This morning's Sentinel article on the latest ratcheting up of police pressure at Peace Camp 2010 has some significant errors---several of which I address here. The Squires story covers police harassment and whitewash over the weekend through Monday morning. It follows my comments, for those interested.
The "services offered" do not include shelter--except for 48 people in the Paul Lee Loft--which has a 4-6 week waiting list according to Daniel White.
White told me this in front of three witnesses and gave this information as his sworn testimony in Judge Volkman's court last Thursday at the end of the Richardson/de Leon Permanent Injunction Trial.
Deputy-Chief Vogel is mistaken on two counts. The City's Sleeping Ban (MC 6.36.010a) doesn't have any provision for dismissing citations if the summer shelters are full (only if the Winter Armory Shelter is full during the Winter).
But the judges recognize that the California Supreme Court in the Tobe & Eichorn cases required local courts to allow a "defense of necessity" in any camping case. This is a complicated and lengthy defense that consumes court time and money--which essentially boils down to "there was no shelter that night".
The court is required to allow it under MC 6.36 (the city ordinance) and PC 647e, the state "anti-lodging" law. San Diego police are no longer allowed to enforce that code at night under the Spencer settlement, following in the wake of the L.A. Jones decision overturning the L.A. Sleeping Ban.
Santa Cruz is spending lots of time and money citing, arresting, jailing, and trying people instead of acknowledging the shelter emergency and addressing it directly. Or allowing homeless people to address it themselves.
Abusive behavior, littering, urinating and defecating, despoiling the environment are already crimes. Enforcing laws against sleep or "lodging" is a futile and costly practice that is still likely to result in a successful lawsuit against the City and County.
Time for a new approach. The number of homeless people is growing because of the economy.
The folks at Peace Camp 2010 are determined to stay. 2 more arrests and 3 more citations only provoked indignation and a defiant if sleepy return to sleeping bags and blankets.
Jennifer Squires needs to do some research of her own. Visit the Homeless Service Center and ask how many beds are actually available tonight, last night, tomorrow night, last month, next month.
The answers she will learn probably won't stop her from swallowing Zack Friend's press releases whole, but maybe she can season them with a few relevant facts.
For anyone interested the Homeless Service Center's Board of Directors has its monthly public meeting Thursday night at 5:30 PM out at the HSC.
Police use state anti-lodging law on protest of city camping ban
by Jennifer SquiresSANTA CRUZ --" The ongoing protest of the city's no-camping ordinance at Santa Cruz City Hall drew complaints from patrons of the Cabrillo Music Festival during the weekend, while police continued to arrest or ticket those involved with the sleep-in on the lawn of the city government complex, police reported.
Officers went to the demonstration nightly. Three people, all with addresses at the Homeless Services Center on Coral Street, were arrested. Of the three, one woman was jailed on an outstanding warrant and two men were arrested on suspicion of violating a state anti-lodging law, according to police spokesman Zach Friend.
Five other people were cited during the weekend, Friend said.
Deputy Santa Cruz Police Chief Kevin Vogel said officers sometimes are citing or arresting people under the state law instead of the city ordinance. He said officers began doing so after consulting with the city attorney late last week.
It wasn't clear when officers would use the state law over the municipal code, or why one would be more appropriate than the other.
The state anti-lodging law is a misdemeanor prosecuted by the District Attorney's Office, while the a violation of the city ordinance goes to traffic court to be handled by the city attorney and, often, is dismissed if the person cited can show there were no beds available at the shelter the night he or she was ticketed. Vogel said an anti-lodging law violation does not have the same amnesty clause.
Complaints about the protest are starting to come in. City employees have expressed concern about people smoking outside city offices, a violation of the city's no-smoking ordinance, Vogel said. During the weekend, a Cabrillo Music Festival attendee told police that demonstrators were shouting profanities, but declined to sign a complaint, Friend said. The music festival was held at the Civic Auditorium, across the street from City Hall and the Peace Camp 2010 protest.
Peace Camp 2010 started July Fourth on the steps of the county courthouse. Demonstrators, who are protesting a city ordinance that prohibits camping between 11 p.m. and 8:30 a.m., stayed there largely undisturbed for more than a month while officials sorted out which laws applied to the protest and who should enforce them. The courthouse grounds are county-owned and patrolled by sheriff's deputies.
Deputies about 10 days ago started citing and arresting Peace Camp participants, whose numbers topped 50 each night, under the state anti-lodging law. A small group of demonstrators moved to the City Hall lawn to better target the city ordinance, which they want city leaders to repeal, after several nights of deputies coming to the courthouse protest while the majority of Peace Camp participants abandoned the effort.
Demonstrators have said there is not enough shelter space for the area's large homeless population. City leaders and homeless advocates have responded that people aren't taking advantage of the services offered.
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