Is California's Lodging Law (647e) Constitutional?

Peace Camp 2010 on the morning of July 20th, before the Sheriffs began enforcing
647 (e). Photo by Becky Johnson

LINDA'S HEARING IS FRIDAY, November 12th, 10 AM in Dept 1
at 7o1 Ocean St. Santa Cruz County Superior Court

by Linda Ellen Lemaster
Monday Nov 8th, 2010 1:09 PM

Santa Cruz County's Superior Court hears Friday, Nov 12, Constitutionality of state Lodging law 647(e) used against demonstrating sleepers from Peace Camp 2010.

While I was attempting to support demonstrating homeless and other sleepers at PeaceCamp2010, I got a lodging ticket. So now am slated to appear in Superior Court Friday, November 12, at 10am to plea. Continued Arraignment? I have asked my Public Defender, Mark Garver, to ask for a court hearing to determine whether or not the lodging law is even constitutional these days. Am told I can demurer having to say "guilty" or "not guilty" until after this hearing.

While it is hard to imagine such an antique law being constitutional, use of similar cruel tools is spreading around the country, and especially "lodging" gets applied against homeless people. I feel this resumption of laws from the past is a form of retaliation against people for their status of being "homeless" and often without money or significant property.

Another concern I felt when I first GOT a citation for allegedly trying to sleep on cement: the legal words appear to be supportive of private property and it's agents, yet the presumed crime of "sleep" occurred on public property. I believe it was selected initially by PeaceCamp2010 creators because it could be a refuge, however briefly (PeaceCamp2010 lasted over 3 months but in two locations).

Consider witnessing this hearing to determine the constitutionality of California's Lodging law: Friday, November 12, 10 am. And join me if you want, I'll be "warming up" for it in the Court/County Bldg Atrium at 9:20am, or out on the same walkway PeaceCamp2010 occupied this summer if it's warm.

Let's talk. Lives are at risk by what unfolds. This story feels "incomplete" without mention of campers' totem, Porto Potty, but you'll have to show up to hear more.

Peace Camp 2010 ends protest phase, begins judicial phase

A homeless couple sleep together on the courthouse steps as part of Peace Camp 2010, a protest against the Sleeping Ban which criminalizes those who have no legal place in which to sleep at night. Photo by Becky Johnson July 12, 2010

by Becky Johnson
October 6, 2010

Santa Cruz, Ca. -- A note under the windshield wiper of the white, pick-up truck said it all. It said that the night of October 2nd would be the last night of the "protest phase" of Peace Camp 2010. Peace Camp 2010 founder and local attorney, Ed Frey, would no longer be bringing a porto-potty nightly to either City Hall at 809 Center Street in Santa Cruz, nor to the courthouse steps at 701 Ocean Street nightly between 8PM and 8:00AM.

"More than enough citations have been issued for multiple ordinances, including the new "trespassing" at City Hall citations," Ed Frey explained. " All three sections of MC 6.36.010 have been cited. And the State "anti-lodging" misdemeanor law have all been used, so we can now challenge them in court. We will continue to protest when and where it is needed, but there is no need for anyone to put themselves in harms way to intentionally be cited at this time."



On October 5th, Ed Frey appeared at 8:30 AM before Judge John Gallagher to represent Frank Lopez and Gary Johnson. But only Johnson's name appeared on the crowded docket. When called, Judge Gallagher expressed doubt as to why Johnson was on his docket at all, but did not explain why he was concerned. Gary Johnson faces a jury trial on October 18, 2010 at 10:00 AM in Dept 2 for his misdemeanor "lodging" on the courthouse steps last August.

Frey faces his own citations as well and is defending these pro per.

Frank Lopez of Peace Camp 2010 on the courthouse steps July 12th. Photo by Becky Johnson

But so far, the citations have not yet been filed, though in many cases, the 30-day time limit has long passed. Ed and defendant, Todd Hill, combed through the records at the Santa Cruz County Courthouse, but no record of Hill was in the county records.

From its inception on July 4th 2010 through October 2nd, Peace Camp 2010 provided a clean, well-lit (at times TOO well lit!) place to sleep each night using existing public spaces, and, with the presence of the porto-potty with hand-washing station, a hygienic and safe place for an estimated 1953 shelter/nights.

These people found safety in numbers, a welcoming atmosphere, a sense of belonging, mutual support, demonstrating for a good cause, and the comfort and sanitation of a bathroom at night. Peace Camp 2010 is not over. Just the demonstration/protest phase. Now our battle goes to court!!

Those wishing to contribute to the Peace Camp 2010 Legal Defense Fund may send donations to Ed Frey, 2820 Porter Street, Soquel, CA. 95073 or by calling his office at (831) 479-8911 to make arrangements.

Peace Camp 2010 protesters march to Santa Cruz police station

Camping ban protesters marched Tuesday from Santa Cruz City Hall to the lobby of the Santa Cruz Police Department where they attempted to retrieve all their property that has been confiscated from their camping sites. (Dan Coyro/Sentinel)


NOTE TO READER: After only three people had been processed, police pre-emptively shut down the office, ordering all those waiting in the lobby (and cooling off from record heat) out of doors. While police take blankets/property of homeless people 24/7, they only return it during a 1 hour time slot, two days a week leaving homeless people out in the cold without their survival gear. ---Becky Johnson, Ed.



FURTHER NOTE: The photo of the interior is a tribute to the (occasional) journalistic independence of Dan Coyro, the Sentinel photographer. Trisha Husome, records manager, came out from behind the thick glass enclosure in which the employees work. She told him and the rest of us that photographing and recording wee "not allowed" in the building (though police have a video camera monitoring the lobby).

Dan and Peacecamp2010 supporters, myself included, ignored Husome's repressive advisory. I'll be playing some audio of the protest which will be archived at http://www.radiolibre.org/brb/brb100826.mp3

Last year Husome actually refused to provide documents under the Public Records Act because I was openly making an audio of our interaction (because of past difficulties and to keep an objective record of what went down). See "SCPD Covering Up False Police Report From Councilmember Mike Rotkin?" at http://www.indybay.org/newsitems/2007/12/26/18468941.php

Not only were those homeless waiting for their property (and the public generally forced out of doors by four officers and a lieutenant ("lobby is closed"), but the police refused to give an explanation.

After Peacecampsters sat down (or lay down in the intense afternoon heat) to await the next 15 minute interval when the property officer would be "available", the police announced that the entire property room would be closed until next Thursday. When there would again be a narrow opening between 12:30 and 1:30 and another between 3:15 and 3:30. Unless the police again decide otherwise.

I did ask for the return of a table, two chairs, several "End the Sleeping Ban" signs, and the Peacecamp2010 teddy bear. I was told they couldn't help me because I had no "incident number". It did me no good to tell them the items weren't put in an incident report, as far as I knew. If anyone sees the downtown Officer Forbus, please advise him I'm trying to get my teddy bear released.
--Robert Norse

Camping ban protesters march to Santa Cruz police station
By J.M. BROWN
Posted: 08/25/2010 01:30:17 AM PDT

found online at: http://www.santacruzsentinel.com/localnews/ci_15886112



SANTA CRUZ --" A small group of demonstrators taking part in the protest against the city's overnight sleeping ban marched to the police department Tuesday in hopes of retrieving blankets, sleeping bags, signs and other items seized during recent arrests.

Participant Becky Johnson said at least two people were given paperwork to retrieve their property but wasn't sure whether any actually received it. Police confirmed some property was collected.

"We went there en masse and apparently overwhelmed their staff," Johnson said.

The police department allows people who have been arrested to pick up property during brief windows of time on Tuesdays and Thursdays. Due to cutbacks, the department only permits property pickup between 12:30-1:30 p.m. and 3:15-3:30 p.m. on those days.

No arrests or problems were reported during Tuesday's event. Johnson said there were no immediate plans to have another march Thursday.

Police arrested four people and issued 12 tickets outside City Hall between Saturday and 5 p.m. Tuesday. Protesters, who began their seven-week demonstration at the county courthouse lawn, are opposed to the ban against sleeping outside from 11 p.m. to 8:30 a.m., a law they believe unfairly targets homeless people.

They have asked police to check whether local shelters are full before writing citations and have vowed to stay until the City Council overturns the ban. The city attorney routinely dismisses citations if shelters were full on the evening of the day they were written.

"After failing to get traction at the county building, then failing again at City Hall, apparently the protesters are trying to gain traction at the police department," police spokesman Zach Friend said. "It's safe to say it's unlikely they'll get any traction here."

Camping ban protesters marched Tuesday from Santa Cruz City Hall to the lobby of the Santa Cruz Police Department where they attempted to retrieve all their property that has been confiscated from their camping sites. (Dan Coyro/Sentinel)

More Arrests for Santa Cruz Homeless Camp -- KION

FROM KION CENTRAL COAST NEWS

August 8, 2010
Report by Azenith Smith of KION

found online at: http://www.kionrightnow.com/global/story.asp?s=12945748

SANTA CRUZ, Calif. - The homeless camp in Santa Cruz is still going on, despite arrests over the weekend. Protesters aren't letting up without a fight and the Sheriff's Department is cracking down.

Sheriff deputies arrested people for violating a state code, California Penal Code section 647e, that makes it illegal to lodge on private or public property without permission from the owner.

Christine Nibheolain was one of the two arrested last night.

"I've never been arrested before," says Nibheolain, "I've never been in trouble before. I figure if I'm going to get arrested, it might as well be for something I believe in."

Nibheolain spent eight hours in jail. The Ireland native joined the homeless camp four days ago, since she says, the shelters are full.

"I'd rather be here illegal and under the lights and know that I'm safe," says Nibheolain.

Like the rest of the homeless camp, she's out there to protest the city's camping ban. It makes it against the law to sleep on public or private property from 11 p.m. to 8-30 a.m.

"I was pretty sure when I came to America that sleeping under the stars at night," says Nibheolain. " wasn't going to be a huge problem and I wouldn't be breaking a law for doing it."

The Santa Cruz County Sheriff's Department say, they started making arrests after getting dozens of complaints from county staff and visitors.

"Complaining about human feces, the trash, public inebriation, loose dogs, foul language, we've had reports of people finding needles," says Lt. Gretchen Hurley.

And they don't plan to stop anytime soon.

"If there's continued violation, there will be continued enforcement," says Hurley.

Camp Organizer Becky Johnson says more arrests could potentially put a stop their protest.

"It's possible that we might decide to end this particular effort and move onto another strategy, and continue our pressure tactics on the city of Santa Cruz," says Johnson.

But, Nibheolain doesn't plan to quit. Despite the arrest, she plans to be out there again.

"It's more likely I'll be here, but I won't be sleeping," says Nibheolain. "But I'll be here for a couple hours."

Central Coast News spoke with Santa Cruz Mayor Mike Rotkin who says, he was surprised the Sheriff's office took so long to arrest people, and he's glad that they have finally taken action to remove what he says is a nuisance to the community.

Arrests made, citations issued at Peace Camp 2010 as deputies bust up the protest of city's camping ban

by Alia Wilson

August 7, 2010

found online at: http://www.santacruzsentinel.com/ci_15704659

SANTA CRUZ - Deputies rousted Peace Camp 2010 just after midnight Saturday and according to homeless activists arrested five people and handed out multiple misdemeanor citations.

Up to 60 people have been camping out in front of the county government building since July Fourth protesting the city's camping ban, which prohibits sleeping on public or private property from 11 p.m. to 8:30 a.m. Saturday's Sheriff's visit marks the third time deputies have been to the camp late at night to document the names and the number of people there, taking photos and video.

Sgt. Roy Morales of the Sheriff's Office returned a phone call Saturday morning to say he was aware some arrests were made but had no information on how many people were arrested or what they were arrested for. He said he thought they would issue a press release later in the evening.

"We cited some people and took a few to jail," Morales said "but I don't know how many."

Around 12:15 a.m., deputies woke up the nearly 40 people sleeping outside the courthouse to inform them they were in violation of the state's anti-lodging law California Penal Code section 647 section e, according to Peace Camp co-founder Becky Johnson. The law states it is illegal for anyone to lodge in any building, structure, vehicle, or place, whether public or private, without the permission of the owner.

"They went very methodically from person to person waking everyone up, photographing them and asking for their names and IDs," Johnson said. "I don't know who invoked this section of the penal system. We're looking at 20-25 cases of 647e potentially in the Santa Cruz County court system."

According to Johnson, deputies first came to the Peace Camp to hand out a flier that stated: "You are lodging here without permission of the owner or the person entitled to control this property therefore you are not entitled to be here."

The flier says nothing about violating the city's camping ban. Citing the state's lodging code is a tactic not previously deployed by law enforcement.

"I have not heard of anyone being cited for that in this area for several years," Johnson said.

About an hour later, deputies returned and cited those still there alerting them if they did not leave, they would be arrested. Those who did not leave were arrested a short time later, Johnson said. That amounted to five arrests, by her count, one for refusing to sign the citation and another for an outstanding warrant for petty theft.

Johnson, who was at the courthouse camp for a couple of hours this morning, said there were about a dozen people there who planned to stay and sleep and "fully expect the sheriff to come back and fully expect to be arrested."

Johnson said she was surprised that law enforcement was using the state penal code to break up the camp because the misdemeanor charges will require public defenders be assigned to the indigent homeless folks who were cited and potentially result in jury trials.

All photos by Bill Lovejoy at the Santa Cruz SENTINEL Aug 7 2010

"Troublesome and Unpleasant" Protest may face crackdown....or not

Santa Cruz camping law applies to demonstration at county courthouse, officials say

By Jennifer Squires

Posted: 07/29/2010 01:30:57 AM PDT

found online at: http://www.santacruzsentinel.com/localnews/ci_15628303

SANTA CRUZ -- The legal loophole that has allowed dozens of protesters to camp in front of the county courthouse for more than three weeks closed Wednesday when city and county officials determined the city's camping ban applied to the county property because it falls within city limits.

However, it remained unclear how the ordinance would be enforced.

"I think what they're going to do is notify all the folks and encourage them to move along," said county spokeswoman Dinah Phillips, who issued a statement Wednesday saying the city's no-camping ordinance would be enforced.

But sheriff's deputies were still formulating a response and city police said it's not their call.

"Why would we go? It's the county's property," Deputy Santa Cruz Police Chief Rick Martinez said. "We're not going to take action on our own on their property."

Demonstrators called the announcement a "scare tactic."

"It's not going to work," camp spokesman Christopher Doyon said. "We're not going. We're not afraid."

The demonstration, which protesters call Peace Camp 2010 and which is led by homeless advocates Robert Norse, Ed Frey and Becky Johnson, kicked off July Fourth and has continued unabated on the county-owned swath of land in front of the courthouse.

Sheriff's deputies enforce laws on county property, and there is no county ordinance that prohibits camping on that lawn. City law bans sleeping in public places from 11 p.m. to 8:30 a.m.,

but the initial thought was that Santa Cruz ordinances didn't apply to the county's territory. So the camp has grown from an overnight sleep-in to a 24-hour hangout while government officials, law enforcement officers and legal experts sort out what rules apply to the property.

Santa Cruz Mayor Mike Rotkin said that city laws apply to county property that falls within Santa Cruz city limits, and there has been a long-standing agreement that sheriff's deputies would provide law enforcement outside the courthouse and county building.

After several meetings with county and city officials, "all parties now agree" that county authorities can enforce city codes on their property, Rotkin said. In fact, he said sheriff's deputies always have had the right, as does the California Highway Patrol or any other police agency, to enforce city laws.

Rotkin was clear, however, that the push to enforce the camping ban now -- 24 days after the camp was established -- didn't come from the city.

"Nobody from the city is putting pressure on anybody about this," Rotkin said. "We have enough on our plate."

The atmosphere at the camp-in was calm Wednesday afternoon. Someone brought the protesters burritos, doughnuts and coffee, and the "traditional Santa Cruz Wednesday drum circle" was under way, according to tweets from the so-called Peace Camp 2010.

Word that they might be ousted from their camp didn't surprise demonstrators.

"There were several of us who figured that, that the laws are applicable here and they can cite us," said Doyon, 45, who is homeless. "We were prepared for that."

But, he said, sheriff's deputies have told him they have no intention of breaking up the camp, a place that Doyon said has given some homeless people the first safe night's sleep they've had in months.

On Tuesday, sleep-in participants marched to City Hall to demand the City Council revoke the city's no-camping law. The arguments were presented during oral communications, which allows comments on any topic, and the council took no action.

"I saw the fear of God in Mike Rotkin and Ryan Coonerty," Doyon said. "We definitely made our presence known. I think we're getting a lot of traction on this, and we're going to keep up the pressure."

Doyon said demonstrators will not leave voluntarily.

But court employees think it's time for the demonstration to go.

Labor unions are considering filing complaints about employees' work environments because of the camp-in. Employees working late or on weekends have reported more people inside the county building and courthouse who don't have authorization to be there.

Tim Newman, spokesman for the local court branch, said the protest has gotten more troublesome and unpleasant. While it hasn't blocked access to the courthouse or the adjacent county building, Newman said the demonstration seems to be beyond the control of the peaceful activists who launched it.

"It's seeming to attract a different element," he said. "We've had fights out there between campers."

Someone urinated on a trash can and one camper was arrested for public intoxication. The demonstration also accumulates a lot of trash, there's been some drug use and, on Tuesday, someone brandished a lead pipe, Newman said.

"People have the right to represent their views," Newman said, "but at some point I think some order needs to be restored out there."

Sheriff's deputies and city police are working on a plan to address the problems created by the camp, according to a prepared statement by sheriff's Lt. Craig Wilson. He said the area isn't designed for camping and lacks appropriate facilities, which creates health and safety concerns. Also, people are complaining about the demonstrators.

"We understand their rights," Sgt. Dan Campos of the Sheriff's Office said. "We also have some responsibility to the community."

City attorney John Barisone has agreed to help prosecute campers, should they be ticketed and taken to court, said Martinez with the Santa Cruz Police Department.

However, there is no time line to take action, according to the Sheriff's Office.

"Hopefully we can get this thing resolved sooner or later," Martinez said. "It's really going to come down to us working together."

Tenacious Peace Camp braces for what comes next

by Becky Johnson
July 27, 2010

Santa Cruz, Ca. -- In what has become an amazement even to themselves, Peace Camp 2010 is still happening, having completed its twenty-third night on Monday night. And not a single citation has yet to be issued. "We're trying to keep a handle on things here," offers one of the Camp's organizers, "Curbhugger" Chris Doyon, "but it's like herding cats." Doyon and others each take a four hour shift to guard the porto-pottie left each night by local attorney, Ed Frey.

Mayor Mike Rotkin, interviewed by KSBW Television, told interviewer, Phil Gomez "I must say that what's happening at the County Bldg. certainly proves my point that I've been making for decades, now. If you give people any ability to camp out of doors, it will expand to a level where you won't be able to handle it."

But is that the case? On July 4th, 3 activists slept out with six homeless people making the number sleeping there the first night as nine. Then following night, thirteen slept out. On July 6th, 20 slept out. On July 7th, 30 slept out. On July 8th 27, slept out. But on July 9th, only 20. On July 10th, 21 slept out. July 11th, 24 slept out. July 12th, 22 slept out. July 13th, 29 slept out. July 14, 27 and one kitten slept out. July 15th, 18 humans and 1 kitten and one dog. On July 16th, 28 slept out. On July 17th, 28 people, 1 kitten and 1 dog. July 18th, 27 people, 1 kitten and 1 dog. July 19th, 31 people, 1 kitten and 2 dogs. July 20th 26 people, 2 dogs, and 1 kitten. July 21st, 33 people, 1 dog and 1 kitten. July 22nd, 30 people and 1 dog. But on July 23rd, the number jumped to 45 people, 1 dog and 1 kitten. July 24th 47 people. July 25th, there were 55 people, 1 dog, and 1 kitten. On the night of July 26th, 52 people, 4 dogs, and 1 kitten. So far Peace Camp 2010 has provided a total of 662 shelter/sleeping spaces by utilizing existing public facilities and augmenting this with volunteer labor and a donated porto-pottie providing a clean, well-lit area for legally sleeping for an average of 29 people per night.

The census for Peace Camp 2010, taken every night, does show that the numbers are increasing, but not steadily. It appears that there is a core group of about 30 people who regularly sleep there with a fluctuating population of both travelers and young people. The biggest jump in numbers was triggered by police sweeps along the river levee which drove a number of displaced people to the courthouse steps from another part of the City.

Max, Danny, and Brian arrived as refugees from one of those sweeps. "They told us that anything we left behind would be destroyed," they told HUFF members. "We're glad we're here. Last night I had the best night of sleep I've had in a long, long time," Danny said.

But along with the street kids, several chronic alcoholics have also arrived with their debris, noise, and unsteady gaits. While Peace Camp 2010 asks that participants refrain from using alcohol or hard drugs while on site, there is no way to prevent those who come from using. Even at 3AM, a rowdy group of drinkers, new to the site that night, talked and bellowed long into the night disturbing the sleep of dozens who slept there.

Internal frictions have also arisen. A group of homeless hoarders has alienated itself from the rest of Peace Camp and has set up on the little traffic island in front of the courthouse. Despite no longer being part of Peace Camp, they still utilize the porto-pottie. A pregnant woman who had found housing briefly, was back again last night. She looks as though she is very close to delivering. Another woman went by ambulance to the hospital and came back in a cab the same day. "They just don't have any better place to put me," she said.

Blankets remain in short supply with a few who come in late at night with nothing to keep them warm. HUFF members help out as much as they can, but there never seems to be enough.

Are homeless people from Maine to Florida, to Los Angeles, to Seattle arriving daily to sleep on the courthouse steps?? In a word: no. But those who've been moved along from various parts of town are finding their way to the steps, and finding a warm welcome: something they forgot exists for them.

On Sunday morning, the parking lot quickly filled with cars as thousands participated in the annual Wharf to Wharf race. Suddenly, a long line formed at Ed's Porto-pottie, as the runners lined up to empty their bladders prior to the race.

"I'd have liked to have accomodated them" Chris told HUFF, "but the porto-pottie was already badly in need of service and I had to lock them out explaining that it was there for the folks who were sleeping out with us. There were some tense moments." Chris ended up calling Ed Frey who drove down and removed the porto-pottie ending the standoff.

"Those people got a little taste of what it's like for us all the time, trying to find a place where we can use the toilet. This time the shoe was on the other foot."

Ed Frey talked with HUFF members and campers and determined that with the increased use, the solution is simply to have it serviced more often.

Mayor Rotkin claims this increase was "inevitable" and predicted by him "for decades" but in the end, it appears that Peace Camp 2010 is serving the same number of people Rotkin had no problem leaving out in the cold for decades and the major influx coming from the City driving folks from other areas of the City. I could "predict" what I am doing too.

Peace Camp 2010 demo enters 3rd week on courthouse steps as county officials weigh their options

Peace Camp demonstration enters third week on courthouse steps as county officials weigh their options

By Jennifer Squires

Posted: 07/21/2010 01:30:17 AM PDT

found online at: http://www.santacruzsentinel.com/ci_15564485

SANTA CRUZ -- Four people sit together playing bongos and a tambourine while a puppy lounges nearby.

A man wearing a bolo hat rollerblades in tight circles as tie-dyed fabric hanging from a tree flutters in the breeze.

Several people tucked into sleeping bags snooze, but the man who hung his hammock from the handrail has taken off.

No, it's not a summer music festival. This was the scene in front of the Santa Cruz County Superior Courthouse just before noon Tuesday, where demonstrators have been sleeping nightly since the Fourth of July to protest the city's camping ordinance in what they call Peace Camp 2010.

"This is a humanitarian issue," said Christopher Doyon, a 45-year-old homeless man who has been participating in the protest for about two weeks. "Folks have a right to sleep."

Demonstrators are protesting the city's camping law, which prohibits sleeping outside between 11 p.m. and 8:30 a.m. But the protest is squarely on county property and county code does not list the courthouse property among locations designated as no-camping zones like Paradise Park and Carbonera Creek.

Although the city's "sleeping ban," as opponents have dubbed it, has been a point of contention for years, frustrations hit a high mark earlier this summer when police said a man set fire to the city attorney's office because of the law. The city also is pursuing a permanent injunction against a homeless couple repeatedly ticketed for camping downtown.

A measure recently approved by the City Council allows the city attorney to increase ignored municipal code citations to misdemeanors.

But more than two weeks into the demonstration, city police have taken no action and don't intend to, unless the protest moves off county property, Santa Cruz Deputy Police Chief Rick Martinez said.

So the so-called Peace Camp, which includes 30-50 campers a night, presents a conundrum for city and county officials.

Some would like to see demonstrators move on. For example, court spokesman Tim Newman said the protest hasn't caused problems for the county court branch, but he was concerned campers may have impeded people's ability to access the local justice system.

However, in the 17 days since the protest began, the campers haven't caused significant problems. Trash cans fill up faster and sometimes the aroma of marijuana floats through the air, but the camp has its own portable toilet to mitigate issues with human waste, officials said.

"It looks like a slumber party," said county spokeswoman Dinah Phillips, who can see the protest from the window of her office in the county building. "They line their sleeping bags up."

Still, county officials spent much of Tuesday afternoon in meetings discussing the demonstration.

"We are keeping an eye on it, and we're evaluating our possible responses," Phillips said. "At this point, I don't know what actions we might take, but we're looking at them, evaluating them."

Demonstrators said Tuesday they have no intention of leaving. What had been billed as an 8 p.m. to 8 a.m. sleep-in has grown to a daylong hangout in what protesters have deemed the Peace Garden, a tranquil sitting area in front of the courthouse and surrounding lawn. And the demonstrators have a Twitter account to alert supporters of any attempts to end the protest.

Beyond drawing attention to the plight of homeless people in the city, organizers said the demonstration has given people a safe place to catch a few winks. Doyon said some fellow campers have told him staying on the courthouse lawn allowed them to have their first safe night's sleep in weeks or months.

"We have everybody coming here," said homeless advocate Becky Johnson, who helped organize the protest. She said the campers include the chronically homeless, travelers stopping in for a night, and a younger crowd that parties until 2 or 3 a.m., then comes by to crash.

One elderly, ailing woman joined the campers after sleeping on the San Lorenzo River levee, where she lived in fear of being raped or robbed. The woman, who uses a cane to get around, now sleeps with friendly faces at the courthouse, Johnson said.

Doyon said the group hopes their demonstration will lead local government officials to establish a safe, legal place for the homeless to camp.

"We've got fantastic support," said Doyon, dressed in mismatched camouflage gear and sporting a reddish beard and shaggy hair. "We're going to be relentless."

Phillips said county officials have not opened a dialogue with the group and don't plan to discuss moving the camp to another, more permanent location because the county already funds homeless services.

"Again, we're somewhat puzzled at the fact they have an issue with the city ordinance and we don't know why they're here on county property," Phillips said. "We wish they'd take this issue back to the city where it belongs."

All photos: Dan Coyro, SENTINEL July 21 2010

13 Sleep for Justice on the Santa Cruz County Courthouse steps to End the Sleeping Ban

by HUFF Photo: SENTINEL Dan Coyro "Orbit settles in"

July 6, 2010

Santa Cruz, CA. -- At 8PM on July 5th, Congressional candidate, ED FREY, pulled up his white, pick-up truck pulling a small trailer with a porto-pottie attached for the second night in a row of a nightly protest/sleep in before the Santa Cruz County Courthouse. The first night, nine homeless people slept out of doors in plain public view in direct violation of MC 6.36.010 section "a", also known as the Sleeping Ban.

On July 5th, 13 slept out, 4 more than the night before. Lying beside homeless advocate, ROBERT NORSE, read out loud from a book about the history of free speech in the US courts. One woman, who had slept the night before, expressed gratitude at having a safe place to sleep. "I really didn't want to be out there by myself last night," she told HUFF activist, BECKY JOHNSON. On this night, she placed her sleeping bag under the eaves as a steady drizzle rained down from above. "And can you give me a large, black plastic bag too? The one I was using broke."

Further down near the lower steps, two homeless men carried on an animated conversation on the existence of God. One man, a devout Christian promoted God while another man, an atheist, assured him that there is no God, and that the suffering they were currently experiencing proved it. Both shared a single cigarette they had "recycled" from the ashtray.

On the HUFF table, a petition to end the Sleeping Ban sat, along with voter registration forms and ED FREY's signature gathering petition to qualify for the November ballot. But it was too dark to read them or sign anything. And as the drizzle became heavier, NORSE packed everything up and stowed it beneath the table. Considerably less useless was the delicious tomato bisque soup there courtesy of JOE SCHULTZ which, as more people wandered in throughout the night, was gratefully supped along with tortilla chips. From unknown donors, tubs of cottage cheese and bags of cheese popcorn appeared on the table, offered to anyone who wanted them.

Well after midnight, a drunken homeless man staggered in. He was helped up the steps by the Christian and the aetheist who sat him in a chair (for his own safety) and fed him some hot soup. He quieted down, and minutes later, he looked visibly relaxed. A Santa Cruz Police car rolled through the parking lot slowly around 2 AM. Many bodies were silent, wrapped in blankets and sleeping bags ---some under tarps out in the open mist, and others sheltered under the eaves. The police car flashed its lights on the sleepers but rolled past slowly without stopping. It did not return.

As morning dawned, BECKY JOHNSON stumbled sleepily out of her car, where she had slept, and was greeted by ROBERT NORSE with a copy of the Santa Cruz SENTINEL. On the front page was a story by SENTINEL writer, KIMBERLY WHITE in which VICE-MAYOR RYAN COONERTY said that the City Attorney automatically dismisses any citations handed out for illegal camping, provided there is proof that all available beds at all available shelters around the City are full.

NORSE asked why the police don't just check each night before they go out on patrol to see if any beds are still available before waking people up, doing a warrant check, moving them along, or issuing them a citation. The answer was obvious. They are being punished PRIOR to trial, as a matter of policy, and quite intentionally.

HUFF plans to set up again tonight at 8PM, and every night until the City suspends ticketing under the Sleeping Ban. In a sop to the recent damage from a fire set in a recycling barrel in front of City Attorney John Barisone's office, HUFF will be accepting donations tonight to pay for BARISONE's $50,000.00 front door.

HOMELESS UNITED FOR FRIENDSHIP & FREEDOM

309 Cedar St. PMB 14B -- Santa Cruz, Ca. 95060

(831) 423-HUFF

www.huffsantacruz.org

Local attorney and Congressional candidate, Ed Frey can be contacted at (831) 479-8911

Sleeping Ban Protest in Santa Cruz

Sleeping Ban Protest in Santa Cruz

Story by Azenith Smith
KION TV

(view article online to see video interview with Becky Johnson and Ryan Coonerty)

Posted: Jul 04, 2010 6:13 PM PDT Updated: Jul 04, 2010 10:54 PM PDT

Video Gallery

found online at: http://www.kionrightnow.com/global/story.asp?s=12754892

SANTA CRUZ, Calif. - Signs are posted all around town from the Homeless United for Friendship and Freedom. That stands for HUFF. They are a grassroots organization, and they are inviting the community tonight to bring their sleeping bags to protest a "sleeping ban."

"We sleep comfortably and safely in our beds," says Johnson. "We don't even consider it, but homeless people are denied that right by law."

Becky Johnson is camping overnight in the protest and says, she's willing to go to jail, if it brings attention to what she calls, a violation of human rights..

"Fifty-five homeless deaths last year, a new record for Santa Cruz county," says Johnson. "Denying people the chance to sleep at night, does impact their health."

She argues the city doesn't have adequate shelter space.

"Tonight we have shelter for six percent of our homeless population," says Johnson. "Police are writing 60 citations a month."

"We are happy with the law and will continue to enforce the law," says Santa Cruz Vice Mayor Ryan Coonerty.

The city has had the ban for the last 40 years for safety reasons.

"If we undid the law, it would undo public support for the many services we provide for homeless people to help them get out of poverty," says Coonerty.

He's frustrated with the timing of this event.

"We need all our law enforcement officials up and down the coast, dealing with fireworks and other illegal activities," says Coonerty.

The group plans to keep it peaceful and will camp out every night until the city suspends the ordinance or sets up a legal place to sleep at night.

The group held a similar event in 2007, where they camped out for six days. It ended after police started confiscating belongings.

The city says, the event shouldn't disrupt courthouse services.

Peace Camp at Santa Cruz County Courthouse beginning July 4th

July 2, 2010

PEACE CAMP at SANTA CRUZ COUNTY COURTHOUSE beginning July 4th

Santa Cruz, Ca. -- HUFF has voted to endorse a "Peace Camp" on the courthouse lawn beginning at 8PM on July 4th. In a City where the government has declared war on poor and homeless people using police to harass them for sitting down, begging, or for sleeping at night, and where shelter space available for homeless people is limited to 8% of the population.

In this atmosphere of oppression and criminality, local attorney and candidate for Congress, Ed Frey, who is defending homeless defendant, Robert "Blindbear" Facer against two sleeping ban tickets, with his appeal to be heard this coming September, announced "Homeless people can't wait until September to sleep!" Frey told HUFF "We need to act pro-actively. Peoples' very lives are at stake." The Peace Camp will be held nightly from 8PM to 8AM until the City of Santa Cruz suspends the Sleeping Ban or creates sufficient safe and legal shelter for those who are in need.

LOCATION: 701 Ocean St. Santa Cruz, Ca. 95060

For more information call: ED FREY --- 831 479 8911

or call Homeless United for Friendship and Freedom (HUFF) at 831 423-HUFF

or e-mail Becky Johnson at becky_johnson222@hotmail.com

The SENTINEL's Misguided Mission --editorial

NOTE TO READER: Tonight, July 8, 2010, there are exactly 46 shelter spaces (32 for men, 14 for women) available for temporary, emergency shelter for a homeless person walking in off the street. The estimate of 1500 homeless people, while fluctuating on a day to day basis, is generally agreed upon by the City, Service providers, and activists. A study which "proves" shelters are "only 84% full" misrepresents the reality of the situation. Only families in remission from drugs and alcohol can use the family shelter. Only working single adults with income can use the Page Smith Transitional housing program. Only battered women can use the battered womens' shelter. Others have difficult requirements such as the Jesus, Mary, and Joseph shelter, where clients are expected to maintain a vow of silence.

Claiming that there are "400 shelter beds" in the City of Santa Cruz is either due to gross neglect during the research phase for this editorial or it's meant to purposely mislead the public. And coming from the "newspaper of record" for Santa Cruz County, it is shameful. ---- Becky Johnson of HUFF

As We See It: Misguided mission

-

Posted: 07/08/2010 01:30:37 AM PDT

found at: http://www.santacruzsentinel.com/opinion/ci_15463624

Homeless advocates have set up camp at the County Government Center for four days now. They argue the so-called sleeping ban in the city of Santa Cruz, which outlaws camping in the city, in cars or under the stars, between 11 p.m. and 8:30 a.m., criminalizes homelessness and denies those on society's margins the most basic of human rights.

It's a tired argument we've heard before, especially in Santa Cruz, where city leaders are hardly down on the downtrodden.

It's a nice picture the activists paint, that those struggling to put a shelter over their heads should be able to pitch a tent in some out-of-the-way spot, spend the night and move along. But it's not reality.

There are problems inherent with homeless campers: the human waste left in the neighborhoods and parks, the trash.

That protesters have a portable toilet on hand and stress they are picking up litter seems a tacit admission that the complaints that invariably accompany homeless campers are valid. Are organizers planning to haul a toilet to every illegal camp site in the city?

The city of Santa Cruz, and this community as a whole, is as compassionate as any when it comes to dealing with the homeless.

There are hundreds of beds and numerous programs aimed at helping the homeless. City officials estimate that through city programs and a partnership with area churches, there are at least 400 beds available each night, and a recent report found the shelters averaged about 84 percent capacity.

The city attorney, meanwhile, will dismiss any citation handed out for illegal camping provided all available beds at the various shelters around the city were full at the time.

So what do the activists want? They say they will remain until the city scraps the sleeping ban or creates a safe and expanded shelter.

That's simply not going to happen.

Protests are by their very nature publicity grabs. We traffic in them and understand they can serve a valuable purpose -- to shine light on an underreported issue. It's just that this one seems especially poorly thought out.

Protesters wanted a showdown with city officials, but in setting up on county property, they chose one of the few spots around the city where the county Sheriff's Office holds jurisdiction. That means the roughly one dozen campers are actually not in violation at all, at least of a camping ordinance.

Activists might want to move this one along.