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UID:Indybay-18596078
SEQUENCE:18645651
CREATED:20090519T235400Z
DESCRIPTION:HOMELESS SLEEP IS NOW "A PUBLIC NUISANCE"\nComing back to court are Miguel 
 deLeon and Anna Richardson, charged by City Attorneys Susan and John 
 Barisone with being a "public nuisance".  \n\nOver the last 2 years, 
 Richardson and deLeon haven't dealt with about 30 tickets--most of them for 
 violating the 11 PM-8:30 AM Santa Cruz City Sleeping Ban (for which the 
 fine is $97).  \n\nThey now face Judge Burdick and the threat of an 
 Injunction which will punish them with immediate jail if they are found in 
 contempt of court for daring to sleep at night in Santa Cruz (or sit too 
 close to a building, be in a park after dark, etc.).\n\nAttorneys Jonathan 
 Gettleman and Mark Briscoe are defending them at their own 
 expense.\n\nRADIO DISCUSSION\nGettleman discussed the case on Free Radio at 
 http://www.radiolibre.org/brb/brb090326.mp3  (download and fast forward 
 about 1/4 of the way through the audio file).\n\nThe Sentinel's biased 
 story on the case can be found at 
 [http://www.santacruzsentinel.com/ci_11964700?IADID=Search-www.santacruzsentinel.com-www.santacruzsentinel.com.. 
  \n\nGettleman ia also scheduled to speak again on the case Thursday May 21 
 at 6:30 PM on Free Radio at 101.1 FM (www.freakradio.org).  Call-in at 
 831-427-3773 with questions or comments.\n\nELIMINATING CIVIL RIGHTS TO 
 PLEASE SHOPKEEPERS\nIn a bid to please the Downtown Association, the City 
 Attorney is moving unlawfully punish homeless people without shelter for 
 sleeping at night--a survival requirement.\n\nThe Sleeping Ban is bad 
 enough.  This new injunction amounts to a new sleeping ban without a trial 
 and without a requirement that guilt "beyond a reasonable doubt" be found 
 (the standard is the lower  "preponderance of the evidence").\n\nIt will 
 also allow the two to be jailed--something which the City Council, under 
 pressure from homeless activists--made illegal in 1999.  The 
 slightly-reforjmed Sleeping Ban still made survival sleeping illegal but 
 limited punishment to a $54 fine and/or 8 hours of community service.  The 
 fine has grown since then with court add-on's.  In February of this year 
 City Council passed a new law making 3 unpaid tickets a jailing offense.    
  \n\nGetting an injunction circumvents both laws, simply allowing judges to 
 jail the couple without a trial for sleeping.\nIf successful for the city 
 attorney, the case could set a dangerous precedent.\n\nCOME SHOW 
 SUPPORT\nGettleman has asked that the public come to the hearing to show 
 silent support for the couple.  He describes the proposed injunction as a 
 rare attempt to circumvent due process (the two haven't been found guilty 
 of the alleged offenses in criminal trials but are simply faced with 
 citations.\n https://www.indybay.org/newsitems/2009/05/19/18596078.php
SUMMARY:POSTPONED - Anti-Homeless Injunction Against Two Street Musicians
LOCATION:701 Ocean St.  Superior Court #4
URL:https://www.indybay.org/newsitems/2009/05/19/18596078.php
DTSTART:20090522T203000Z
DTEND:20090522T220000Z
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