Ed Frey responds to County Counsel

to: Rahn Garcia, Chief Deputy County Counsel
701 Ocean St. Ste. 505
Santa Cruz, Ca. 95060

re: courthouse sleepers

Dear Mr. Garcia,

I am responding to Jason Heath's letter of July 27th regarding the Courthouse Sleepers. In my brief conversation with him today, he told me he is leaving on vacation and that I should contact you instead.

Concerning th reason for locating the sleep-in at the Courthouse plaza, I chose that location for two reasons. First, that is where governmental power to apply Constitutional principles resides, and secondly the Santa Cruz County Superior Court in June, unilaterally postponed the three-judge appellate hearing in People v. Facer (Appellate case no. AP 001565) for three months beyond its originally scheduled hearing date., and the law's delay is intolerable here. At stake is a person's right to be left alone and free from cruel punishment when he or she is not guilty of any crime.

Mr. Heath would not answer my question as to whether County authorities will be taking any steps to obtain law enforcement action against those sleeping at the courthouse, but the County authorities are hereby notified that such enforcement action (whether carried out by City or County Peace Officers) will result in federal court civil actions against any and all governmental entities which sought such enforcement.

For far too long the City of Santa Cruz has ignored the fact that the necessity defense exonerates all sleepers automatically (unless shelter space is available, which is almost never the case). Despite this law, the peace officers, at the behest of merchants, are sent forth every night to breach the peace by waking up and hassling innocent sleepers. Infraction tickets are issued only rarely, but depriving the innocent person of peaceful sleep constitutes government-imposed punishment having an adverse impact on the sleeper's health. This mission of harassment serves the merchants' goal of keeping the houseless feeling stressed and unwelcome despite their innocence.

I urge you to read all three briefs in the Facer appeal before you or other County authorities decide to obtain such unconstitutional enforcement action. I would be happy to discuss these matters with you.


Yours truly,

Ed Frey

cc: District Attorney and City Attorney

tel (831) 479-8911 fax (831) 479-8174
2820 Porter St. Soquel, CA. 95073

Office of the County Counsel contacts Ed Frey

Local Attorney, and Peace Camp 2010 co-founder, Ed Frey, received the following letter faxed to his office on July 28, 2010. Ed had previously applied for a permit for Peace Camp 2010 but had been turned down because "We don't host events at night." Below is a transcription of the letter:

to: Ed Frey, Esq.
2820 Porter Street
Soquel, Ca. 95073

re: individuals camping out on the courthouse steps

Dear Mr. Frey,

The County has become aware of statements attributed to you in the Santa Cruz Sentinel indicating that he Santa Cruz Municipal Ordinances are not enforceable at the County Governmental Center (701 Ocean St). We want to dispose of any confusion concerning this. It is the County's position that the Santa Cruz Municipal Ordinances prohibiting camping ARE enforceable on County property located within the City of Santa Cruz, including the County Governmental Center. To the extent that you are representing the individuals currently camping on the courthouse steps, or acting as their spokesperson, we request that you notify them that they are subject to citation and subsequent prosecution for violating any of the City's municipal codes related to their activity. If you have any questions concerning this issue, please feel free to call me at 454-2049.

Sincerely,
Dana McCrae, County Counsel

but signed Jason M Heath, Assistant County Counsel