we in the media often repeat the PIT figures without qualification, as if they accurately reflect the scope of our housing problem. They don’t.
          To put it in perspective, the 2015 PIT count found 291 homeless youth under the age of 24. But the Wind drop-in center for homeless youth served 918 different individuals from this age group last year. “Youth experiencing homelessness are grossly under reported,” Mullins says.
          Get ready to have your mind blown. According to an analysis of federal enrollment data—which does include couch-surfing and sleeping in cars or motels—the California Homeless Youth Project determined that nearly 12,000 local school children lacked permanent housing during the 2012-13 school year. And that’s just kids.
          Reconnecting this to the camping issue was PS7 elementary school teacher Erica Talbott, who put the matter in stark relief at a recent city council meeting. “I find it absolutely tragic that the students in my classroom … are unable to learn during the day because they are unable to sleep at night, all due to the camping ordinance that’s in place. Because of this law, my 8-year-olds are criminals,” she told council members. “I respectfully ask you where they are supposed to sleep tonight.”
           The council didn’t have an answer. But it’s always been better at counting votes than counting constituents.


Myth No. 4: “Homeless protesters” are the only ones complaining.
       Teachers and labor activists. Medical and nursing students. Religious leaders from Christian, Jewish and Islamic faiths. Members of the LGBTQ community and Black Lives Matter movement. And, yes, homeless residents and activists. This is the rapidly expanding coalition that is demanding the repeal of the city’s anti-camping law.
       What a real fringe group.
       Ever since the occupation outside of City Hall began December 8, 2015, officials have tried to diminish the Right to Rest movement as a small band of agitators who rebuff the city’s attempts to help. But officials are losing that PR battle.
       While homeless protesters do make up a majority of those who have camped on City Hall’s front porch for two months now, the coalition goes beyond those without shelter. California Homeless Youth Project director Shahera Hyatt explains this has as much to do with common interests as it does compassion. “The privatization of public space affects us all. The militarization of our police affects us all,” she says. “It’s just that they’ve felt the effects first.”
       As the Right to Rest coalition has expanded, its opposition has dwindled in size, if not power. At a recent city council meeting, special-education teacher Trina Allen pointed out the disparity in allies, with politicians, cops and connected business interests on one side, and everyone else on the other. Or, as she put it, “basically the people your policies, your police and your ideology currently and have historically subjugated.”


Myth No. 5: Repealing the anti-camping ordinance will increase public defecation.
       Type “Sacramento homeless” into Yahoo’s search engine and the first thing to pop up, thankfully, is “Sacramento Homeless Organizing Committee.” But the second result is “Sacramento homeless defecate.”
       Disappointingly, poop has become the central talking point for public officials clinging to their increasingly unpopular policy. At a press conference last month, both Councilman Steve Hansen and Deputy Police Chief Ken Bernard offered variations on this theme. Here’s Hansen: “We can’t allow people to camp in alleys, to urinate and defecate wherever they want.” And Bernard: “We want to solve this problem, but we can’t allow people to camp in alleys, camp on the side of houses, urinate and defecate wherever they want to.”
       This confused us. Does having the legal right to sleep cause someone to lose control of their bowels?
       No, it turns out.
       “They have a demented urge to dehumanize people by painting them as one-dimensional barbarians,” says Omar Sahak, who belongs to a group of UC Davis medical and nursing students that’s joined the Right to Rest coalition. “They could rather think about how to meet basic human biological needs. There is a great prototype toilet already developed for the Tenderloin in S.F.”
       Point taken.
       Hansen and Bernard made what’s called a false equivalency. The city’s argument for keeping the camping ban is riddled with them. Other members of the council, including mayoral candidate Angelique Ashby, keep saying that repealing the ban would somehow mean that they’ve accepted homelessness as the city’s status quo.
       Two points: (1) That ship has already sailed. Thank Oprah’s 2009 visit to Tent City. (2) Decriminalizing people’s ability to sleep outside doesn’t mean the city can’t still pursue the permanent housing solutions it’s outlined. In fact, it’ll have more resources to do so since it will spend less on citing, arresting, booking and jailing people for the crime of making us uncomfortable.
       “We can work on solutions while honoring somebody’s human dignity and allowing them to sleep,” says Wind’s Jones. “People are going to be going to the bathroom either way. What’s going to affect that is whether there are accessible public restrooms, and there aren’t.”
       Case in point: The city recently padlocked public restrooms in city parks and inside of City Hall. It justified the decision on its website by saying the restrooms were being used for illegal activities and had “become filthy.” But that’s misleading. According to a cost analysis document from the city, people were using the restrooms to sleep and bathe.
       The camping law prevents public defecation the same way that the city’s public nudity ban erases genitalia: by pushing the crap out of sight.

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A Busy Tuesday for Those Fighting for the Poor: Freedom SleepOut #29

 

Title: Waking Up the Slumbering Conscience: Freedom SleepOut #29
START DATE: 1/26/2016
TIME: 5:00 PM – 5:00 AM
Location Details:
City Hall Sidewalk at 809 Center St.
Event Type: No type given
Contact Name Toby Nixon
Email Address tobynixon [at] gms.com
Phone Number 408-582-4152
Address
Becky Johnson of HUFF [Homeless United for Friendship & Freedom]–a Freedom Sleeper supporter as well–will speak at City Council at 5 PM during Oral Communications after yesterday’s Koffee Klatch Call-Out to Mayor Cynthia Mathews (See http://www.indybay.org/newsitems/2016/01/24/18782176.php )

Around the same time HAAC activist Toby Nixon will begin another night on the concrete drawing attention to the City’s medieval law making the act of sleeping a crime after 11 PM at night outside, in a vehicle, or in any non-residential building.

Yesterday HUFF activists gave out coffee and brownies in front of City Council offices as well as making forms available for complaints to document the City’s organized legal persecution of poor people outside.

Last week activist Nixon documented harassment by First Alarm Security guards against a homeless man trying to sleep out of the wind under the eaves of the Civic Auditorium.

Phorographer and journalist Alex Darocy documented last week’s Freedom Sleep-Out (#28) at http://www.indybay.org/newsitems/2016/01/21/18782114.php [“The “Winter” Freedom Sleepers”].

Freedom Sleepers Keith McHenry and Abbi Samuels are facing related harassment charges in court today at 10 AM. See ” Food Not Bombs Co-Founder Keith McHenry Faces New Criminal Charges for His Work to Defend the Rights of the Poor ” at http://www.indybay.org/newsitems/2015/12/18/18781097.php ,

Last Friday a visiting judge found Freedom Sleepers Phil Posner and Louise Drummond guilty of “being in a park after closing hours”, the grabbag charge being used to disperse and discourage protest at City Hall for the last six months. Posner suggested he prefered jail to paying a fine or doing community service, but was turned down.

Coffee usually shows up during the night for those hardy enough to spend the night. Visitors and donations are welcome. Freedom Sleepers regularly assess the night’s events at the morning HUFF meeting 11 AM at the Sub Rosa Cafe at 703 Pacific Avenue, where yet more coffee flows.

Koffee Klatch on Monday; Freedom SleepOut #29 on Tuesday: Sleep-and-Survival Struggle Continues

 

Title: Mathews Monday: Koffee Klatch Invites Mayor and Homeless To Talk Turkey
START DATE: Monday January 25
TIME: 1:00 PM3:00 PM
Location Details:
At the City Hall Fountain in the Courtyard in front of the Mayor and City Council Offices at 809 Center St.
Event Type: Protest
Event Type:
Tired of Harassment from Rangers, Cops, and Security Thugs?
Fed up With Politicians Packing with Bigots and Ducking Issues?
Sick of Folks Freezing and Getting Ticketed in Winter?
Disperse the Myths by Speaking Truth to Power !

Mayor Mathews has refused to respond to requests for:
(a) A radio interview of her policies regarding homeless folks, renters, and other community constituents
(b) Her public appearance schedule
(c) Her meetings with lobbyists in the last two months
(d) Her office hours

In response, HUFF (Homeless United for Friendship & Freedom) is inviting Cynthia Mathews, her Council, and the Community to a public chat:

Join Us to:

• File Human Rights Violations with The National Law Center on Homelessness & Poverty
• Advise Mayor Cynthia Mathews What’s Wrong and What Needs to Be changed (if she attends!)
• Swig coffee and other mystery edibles while swapping stories and sharing news
• Lobby Councilmembers to Support Don Lane’s Reform of the Camping Ban (removing “sleep” from MC 6.36)
• Help sort through harassment citation and arrest records at City Hall

The Freedom Sleepers will continue their weekly protest on Tuesday the 26th with Freedom SleepOut #29 at 5 PM.

Another Storm–Another Sleep-Out! The 28th Tuesday Sidewalk Protest Outside Santa Cruz City Hall

 

Title: Storms Over Santa Cruz: Freedom SleepOut #28 at City Hall
START DATE: Tuesday January 19
TIME: 5:00 PM – 5:00 AM
Location Details:
809 Center St.–in front of City Hall and the cover of the porches of adjacent buildings in the wake of a heavy rainstorm. Some will be spending the night on the cold concrete of the nearby sidewalks supporting survival rights for homeless people on the streets of Santa Cruz.
over the harassment of First Alarm Security thugs and other “law and order” homeless-o-phobes.
Event Type: Protest
Private Warming Center activists, using the shelter of churches, try to do the job that City authorities refuse to do–ensure basic survival shelter for unhoused folks. Meanwhile, the Freedom Sleepers begin their 28th Tuesday of Sleeping Out, outside City Hall.

Long-time local activist Steve Schnaar hit the hammer on the head when he wrote ” the [City] Council unanimously voted for the City to collaborate with the Warming Center program…. [T]his decision by the Council is really a very small offer: the use of a City building only if no church spaces are available, and only for a maximum of five nights this winter….”

“[T]he same Council also voted to increase punishments for sleeping in parks, as well as making it illegal to sleep in large vehicles.”

“…[T]he City kicks them while they’re down, sending police to raid their camps, increasing penalties for the “crime” of sleeping outside, and outlawing large vehicles that many people use for shelter.”

“Even with respect to daytime, waking life, the City continually restricts the use of public space by homeless people downtown, and has even condoned brazen police violence against the homeless (i.e. the inaction by the City after a SCPD officer was caught on film slamming a hand-cuffed Richard Hardy face-first into the curb).”

See “MLK Day Challenge to City Council to End Homeless Repression” at http://www.indybay.org/newsitems/2016/01/18/18781957.php for the rest of Schaar’s letter.

There will also reportedly be a Warming Center offered Tuesday night with pick-up’s at the Pearl Alley area behind Joe’s Pizza from 7 – 10 PM, spearheaded by Brent Adams and Steve Pleich.

Organizers “Tussle with Terror” Toby Nixon and “Push Back” Pat Colby haven’t advised me what kind of midnight refreshments will survive the storm at the Sleep-Out. But Jumbogumbo Joe Schultz is likely to come through with something hot and life-giving.

Pleich also passes on word from Eureka of an Emergency Shelter Declaration (http://eureka.granicus.com/MetaViewer.php?view_id=2&event_id=567&meta_id=31263 ) and wonders why Santa Cruz continues to ignore the crisis.

For more photos and homeless info go to: http://www.facebook.com/search/top/?q=Freedom%20Sleepers

For background and some initial links see “Freedom SleepOut #27 To Follow First 2016 Council Meeting”http://www.indybay.org/newsitems/2016/01/11/18781690.php

Back Again for #27, Freedom SleepOut to Follow First Council Meeting of the Year

Title: Freedom SleepOut #27 To Follow First 2016 Council Meeting
START DATE: Tuesday January 12
TIME: 5:00 PM – 5:00 AM
Location Details:
With light rain predicted, Freedom Sleepers and their allies will congregate and crash in front of City Hall, on the adjacent sidewalks, and under the eaves of nearby closed buildings (like the Civic Auditorium and the Library) until dawn.
Event Type: Protest
Contact Name Toby Nixon (posted by Norse)
Email Address tobynixon [at] gms.com
HOMELESS-HOSTILE CITY COUNCIL RETURNS
City Council chairwarmers return well-rested from a Xmas vacation while the homeless community continues to face rain, wind, cold, vigilante and police harassment, and the loss of property that comes with being vulnerable outside.

FREEDOM SLEEPER GOALS
The Freedom Sleeper objective: to support fundamental changes in how homeless people are treated in Santa Cruz, beginning with the abolition of the Sleeping Ban sections of the Camping Ordinance.

Unofficial accounts suggest that former Mayor Don Lane will be following up on his October facebook intention to move that City Council strike all mention of “sleeping” from the City’s Camping Ordinance. While still providing no legal places on public property for the 1500-2000 City homeless to sleep at night.

This preliminary change has long been sought by homeless activists–from HUFF and other organizations making up the Freedom Sleepers including Food Not Bombs, Homeless Advocacy and Action Coalition, Homeless Depot, and the Homeless Persons Health Project.

GLOOMY AGENDA FOR THE HOMELESS
City Council’s open session begins at 2:30. Item #14 finalizes a law that gives total power to the city’s traffic engineer to restripe any city parking places s/he so chooses to ban “oversized” vehicles (i.e. homeless homes on wheels). Item #15 sees the return of a hostile staff report dismissing the crying need for winter Warming Centers.

The report proposes no support for such survival centers (even to the limited extent of opening up unused vacant buildings) unless the County and private sources move first. The reactionary staff reaction is no secret & holds no surprises. The staff and their captive City Council have refused to open vacant buildings throughout the wet cold winter.

The two items are expected to come up between 3 and 4 PM, with the usual “we ain’t listening, but talk for two minutes if you’d like” Oral Communications around 5 PM

SECURITY THUGS HARASS HOMELESS IN STORM
Instead last Tuesday 1-5 in Freedom SleepOut #26 Tough-It-Out Toby Nixon set up a Tent on the sidewalk adjacent to City Hall and braved the storm there. First Alarm “Security” guards and police continue to drive homeless people away from the eaves of nearby buildings.

Around 4 AM Toby reports being accosted and awakened by a sadistic First Alarm Security Guard, apparently eager to assert his authority. See “Sleepouts at Santa Cruz City Hall Advance to 2016” at http://www.indybay.org/newsitems/2016/01/08/18781626.php for the milder version of this encounter.

24-HOUR BATHROOM SHUT
The previously 24-hour bathrooms in the Soquel St. garage bathroom were closed on December 23rd because of a massive upsurge in “loitering”, using the bathroom as “shelter”, and graffiti activity. City Hall has kept its bathrooms closed during the daytime period when Tuesday protests were held, even though Council offices were open at that time.

RED CHURCH PASTOR LEAVING TOP POST
Red Church pastor Joel Miller has announced his retirement from the lead pastor position. Miller has been responsible for supporting and organizing the Monday night meals there as well as initiating the small but real weekly shelter program with other churches serving 20 people. He has also offered to open his church as a Warming Center on a frequent basis.

 

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Looking Back on Freedom Sleepout #26 in Santa Cruz Last Tuesday

Sleepouts at Santa Cruz City Hall Advance to 2016

by Alex Darocy ( alex [at] alexdarocy.com )
Friday Jan 8th, 2016 6:00 PM

Homeless individuals returned to sleep at Santa Cruz City Hall on January 5 for the twenty-sixth community sleepout. Facing intermittent downpours of rain, some slept in a large tent on the sidewalk in front of the city hall courtyard. Signs attached to the tent read, “No Sleep Til Justice.” Some individuals successfully slept under the eaves of the city offices building itself, which is a no-trespassing zone at night. One person slept directly on city hall’s brick walkway with out a blanket. Regardless of the sleep location, it is illegal to sleep in Santa Cruz anywhere in public between the hours of 11 pm and 8:30 am.

Since July 4, community members, many of them calling themselves “Freedom Sleepers,” have been organizing the sleepouts one night a week at City Hall to protest laws that criminalize homelessness and the simple act of sleeping.

Initially they attempted to sleep on the lawn in the courtyard area of city hall, which is also a no trespassing zone at night. In response, police conducted raids at nearly every one of their sleepouts. After many were cited and or arrested in the courtyard, the sleepers moved the location of their sleep-protest to the sidewalk in front of city hall. Eventually the police raids subsided.

To keep the courtyard free of sleepers, the city has instead chosen to hire all night security patrols, who often stand watch over the sleepers for hours at a time. Staying up all night has weighed heavy on some of the guards, who are employed by First Alarm Security Services. Several guards have been caught sleeping in their cars (see: http://www.indybay.org/newsitems/2015/09/17/18777749.php#18777759), which is a violation of the camping ban, the very same law the sleepers are directly protesting themselves through civil disobedience. Some of the guards have expressed frustration with the protesters, a homeless woman was roughed up while they were arresting her in the courtyard (see: http://www.indybay.org/newsitems/2015/09/16/18777700.php).

According to reports from the Freedom Sleepers, there were transgressions from the guards at the last sleepout as well.

Toby Nixon, of the Homeless Advocacy & Action Coalition, said that at about 4 am on January 6, a First Alarm security guard began to shine a bright light on the activists’ tent and attempted to initiate a “conversation” with the individuals inside it. After exiting the tent, Nixon says he insisted the security guard stop harassing them as they attempted to sleep. He claims the guard responded that he was working there and that it was his right to do whatever he wished.

According to Nixon the First Alarm guard left after some coaxing, and the sleepers inside made it through another night at Santa Cruz City Hall.

For more information about the Homeless Advocacy & Action Coalition, see:
http://www.facebook.com/Hoacad/

For more information about the Freedom Sleepers, see:

Freedom Sleepers
http://freedomsleepers.org/
http://www.facebook.com/groups/380115462197408/

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


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by Robert Norse

Saturday Jan 9th, 2016 9:58 AM

Again, a tip of the hat to the dedication of phorographer/journalist Alex Darocy, whose photos involve braving wind and weather at early hours of the morning when most of us are in bed under a roof, myself included.

Sleeping on the sidewalk, as Alex points out, is itself illegal after 11 PM under the City’s Sleeping Ban (MC 6.36.010a) with a $158 fine (when court fees are tacked on). Virtually no tickets have been given out for late-night sleeping–even when folks were sleeping on what was once the grassy City Hall lawn (now torn up and taped off by vigilant city authorities).

Instead, the vast majority of the tickets were for “being in a closed area’, which was, conveniently enough, the City Hall grounds. The City Hall grounds were declared “closed” 10 PM6 AM in response to a peaceful but persistent (nightly) protest against the very same Sleeping Ban back in 2010 (“Challenging the Darkness: Peacecamp2010 goes on as the Repression Deepens” at http://www.indybay.org/newsitems/2010/09/04/18657817.php ). Elsewhere in Santa Cruz ticketing continues–though at a reduced rate–under the Sleeping Ban, a slow-down credited in part to the weekly Freedom Sleeper protest as well as recent Department of Justice support against a Boise Sleeping Ban and HUD standards encouraging city’s to “decriminalize” homelessness by eliminating such cruel and archaic laws.

The decree closing City Hall grounds at night by Parks and Recreation Director Dannettee Shoemaker will come under court scrutiny in demurrers filed by activists ticketed under MC 13.04.011c (being in a closed area) in court. One such argument was already rejected by BasementLevel Baskett, the balefully biased bailiff of Courtroom 10 in the case of Monterey Max. Other cases will be appearing Departments 1 and 2 (Call HUFF–Homeless United for Friendship & Freedom–for more info at 831-423-4833).

In my recent cases, junior City Attorney Reed Gallogly has refused to dismiss two such charges, even though I’ve pointed out that the City implicitly acknowledged the accuracy of the “agenda” defense. That defense affects any and all Freedom Sleepers and their supporters who were ticketed for “being on the city hall grounds after 10 PM: whether sleeping or not. The defense involves the fact that the City’s “closed” City Council area up to two weeks ago included the only spot in the City where its 24-hour agendas were posted, making the closing a violation of the Brown (Open and Accessible Public Meetings) Act. This is true since there’s nowhere else in the City that the agendas can be viewed physically for a 72-hour period before the agendaized meetings 24 hours a day as required by law.

Gallogly’s refusal to dismiss the charges seems to be part of a hard-liner strategy designed to punish the protesters’ use of their First Amendment rights to embarrass a City which makes sleeping and survival camping a crime after 11 PM, while providing no shelter to its 1500-2000 homeless folks. The 100-cot Winter Armory shelter hardly fills the bill. Gallogly has also declined to agree to a delay in trial for one activist undergoing heart surgery, insisting he “tell it to the judge”.

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Sacramento Nightly Protests Against Homeless-Hating Laws

 

NOTES BY NORSE: Santa Cruz’s Freedom Sleepers haven’t been alone in challenging the Sleep Deprivation laws designed to make cities “unwelcome” to poor people forced to sleep outside.  Recently in Sacramento activists have sustained a nightly campaign protesting anti-homeless laws there.  Santa Cruz activists are talking about resuming protests against the anti-homeless Santa Cruz “Sleeping Ban” (MC 6.36.010a) which prohibits sleeping outside in a vehicle, and/or in any non-residential structure when City Council returns from its Xmas vacation on Tuesday January 13th.  Plans are also afoot among HUFF activists to picket the “First Alarm” (more accurately termed “False Alarm”) security thugs hired to scare away homeless folks from sleeping during the day in parks, at City Hall, or near the library.  For more information, come to the Food Not Bombs meal at 4 PM Sunday January 11th in front of the main Post Office downtown, or call HUFF at 831-423-4833.

Homeless demand change in Sacramento’s no camping ordinance

Campers have been outside city hall for more than 20 days

UPDATED 11:49 PM PST Dec 29, 2015

SACRAMENTO, Calif. (KCRA) —Homeless campers have been outside city hall for more than 20 days, demanding the city reverse it’s camping ban. They aren’t using tents but have similar camp paraphernalia, which is illegal.
“It shouldn’t be illegal to be able to just find a safe spot to sleep,” homeless camper Mohammed Abughannan said.
Other than a few cigarette butts and chalk art on the sidewalk, the campers have been keeping the walkways clear.

“We want to let them to know that we’re not here to trash their property,” homeless camper David Sanchez said. “We’re not here to destroy it.
We’re just here to make a statement that in the future, hopefully, that this will all be resolved.”

Sacramento police said they can stay as long as they’re peaceful and keep the walkways clear. The campers said they’re not leaving until the ordinance is changed.
The city issued a statement that reads in part:
“…The Sacramento city council is not inclined to repeal the city’s anti-camping ordinance.”
“Well, then they better be ready for us to maintain our presence here for a lot longer and continue to grow,” organizer James Faygo Clark said.
“It doesn’t look good, but it doesn’t bother me,” Sacramento resident Ginger Greer said. “I mean it’s the city, you have to expect it.”
Resident Joann Sprogis, who walks by city hall every day, disagrees.
“You know, I have to live with the building codes. I don’t know why these people need to be exempt,” Sprogis said.
“It’s good. They’re trying to change some stuff because it does violate their rights, you know, the right to sleep, the right to rest,” Sacramento resident Tyler Cole said. “So, it’s good they’re trying to change that.”
Violating the ordinance is a misdemeanor. So far, there have been no arrests and no citations have been issued.
VIDEO AND COMMENTS AT http://www.kcra.com/news/homeless-demand-change-in-sacramentos-no-camping-ordinance/37187558

Homeless return to Sacramento City Hall under political, legal cloud

Attorney calls city ordinance prohibiting camping unconstitutional, vows lawsuit

UPDATED 7:39 PM PST Jan 03, 2016
 

SACRAMENTO, Calif. (KCRA) —More than a dozen homeless people are back at Sacramento City Hall on Sunday, continuing their camping protest despite weekend arrests.
Homeless advocates told KCRA 3 at least four homeless campers were arrested by Sacramento police.
Mohammed Abughannam, who was among those arrested, said the city’s plan is get homeless advocates off the grounds “because we’re an eyesore.”
Abughannam claims he broke his arm while police enforced Sacramento’s anti-camping ordinance.
In a statement to KCRA 3, Sacramento city spokeswoman Linda Tucker said: “The Sacramento Police Department takes any complaints or allegations of injury very seriously and conducts thorough investigations following all allegations. As of today, we have not received any reports or observed serious injuries related to the protests at City Hall. All arrests were digitally recorded up until the arrestee was booked into the Sacramento County Jail.”

Mike Luery/KCRA

The city offered shelter for the campers, but Abughannam said it was not an option for everyone.
“Some people can’t get in because they are susceptible to getting sick. They have anxieties about being around other people,” Abughannam said.
The homeless are supported by civil rights attorney Mark Merin, who won a multimillion settlement from the city several years ago over the confiscation of homeless property.
Merin said he plans to sue the city again for what he calls an unconstitutional anti-camping ordinance.
“It doesn’t make any sense to treat homeless people that way,” Merin said. “We need wiser decisions. We need a more enlightened leadership. And we need the public to come forward and say this is idiotic.”
The homeless protest has now become a hot-button political issue for candidates running for mayor, including Tony Lopez.
Lopez said he supports the city’s enforcement of the no-camping ordinance.
“What they’re doing is actually illegal,” Lopez said. “So the cops have to be cops. Just because you’re homeless doesn’t mean the laws don’t affect you.”
Lopez is not alone. Sacramento Mayor Pro Tem Angelique Ashby, who’s also in the mayoral race, supports the city’s ordinance, calling it an effective tool for outreach to the homeless.
“What we’re really trying to do in Sacramento, I think, is not accept sleeping outside as an acceptable form of living,” Ashby said. “We really want to get people into housing and that requires that we’re able to talk to them.”
Former Senate President Darrell Steinberg, also a candidate, said he has no problem with law enforcement officials doing their job.
“But this all misses the point,” Steinberg said. “The real point is we must have a policy in the city of Sacramento, and our greater region, that puts housing first.”
A fourth candidate for mayor, Russell Rawlings, told KCRA 3 that the city ordinance must be repealed.

On Monday, the state Legislature returns to the state Capitol with a new budget proposal designed to tackle the issue of homelessness statewide.
FOR VIDEO AND COMMENTS GO TO: http://www.kcra.com/news/homeless-return-to-sacramento-city-hall-under-political-legal-cloud/37248182

1 arrested as homeless remain outside Sacramento City Hall

Homeless group continues to protest no camping ordinance

UPDATED 2:12 PM PST Jan 04, 2016SACRAMENTO, Calif. (KCRA) —One person was arrested Monday morning as homeless protesters remain camped out at Sacramento City Hall after police removed some of them from the area over the weekend.
Lawmakers will introduce an initiative Monday called “No Place Like Home” to tackle the homeless problem throughout the state. The proposed legislation would provide funding for homeless housing statewide.
Some of those who have camped outside City Hall for the last 27 days said help can’t come soon enough.
The Sacramento Police Department told KCRA 3 that more than 40 officers in riot gear removed protesters Saturday, and four people were arrested.
Some homeless went to warming shelters, but most returned hours later.
According to a representative for the homeless group, police were back out at 2:45 a.m. Monday telling protesters they can’t sleep in front of City Hall because it’s considered camping and in violation of a city ordinance.
Former Senate President Darrell Steinberg, who is running for Sacramento mayor, will be at Monday’s planned events in both Sacramento and Los Angeles.
“We must have a policy in the city of Sacramento and in our greater region that puts housing first as the main strategy to seriously reduce homelessness,” Steinberg said.
But not everyone agrees it is the best solution to the problem.
“The fact is services are not existing in a way that take care of people. There are not enough, for one, and they don’t work for people,” said Niki Jones, who is camping out with the group. “They are not culturally competent for people who have experienced trauma. We need to provide
services in a way that can help support people.”

Homeless protesters said they aren’t going anywhere until the no camping ordinance is changed.

FOR VIDEO AND COMMENTS GO TO: http://www.kcra.com/news/1-arrested-as-homeless-remain-outside-sacramento-city-hall/37253358

MORE STORIES AT http://www.capradio.org/news/insight/2016/01/05/insight-010516a/

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Santa Cruz Freedom Sleeper Protests Hit KPFA as Media Coverage Expands

 

NOTES BY NORSE:  One of my main concerns about the effectiveness of the Freedom Sleepers is their out-of-the-way location outside a closed City Hall (always at night, and during the Xmas holiday all the time).   Local media attention has been biased or non-existent.  It’s refreshing to read word is spreading, even as activist Toby Nixon and his unhoused comrades brave rain, wind, and cold to keep the protest alive each Tuesday night.  (Tomorrow February 5th will be Freedom Sleep-Out #26).

It’s been my feeling that protests need to be mounted downtown in full public view of merchants and tourists, encouraging shoppers to do a phone-in to City Hall, or a direct boycott, or join CD actions or take up other militant actions of their own to stop the threats to homeless survival in Santa Cruz.   The Xmas and New Year’s season is particularly significant commercially and religiously.   Police can quietly terrorize but generally ignore Freedom Sleepers at City Hall at night, but would find it more difficult to make them invisible during the day on Pacific Avenue.

The recent Public Safety Hysteria has been overseen and orchestrated by the Martin Bernal/Tina Shull/Scott Collins Mangle-the-Mendicants Manager team.  These well-paid unelected officials are at the center of the increasingly militant homeless-hostile Santa Cruz government.   They created the “no homeless RV’s allowed at night” law (goes into effect January 8th), as well as police state police-generated Stay-Away orders from all city parks, greenbelts, and other sleep-at-night-to-survive zones.   The Take Back Santa Cruz, the Harvey West Association, the Downtown Association, Santa Cruz Neighbors, the Santa Cruz Sentinel, and the SCPD rhetoric is now the new neo-fascist SantaCruztoosoftonthepoor “normal”.  This language has successfully supplanted the earlier  hypocritical “we’re the most compassionate town around; it’s a national problem; we’re going to end it in 10 years” rhetoric by psuedo-progressives used to reassure university students muddled liberals.

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Driving Out the Mosquitoes: Making Homelessness Illegal
by Dennis J. Bernstein, Reader Supported News
Sunday Jan 3rd, 2016 6:16 PM

The seaside city of Santa Cruz, California, is one of several municipalities in Northern California that have become home for the herds of bubble up dot-comers rolling the dice in Silicon Valley. From San Francisco to San Jose to Berkeley, and down the coast to Salinas and Monterey, local officials are salivating at the multitude of possibilities for bringing in the tax bucks. And more often than not, these local officials are rolling out their welcome mats for the Silicon set, right over the bodies of the growing numbers of the poor and disinherited in this wealthy nation.

santa-cruz-homeless_franco-folini.jpg
santa-cruz-homeless_franc…


“They’ve actually installed mosquito boxes to drive out the homeless and hungry,” says Keith McHenry, co-founder of Food Not Bombs (Global). “They’ve set up these horrible sound machines that they put under the bridges and in parks that just turn on automatically and drive people out of the areas, because they make you nauseous and give you a terrible headache.”

I spoke to McHenry as he passed out free food in front of the post office in downtown Santa Cruz. McHenry described a situation that is familiar to many advocates for the poor and homeless across the region and across the country. “The poor and growing numbers of the desperately hungry in this city, state, and country are under attack,” said McHenry. “There are new laws just in the last couple of years, and others that have been strengthened, that make it a crime to be poor and hungry.”

McHenry, and more than a dozen other housing and homeless advocates interviewed for this article, expressed alarm at the expanding attempts by state governments and local municipalities to criminalize the homeless by passing harsh laws and local ordinances that make it unbearable and downright dangerous to live on the street.

“Now they’ve got these new ‘stay-away orders’ here in Santa Cruz,” said McHenry, “and city employees can just ban you from parks for up to half a year at a time. And you can end up getting a year’s sentence if you violate these stay-away orders. They treat the homeless and hungry like they’re pigeons, or some kind of vermin that can just be driven away. Their human rights are being totally violated.”

Osha Newman is a civil rights attorney who represents the homeless in Berkeley, Oakland, and Richmond, California. Newman said he is extremely troubled by this new stepped-up brutality against the homeless in the East Bay. “It’s an everyday, daily routine,” said Newman in a December interview. “The cops kicking and punching and prodding the homeless, even as they sleep. Beating them awake. It’s outrageous. Now Mayor [Tom] Bates and his anti-homeless supporters have succeeded in passing a new batch of draconian laws against the homeless, including one saying that you cannot have belongings that take up more than two square feet on the sidewalk. Can you fit your life’s belongings in two square feet?” he asks.

Down the coast from Santa Cruz in Salinas, California, the homeless have been dealt with in a most brutal and destructive fashion, according to legal proceedings filed in federal court. After being ignored and disregarded “like so much trash,” a group of the homeless organized their own self-governed village, “Tents by the Garden,” complete with working toilet facilities.

“In 2012, me and the rest of the homeless community out here in Salinas started Tents by the Garden,” said Rita Acosta, one of the founders of the homeless community, who is now the lead plaintiff in a federal court action against the city of Salinas for illegal seizure and destruction of personal property under the 14th and 4th amendment.

“We had like 28 people in Tents by the Garden that was all into it altogether,” said Acosta in a phone interview at the end of December. “We also started a PHSH program (Public Hygiene to Stay Human), and we got porta-potties on our camping area. But then the city had a sweep here in January 2013 and they moved us all out, closed off our area, and put up gates. Now they complain about the streets being all unorganized. We were organized. They closed our area down and put us on the sidewalk. So now they’re complaining about it. This is their mess. They’re the ones who made it. They need to clean it up. If it was up to us, it wouldn’t be like this, because we had it more organized.”

Anthony Prince is one of the lead attorneys on the case being brought by Acosta and the homeless of Salinas. Prince said his clients have filed for a preliminary injunction against the city that challenges the constitutionality of the city’s policy and practice of seizing and destroying property that belongs to homeless people. “As you may know, under the 4th Amendment to the Constitution, people have a right, a property interest which cannot be breached without due process. The government cannot seize property, personal property, without notice and opportunity to be heard. Those are the two essential elements of due process.”

The Salinas legal battle centers around a new city ordinance adopted in October. The city codified its brutal, forced-dispersal policies with a new ordinance that allows the city to seize and destroy property of the homeless, almost at will. Salinas City Ordinance 2564 authorizes the city to confiscate and destroy “bulky items” as well as items that are deemed to be “dirty,” “soiled,” “damaged,” or “broken.”

Prince asserts that 2564 is indeed unconstitutional and in flagrant violation of the recent Ninth Circuit’s ruling in Lavan v. City of Los Angeles. In affirming a preliminary injunction, the Ninth Circuit held that because homeless persons’ unabandoned possessions are “property” within the meaning of the Fourteenth and Fourth Amendments, a city must comply with the Fourteenth Amendment’s due process clause, and the Fourth Amendment’s prohibition of unreasonable seizures, if it wishes to take or destroy those possessions.

According to the amended suit filed on December 22, 2015, the homeless plaintiffs assert that “The City of Salinas has adopted and begun to implement a municipal ordinance that run roughshod over these constitutional rights and threatens the homeless residents of Salinas with grievous and irreparable harm.”

The homeless were in federal court just a few days after a pair of homeless men died of exposure in the nearby city of Monterey. The two men were discovered huddled together without tent or blankets, and with only minimal clothing to protect them from the elements. “By allowing the city to seize essential property, like blankets, clothing, and tents, Salinas’s Ordinance could put the lives of members of the homeless community at risk.” said Prince. “We are determined not to see that happen here.”

“In past sweeps I have had my possessions – my tent, bedding, clothes, blankets, food stamps, identification, birth certificate, family photographs, and important legal documents – taken from me and thrown away,” said Acosta, a longtime resident of Salinas who is now homeless. She talked freely about the daily violence of poverty, enhanced by the brutality of official policy. “Well, it’s a lot rougher for us now that we’re back sleeping on the sidewalks,” she said. “Some of the tents are out toward the streets. We’ve actually had cars hit people’s tents and stuff like that. And I, myself, I had somebody reverse their van into my tent because they thought they were in drive, and they reversed all they way into the tent and pushed me all the way into the back. So it’s scary. It’s dangerous. It was a lot more safe when we had our own area.”

In an August 2015 directive on the subject, the United States Interagency Council on Homelessness warned that “the forced dispersal of people from encampment settings is not an appropriate solution or strategy.”

Dumpster Diving for Survival

“Now the police department comes out here with the city,” Acosta continued. “They start around 8 o’clock. They just start from one end of the street until they make their way all the way around it. They tell us ‘you guys should have been ready, getting your things out.’ But how can we be ready with our things out when we don’t have any place to take our things? So it makes it a little bit difficult. Whatever we can’t take with us they have like a bulldozer thing that just comes in and scoops everything up and puts it straight into the trash … straight into the garbage can. They don’t ask or anything – they just take it. They just tell us, ‘We gave you enough time to take your things out.’ Out? To where?” asks Acosta. “There is no where else to go.”

Acosta makes the point that many homeless people still work, but find it more and more difficult to keep their jobs and their lives in order because of these new laws being imposed on the homeless. “In the Sherwood Park area,” she said, “there was this young man, he works. So when they were throwing his stuff away, he was yelling ‘Hey, hey that’s my … you’ve got my work stuff in there.’ And he actually jumped into the dumpster, into the big trashcan, to get his stuff out. No sooner than he jumped out, another big ol’ load came and almost crushed him. He was actually lucky he jumped out when he did. When you ain’t got nothing they just want to take more from you,” Acosta reflected.

In Berkeley, poor people’s attorney Osha Newman tells a story similar to Rita Acosta’s: The homeless, tired of being ignored and disrespected, founded their own community in Albany, between Berkeley and Richmond, on a piece of land known as the Albany Bulb that juts out into the bay. “There was a whole community of people living out on the Albany Bulb taking care of themselves,” Newman lamented, “not taking a penny from the government, asking nothing from the city but to be left alone, [and] those 60 or so people, they were evicted, with nothing. Kicked out of Albany and into Berkeley, where they have been kicked around ever since.”

Back in Santa Cruz, as the free food is being dished out by homeless volunteers, who also made it, Keith McHenry tells me that major cuts were made to the homeless services center, based on cutbacks by the Feds. “They shut down emergency services,” he said, “so the meals for hundreds and hundreds of people in early July, late June, disappeared. The showers disappeared, the mail service for a while disappeared … but came back, although at a much more limited level. And then around 50 employees were fired, who were dealing with the homeless service. It ended up being a total crisis. Two people living at the shelter, when they got their eviction notices, ended up getting hit by cars and killed. The local homeless people said that they were basically depressed and freaked out and didn’t want to go back out on the streets. One case was of a middle-aged woman who got hit by a car,” said McHenry. “I don’t think that case has been solved; it was a hit and run. And so there’s been such tension in the homeless community in Santa Cruz. Many of these people actually owned homes in Santa Cruz, but during the housing foreclosure crisis, folks lost their own places or they were renters that lost their places because their landlords were foreclosed on.”

According to a recent report from the Federation of Protestant Welfare Agencies, 21.8 percent of the nation’s children and 15 percent of the population overall are poor and often hungry. Despite the growing needs of so many people, the Feds continue to cut vital services and assistance meant to help the most at risk among us. “Added to this,” said Jennifer Jones, the Executive Director of the FPWA, “are the funding cuts for meals for home-bound seniors, vocational training programs for those who’ve lost their jobs, food for low income families, and the list goes on. At a time when our nation needs to protect people from continued and increasing hardship, and support economic growth, the Federal government has imposed sequestration cuts and proposes further budget cuts that take us backwards.”

“It’s also now become illegal to feed the hungry,” asserts McHenry, who has been arrested many times, once on Christmas Eve in a Santa outfit, for giving out free food. “Santa was tossed into the police wagon and the food was tossed in the garbage by the cops, while dozens of hungry people looked on,” said McHenry. “They are making laws across the United States against feeding people outside, in city parks … Their new strategy is to make it so hard for you to get the permits to feed people, and limiting it to just a small amount of time.”

“It’s not illegal to be homeless in the United States,” said Anthony Prince, “but what we see increasingly is an effort to criminalize the status of being homeless. As you may know, it is against American jurisprudence to criminalize a person or a sub-class of people based on their status, but that is exactly what the new laws do.”



Photo: Homeless veterans at sunset on the outskirts of Santa Cruz. (credit: Franco Folini)

Dennis J. Bernstein is the executive producer of Flashpoints, syndicated on Pacifica Radio, and is the recipient of a 2015 Pillar Award for his work as a journalist whistleblower. He is most recently the author of Special Ed: Voices from a Hidden Classroom.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.


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