NORSE’S NOTES:  The sweeps and subsequent “Homelessness Emergency” declared by officials in Hawaii remind us of similar “crush and conceal” tactics used by Santa Cruz City authorities here.  After closing the main emergency food, laundry, bathroom, and day homeless services in town (which even before closing served only a fraction), SCPD and Rangers have stepped up “enforcement” of “Don’t Sleep at Night if You’re Homeless” ordinances including park closing laws, camping bans, and other abuses criminalizing the status of homelessness here.

The Santa Cruz Freedom Sleepers’ Sleepout #15 in front of City Hall tonight drew 30 or more folks and at least half that many overnight sleepers, braving cold sidewalks, fines, police harassment, and the threat of glaring klieg lights shining down from 3 high-intensity platforms (though the lights uncharacteristically hadn’t been turned on by midnight nor had the police arrived for their customary “disperse and disparage” sweeps of previous Tuesday nights.

Second-hand reports claimed that 6 police vehicles were sweeping Harvey West Park, while two nights before 17 citations were reportedly issued at the Red Church downtown—as homeless folks scrambled to find safe refuge somewhere from the City’s relentless gentrification efforts to run the poor out of town.

As cosmetic coating, the Santa Cruz City Council is reportedly preparing the usual scaled down Winter Armory Shelter for 100 homeless people and perhaps a reopening of the Paul Lee loft—serving less than 10% of the homeless community.  Meanwhile no let-up in the citations and harassment of homeless “sleep criminals” is in the offing—in spite of major changes in more conservative cities like Anaheim, Huntington Beach, and Santa Ana.  ‘With one hand, Santa Cruz officials continue the beatings, with the other they reassure the public with the holiday season “generosity”.  Bitter bullshit, but nothing new.

City completes latest sweep of homeless in Kaka’ako

UPDATED 7:14 PM HST Oct 09, 2015

HONOLULU —From tents to bicycles, most of what once littered the sidewalks of Kaka’ako Makai was removed by the City as it conducted its final phase of sweeps in the homeless encampment.
Dump trucks were filled to the brim as the city cleaned the sidewalks of Kaka’ako Makai. Not counting Friday’s totals, crews have filled seven bins of stored items, 29 shopping carts and 26 tons of trash over the last month. “I believe we’re going to establish a record for our removal actions,” said City Facility Maintenance Director Ross Sasamura.
Not lost among the chaos, dozens of volunteers passed out lunches or moved boxes. Students from the nearby medical school say they’ve come to know these folks like neighbors.
“We’re here all the time. My friends play with their kids and their dogs. I don’t think that them living here permanently is a solution in any way, but I don’t think the way they’re treated now is right either,” said University of Hawaii medical school student Megan Sumiga.
Just as they did Thursday morning, the city provided buses to shuttle folks from Kaka’ako to shelters. However, city officials did say that among the 100 families they moved Thursday morning only eight took advantage of the service.
“We actually checked capacity before we began enforcement yesterday to make sure there is enough space for everybody,” said Sasamura.
Despite the city’s efforts to break up the state’s largest homeless encampment, those who call Kaka’ako home say the effects are temporarily cosmetic.
“Is it reasonable to think that most of these families will be coming back here? Oh yeah. It’s a given,” said Tabitha Martin, who is homeless.
The city says when the sweeps are complete, they’ll continue enforcement maintenance where crews will frequent the cleared areas to remove garbage and clear out anyone living on the sidewalk.
Scott Morishige, Gov. David Ige’s coordinator on homelessness, announced Friday that a total of 48 people who had been living in Kaka’ako (including eight families, three couples and five singles) have moved into shelter in the past week. Individuals and families were primarily placed at the Institute for Human Services, Next Step Shelter and the Lighthouse Emergency Shelter.
“By working together, we have made a positive difference in the lives of these individuals and families. This would not have been possible without close coordination between homeless outreach providers, shelters, the state and the City and County of Honolulu,” Morishige said.
Since Aug. 7, state-contracted outreach providers have offered shelter and permanent housing resources to individuals and families in the Kaka’ako Makai area. A total of 152 people (including 23 families) have been placed into shelter or permanent housing.
“In our 37 years of delivering homeless services, we have not seen a more coordinated, organized and well-executed outreach campaign take place in Hawaii,” said Clinical Director for The Institute for Human Services Jerry Coffee. “We would like to congratulate the State’s Homeless Coordinator, Scott Morishige, and the Governor’s leadership team on homelessness for their successful effort in addressing one of our country’s largest homeless encampments. Their leadership brought homeless providers together to share resources and provide various services to addressing the individual needs of many people throughout Kakaako. We also acknowledge our government leaders who worked closely with service providers to ensure adequate shelter space and housing resources were available throughout each enforcement phase.”
Coffee says in two months, IHS staff moved 18 families (44 individuals) and 32 single individuals from shelter into housing. This allowed 73 additional individuals from Kaka’ako to seek safe shelter and housing during this time period for themselves and their children.
• 10 families (15 adults and 24 children) and 23 single adults into shelter.
• 3 families (6 adults and 5 children) placed directly into housing.
“We will continue working with each client to ensure housing and self-sufficiency becomes their end goal. And we look forward to continued progress as we develop new coordinated strategies and approaches to addressing other homeless encampments throughout Hawaii,” said Coffee.

Economy

After Destroying Homeless Camps, Hawaii Declares State Of Emergency On Homelessness

by Bryce Covert Oct 19, 2015 10:01am

On Friday, Hawaii Gov. David Ige (D) signed an emergency proclamation on the state of its homeless population.

The proclamation will speed up construction of a temporary homeless shelter, extend existing contracts for homeless services, and increase funding for housing first programs that aim to move people into a home and then address any other issues they may have. It comes with more than $1.3 million in funding for services and permanent housing.

“It is still a state of emergency when you consider there are thousands of people in our community who continue to be homeless,” Ige said at a news conference. There were nearly 5,000 homeless people in a state of 1.4 million at latest count, just under 2,000 of them unsheltered.

The state has come under scrutiny, however, for often dealing with its burgeoning homeless population by simply cracking down on those who are on the streets or clearing them out. In a press release announcing the state of emergency, Ige cited enforcement in the Kaka’ako Makai area, near Honolulu, and said, “We plan to replicate the Kaka’ako model as we work to address homelessness in communities across the state.” But that city has repeatedly raided its homeless camps, forcing people out and throwing out their belongings.

The American Civil Liberties Union had sued the city in an attempt to stop the sweeps, arguing that by seizing and destroying property, the city is violating homeless people’s due process rights. But a judge denied its request for a temporary restraining order, and the actions had moved forward.

While buses were offered to bring people to shelters, most did not take that option and simply moved elsewhere. The city says, however, that it has moved 152 people into shelters or permanent housing since August.

Many other places across the country have responded to increases in their homeless populations through similar tactics that simply criminalize them. But such efforts have been found to be costly without actually solving the root problem. Housing the homeless, on the other hand, comes with significant savings.

States of emergency were recently announced in two other places facing large homeless populations: Los Angeles and Portland, Oregon. In both of those cities, the declarations mean increased funding for housing subsidies and shelters as well as easing the way for building more affordable housing. Neither will focus on cracking down on the homeless.

GOVERNOR’S OFFICE NEWS RELEASE: Governor Ige signs emergency proclamation to address homelessness statewide

HONOLULU – Gov. David Ige today signed an emergency proclamation that enables the state to quickly funnel money toward the facilitation of: (1) rapid construction of a temporary shelter for homeless families; (2) the immediate extension of existing contracts for homeless services; and (3) an immediate increase in funding for programs that promote immediate housing.
State funds of more than $1.3 million were identified this month, paving the way for the emergency proclamation. The monies will serve an additional 1000 homeless individuals between now and July 31, 2016, providing increased funding for homeless services and programs that promote permanent housing for families and the chronically homeless.
The emergency proclamation will also facilitate the construction of a transitional housing facility for homeless families. The facility will be temporary and have a clear sunset date.
The state, city, federal governments and various service providers have worked together to place 158 individuals and 25 families from Kaka‘ako into shelters since the effort began in early August. That’s 54 percent of homeless individuals surveyed in Kaka‘ako in early August and more than 80 percent of the families surveyed.
“The lesson learned is that great things can be accomplished when we all work together. Despite the recent success of enforcement efforts in the Kaka’ako Makai area, homelessness remains a serious issue in every county throughout the state. We plan to replicate the Kaka’ako model as we work to address homelessness in communities across the state,” said Gov. David Ige.
“There’s still much work to do. Hawai‘i has the highest rate of homelessness per capita among the 50 states, with an estimated 465 homeless individuals per 100,000. The alarming increase in unsheltered individuals and families over the past two years is particularly significant on O‘ahu. This proclamation will expedite the state’s plans to help these individuals and families to more quickly transition to permanent housing,” said Scott Morishige, Governor’s Coordinator on Homelessness.

Governor issues emergency proclamation to address homeless crisis

Posted: Oct 16, 2015 2:22 PM PST Updated: Oct 16, 2015 3:05 PM PST

By HNN Staff

Video at http://www.hawaiinewsnow.com/story/30282619/governor-issues-emergency-proclamation-to-address-homeless-situation

GOVERNOR’S OFFICE NEWS RELEASE: Governor Ige signs emergency proclamation to address homelessness statewide

HONOLULU – Gov. David Ige today signed an emergency proclamation that enables the state to quickly funnel money toward the facilitation of: (1) rapid construction of a temporary shelter for homeless families; (2) the immediate extension of existing contracts for homeless services; and (3) an immediate increase in funding for programs that promote immediate housing.
State funds of more than $1.3 million were identified this month, paving the way for the emergency proclamation. The monies will serve an additional 1000 homeless individuals between now and July 31, 2016, providing increased funding for homeless services and programs that promote permanent housing for families and the chronically homeless.
The emergency proclamation will also facilitate the construction of a transitional housing facility for homeless families. The facility will be temporary and have a clear sunset date.
The state, city, federal governments and various service providers have worked together to place 158 individuals and 25 families from Kaka‘ako into shelters since the effort began in early August. That’s 54 percent of homeless individuals surveyed in Kaka‘ako in early August and more than 80 percent of the families surveyed.
“The lesson learned is that great things can be accomplished when we all work together. Despite the recent success of enforcement efforts in the Kaka’ako Makai area, homelessness remains a serious issue in every county throughout the state. We plan to replicate the Kaka’ako model as we work to address homelessness in communities across the state,” said Gov. David Ige.
“There’s still much work to do. Hawai‘i has the highest rate of homelessness per capita among the 50 states, with an estimated 465 homeless individuals per 100,000. The alarming increase in unsheltered individuals and families over the past two years is particularly significant on O‘ahu. This proclamation will expedite the state’s plans to help these individuals and families to more quickly transition to permanent housing,” said Scott Morishige, Governor’s Coordinator on Homelessness.

SEE ALSO http://humanservices.hawaii.gov/bessd/files/2012/12/PIT-Oahu-2015-PIT-Report-Rev-4.18.15.pdf  for City and County of Honolulu Homeless Point-in-Time Count 2015 Continue reading →

NOTES BY NORSE: The Santa Cruz City Council’s continues its hostility to basic homeless rights/  Its police and ranger continue ticketing for homeless survival behavior.  This has raised proposals that Freedom Sleepers and other protesters bring sleeping bags and blankets to the next City Council meeting and sleep indoors.

Last Tuesday at the 14^th Freedom SleepOut, Freedom Sleepers declared the sidewalks around City Hall a Safe Sleeping Zone and urged City Council and the City generally to do so. (Police rarely if ever give sleeping citations to those who bunk out on the sidewalks during the Tuesday protest night, though they regularly harass homeless folks elsewhere in town).

With harsh “El Nino” winter weather on the horizon and City Council poised to pass proposals to severely restrict or ban RV parking, the Freedom Sleepers spoke one after another at the 10-13 City Council meeting, urging (unsuccessfully) that the Parks Master Plan contain meaningful provision for homeless emergency rest and shelter.

Instead police continued to dog the peaceful protesters during the Council meeting and throughout the night, setting up the usual super-bright klieg lights, 4-man “security” patrols, closed bathrooms, expanded “no assembly” zones roped off during the Council meeting, $198 tickets for holding picket signs outside City Hall at night, and restricted parking to deter protest vehicles.

There has been no restored emergency shelter for the unhoused community and meals, bathrooms, and laundry facilities shuttered for the vast majority at the Homeless (Lack of) Services Center.

Will Santa Cruz demonstrators take inspiration from the Baltimore “Black Lives Matter” activists and simply lay down their gear and sleep inside the Council next meeting?  Do Homeless Lives Matter?  Not unless the outdoors and housed community takes action to make them matter.

FOR EXTENSIVE PHOTO COVERAGE AND COMMENTS GO TO:

http://www.abc2news.com/news/region/baltimore-city/kevin-davis-confirmed-as-baltimore-police-commissioner

Protesters stage overnight sit-in following Davis approval as police commissioner

Protesters refused to leave City Hall

WMAR Staff

9:40 PM, Oct 14, 2015

7:12 PM, Oct 15, 2015

BALTIMORE – Sixteen protesters were arrested after participating in an overnight sit-in at Baltimore City Hall following the approval of Kevin Davis as the city’s new police commissioner.

Davis was approved Wednesday evening by the executive appointments committee of the Baltimore City Council.


The last 30 minutes of the appointment hearing were taken over by the voices of a group of protesters who brought three demands to the proceedings:
1) The firing of Baltimore Housing Director Paul Graziano.
2) For officers to stop using excessive force against peaceful protesters.
3) To invest millions in alternatives to incarceration.

“One of the more fundamental problems is that the community doesn’t feel involved in the process,” said Adam Jackson, an activist and founder of the group Leaders of a Beautiful Struggle.

The group of protesters remained at City Hall well after the confirmation hearing to stage an “occupation” or a sit-in. The group, led by activist and community organizer Makayla Gilliam-Price, remained inside City Hall overnight.

She said police were barring the group from going to the bathroom and ordering food.
“It’s like they’re forcing us to choose our political voice over our survival,” Gilliam-Price said.
Around 11:45 p.m. Police department spokesman T.J. Smith said there were about 35 protesters who refused to leave City Hall.

“The protest remains non-violent. No arrests have been made,” Smith said in a statement.
Early Thursday morning, police escorted about a dozen people from City Hall and into police transport vehicles, many of them were wearing plastic handcuffs.
“As a direct result of their failure to comply, the remaining protesters have been arrested and charged with trespassing,” Baltimore police announced on Facebook.

Police said a total of 16 people, including three juveniles, were arrested. Those arrested are as follows:

• 27-year-old Gabriel James Dinsmoor of the 100 block of E. Lafayette Avenue.
• 19-year-old Tre Stephon Murphy of the 3300 block of Kenyon Avenue.
• 22-year-old Ralikh Hayes of the 600 block of N. Rosedale Street.
• 27-year-old Adam Joshua Jackson of the 3400 block of Powhatan Avenue.
• 38-year-old Matthew Warren of the 300 block of Old Trail Road.
• 22-year-old Daniel Nikita Lee of the 3900 block of Greenmount Avenue.
• 26-year-old Payam Sohrabi of the 4900 block of Dulton Drive, Columbia Maryland.
• 20-year-old Shaivaughn Fate Crawley of the 500 block of Fairrview Avenue.
• 27-year-old Christopher Allen Comeau of the 3000 block of Stafford Street.
• 21-year-old Hanifat Bimpe Bello of the 1300 block of Colbury Road.
• 18-year-old Mocca Verdel of the 500 block of W. Mosher Street.
• 23-year-old Kayla joy Ingram of the 1600 block of Darley Avenue.
• 38-year-old Kerridwen Eliot Henry of the 14000 block of Falcon Wood Drive, Burtonsville Maryland.
• A 17-year-old girl from Baltimore.
• A 16-year-old boy from Baltimore.
• A 17-year-old boy from Baltimore.

Each person arrested has been charged with trespassing, police said.

Davis’ appointment will move on to a full vote by the City Council at a later date.
City Councilman Nick Mosby did not support the approval of Davis as commissioner. In a statement, Mosby wrote:

“Mayor Stephanie Rawlings-Blake’s decision not to seek re-election means that the City will have new leadership beginning in January, 2017.  The new mayor and the citizens of Baltimore should not be saddled with $150,000 golden parachute for another police commissioner should the new mayor decide to bring in new leadership for the department.”

Davis said Thursday he has reviewed the groups demands and added that he has no problem meeting to discuss them- although he says not all were reasonable.

Davis said he’s always been accessible as a leader and he hopes to meet with the group within the next day.

The Associated Press contributed to this story.

Baltimore officer investigated for spitting on handcuffed man

By Shawn Price   |   Oct. 14, 2015 at 12:46 AM

Baltimore Police have suspended and are investigating a veteran police officer who appears in a cell phone video to spit on a handcuffed man.

BALTIMORE, Oct. 13 (UPI) — Baltimore police said they have suspended an officer and launched an investigation after the release of a video purporting to show the officer spitting on a handcuffed man.
In the video, Sgt. Robert Mesner, a 34-year veteran of the Baltimore Police Department, appears to be involved in a shouting match with a man as he arrests him Sunday.
An officer alleged to be Mesner said “You’re going to be Tased. You’re under arrest. Get down, man. You’re under arrest.” 
“Go ahead! Go ahead! Do it!” the other man said.
Then the officer handcuffs the man and seconds later, appears to spit on him. An off-screen bystander is heard yelling, “He just spit on him, he just spit on him.”
Tensions escalate before police tell people to move back.
“Our internal investigation progressed rapidly today with the review of available video and interaction with witnesses. The video appears to depict the police sergeant spitting on the arrestee,” Interim Police Commissioner Kevin Davis said.
“That is outrageously unacceptable and it directly contradicts the necessary community relationships we are striving to rehabilitate. The police powers of Sgt. Robert Mesner are now suspended, and a criminal investigation is underway. Our entire community deserves to be treated with dignity and respect,” Davis said.

Protests resume at Baltimore City Hall after 16 arrested, jailed for trespassing

Interim Baltimore Police Commissioner Kevin Davis said Thursday that arresting the demonstrators was “the last thing we wanted to do.”

By Doug G. Ware   |   Updated Oct. 15, 2015 at 8:00 PM

BALTIMORE, Oct. 15 (UPI) — Just hours after more than a dozen demonstrators were jailed for trespassing at Baltimore City Hall, over the tentative approval of the city’s new police commissioner, more protesters continued the rally Thursday morning.

Police said 16 people were arrested overnight Thursday — including three under the age of 18 — not long after the Baltimore City Council’s Executive Appointments Committee approved Kevin Davis as the new permanent police commissioner.

The full city council must now confirm Davis, who has been serving as the interim police commissioner, to the post permanently.

However, his occupying that office doesn’t sit well with some Baltimore residents, who argue that Davis is a questionable candidate due to a lack of experience. He has served as interim commissioner since July.

Demonstrator Lawrence Grandpre argued that Davis’ leadership has coincided with “a clear shift in tactics” by Baltimore police officers — who he believes have sometimes infringed on protesters’ First Amendment rights.

Grandpre has said Baltimore police, for example, are too quick to make arrests when people have a right to protest — an accusation Davis himself refuted.

The interim police leader told a local radio show Thursday that arresting the young demonstrators was “the last thing we wanted to do.”

“In a perfect world, they probably wouldn’t have stayed that long,” he added.

Davis was approved by the appointments panel Wednesday night — and although a contingent of supporters were present to applaud his leadership, several who feel he is not the right person for the job were ardent in their opposition.

One incident fueling the fire against Davis is a video that surfaced this week allegedly showing a Baltimore police sergeant spitting on a man being arrested. Davis called the video “reprehensible” and “disgusting.”

That officer has been suspended with pay pending the outcome of an investigation.

“Just when we’re making progress, it’s two steps back,” Davis said of his department’s efforts to win back public trust.

The video is the latest in numerous public grievances against the police department, which drew global outrage in April following the death of Freddie Gray — a man who died of severe injuries while in Baltimore police custody.

The demonstrators, many of whom were teenagers, decided to underscore their opposition by staying inside city offices after business hours. Multiple police officers, they said, ultimately threatened to arrest them if they did not leave.

The police department said after “hours of communication and warnings, a small number of protesters inside of City Hall decided to leave the building.” The rest, 16 in all, were handcuffed, taken to jail and charged with trespassing.

Grandpre, of Baltimore United for Change, was among the protesters who left without being arrested — but he returned, with a small contingent, later Thursday morning.

“The goal is to get our protesters out of jail,” said Grandpre, who also claimed that police turned away advocates who showed up at the jail with food for the demonstrators early Thursday.

Returning demonstrators asked the community for financial help for the arrested protesters, who were scheduled to appear in court later in the afternoon.

 

NOTES BY NORSE   It looks like Santa Cruz police, rangers, and city attorney are adopting the same deaf-to-reason, blind-to-compassion approach that Sarasota authorities use, as described in this mainstream article.  One woman at the Red Church reported tonight that police and rangers have begun using littering tickets instead of camping citations, under a state code which allows for arrests and jail to frighten homeless people into cleaning up areas and moving out.  She also reported railroad authorities using leaf blowers to harass homeless campers near the tracks.
Meanwhile the City Attorney’s office confirms that no sleeping ban citations were dismissed under MC 6.36.055 (the “get on a waiting list, get your camping ticket dismissed” provision) this summer.  That means hundreds of $157 citations went to court and then probably to “Failure to Pay” status with hundreds of dollars of extra fines added.   At the same time City Council declined to fund closing emergency shelter services (which were serving only a handful for shelter but more for food, showers, laundry, and bathrooms).  Santa Cruz city, the courts, et. al apparently have no decriminalization plan and should lose HUD funding (See “Local Officials Have Pushed To Criminalize Homelessness For Years. The Feds Are Starting To Push Back” at http://thinkprogress.org/economy/2015/08/18/3692251/homelessness-criminalization-doj-usich/ ).
Freedom Sleepers continue their spotlight on injustice tomorrow night at Santa Cruz City Hall (See “Freedom Sleepers 13th Community Sleepout ” at https://www.indybay.org/newsitems/2015/10/02/18778354.php .

Homeless sue Sarasota, police

Sarasota Police Officer Daniel Furner checks IDs of two homeless men at Centennial Park in Sarasota.
STAFF PHOTO / MIKE LANG

By Emily Le Coz

Published: Wednesday, September 30, 2015 at 8:01 p.m.

Last Modified: Wednesday, September 30, 2015 at 8:01 p.m.

SARASOTA – A lawsuit filed late Wednesday by six homeless men against the city of Sarasota, its police department and the police chief alleges cruel and unusual punishment in the enforcement of ordinances that criminalize sleeping outdoors and thus violate their Eighth Amendment rights.

They also allege that the city unfairly enforces its panhandling ordinance by restricting the practice to certain locations in violation of their First Amendment rights of free speech, specifically, to solicit charitable contributions in a public forum.

The men seek a court order banning the city from enforcing those ordinances, unspecified compensatory damages, attorneys’ fees and costs and any other relief deemed appropriate.

The complaint was filed on behalf of the plaintiffs by the American Civil Liberties Union of Florida in Sarasota County circuit court.

It’s the latest move in a years-long debate about Sarasota’s treatment of, and response to, the roofless residents who live in the city once named America’s meanest by the National Coalition for the Homeless.

City attorney Bob Fournier hadn’t yet seen the lawsuit but said he had anticipated it based on conversations with Michael Barfield, vice president of the ACLU of Florida. Fournier plans to discuss the matter with the City Commission on Monday.

“I expect the city and the Salvation Army to defend our practices vigorously,” said Doug Logan, Sarasota’s homeless services director.

At issue is Sarasota’s lodging ordinance, which prohibits individuals from sleeping outside on public or private property without the consent of the property owner. It also requires police to offer violators transportation to an available shelter. Those who accept the offer avoid arrest or citation; those who refuse face sanctions.

Police made four arrests and issued 175 complaint summons under the ordinance in 2014, and made one arrest and issued 50 summons so far this year, Police Chief Bernadette DiPino said.

“Our officers have offered every person they encounter resources and services, and they get turned down all the time,” DiPino said. “It’s not a crime to be homeless, but they can’t break the law.”

The lawsuit cites different numbers. It says Sarasota criminally prosecuted 192 individuals for lodging outdoors in 2014 and 62 so far this year. It also cited criminal prosecutions of individuals found in a park after hours — 139 cases last year and 40 so far this year.

In 2013, the lawsuit says, the city prosecuted 354 people for lodging outdoors and 127 for being in a park after hours for total of 882 people prosecuted under the ordinances since Jan. 1, 2013.

The lawsuit further alleges that police officers cite individuals even when the community’s primary homeless shelter, the Salvation Army, is full and can’t accept individuals.

But Salvation Army local Commander Major Ethan Frizzell said the shelter never refuses to lodge individuals brought in by police, even when they’re intoxicated.

The lawsuit claims current accommodations at the Salvation Army don’t meet the minimum standards for shelter and thus the city can’t reasonably enforce the ordinance.

The shelter can accommodate 260 people nightly. Some sleep on regular beds. The rest sleep on overflow mats arranged on the kitchen floor.

Those overflow mats, the lawsuit claims, exceed the shelter’s capacity as defined in its conditional-use permit issued by the city. It also says the kitchen and hallway where the mats are placed don’t provide adequate emergency ingress and egress, and that people sleeping on the mats don’t have the minimum 35 square feet of space required by city’s current zoning regulations.

“The Salvation Army does fantastic work, but they don’t have the resources or the facility to meet the needs of the chronic homeless,” Barfield said. “Until there’s a solution by the politicians, the city must stop with the criminal prosecutions. It’s morally and legally wrong for the city to use the criminal justice system to solve the problem. That practice doesn’t work because you can’t deter sleeping.”

Sarasota Fire Marshal John Reed said Wednesday that he recently visited the Salvation Army at the request of a concerned individual but that he won’t have any information about potential code and zoning violations until after a follow-up visit later this month.

For the city’s panhandling ordinance, the lawsuit claims that because it selectively bans the solicitation of donations based on location and other factors, it unconstitutionally singles out the homeless.

It notes that the city allows people to ask for charitable contributions or seek political support and questions the difference between that and someone asking for a personal donation.

An estimated 1,460 single homeless adults live in Sarasota County, which has a shortage of at least 1,187 beds to accommodate them, according to a November 2013 report by a consultant hired by the city and county, Robert Marbut.

Although they had initially collaborated on plans to address the community homeless population, city and county officials have been at odds to find a common solution.

The county wants to build a come-as-you-are shelter, ideally somewhere within the city where most of the homeless people congregate; the city wants to implement a “Housing First” solution that finds homeless people permanent lodging.

They are set to resume the discussion after two years at a joint meeting set for Nov. 6.

Barfield said homeless residents don’t have time to wait. They need relief now.

“I’m pleased the community is going to have these conversations,” Frizzell said. “It may be unfortunate they’re having them in a lawsuit.”

MORE COMMENTS AT http://www.heraldtribune.com/article/20150930/ARTICLE/150939964/2416/NEWS?p=4&tc=pg

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