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UID:Indybay-18655926
SEQUENCE:18727807
CREATED:20100812T114200Z
DESCRIPTION:The Permanent Injunction Trial of Anna Richardson and Miguel de Leon 
 resumes in the courtroom of Judge Tim Volkman with attorneys Jonathan 
 Gettleman and Marc Briscoe defending.\n\nIf City Attorney Barisone's costly 
 ($50,000-$100,000) targeting of two homeless musicians is successful, both 
 will face a perpetual threat of jail and fine if they fall asleep in the 
 downtown area at night or cover up with blankets there.\n\nCurrent law (MC 
 6.36.010) limits penalties to a maximum of $97 fine or 8 hours of community 
 service.   \n\nLast year under pressure from Councilmember Lynn Robinson's 
 allies in the Downtown Association, the SCPD, the Santa Cruz Neighbors, and 
 Take Back Santa Cruz, Barisone won an unusual "public nuisance" Preliminary 
 Injunction against the two that banned them from nightime sleeping in the 
 downtown area.  \n\nThis, even though sleeping is everywhere illegal for 
 the homeless in Santa Cruz and the city's Homeless Services Center 
 acknowledges there is no walk-in emergency shelter\n\nSee "Anti-Homeless 
 Injunction Against Two Street Musicians" at 
 http://www.indybay.org/newsitems/2009/05/29/18599000.php\n\nA costly 
 harassment hearing in April by Barisone, Sgt. Harms and his underlings 
 attempted to expand the Injunction to cover daytime sleeping by claiming 
 that the Richardson and de Leon were "setting up camp" when they fell 
 asleep next to their bedding in the downtown area.  \n\nSee"Homeless Couple 
 victorious against contempt charges" 
 at\nhttp://www.indybay.org/newsitems/2010/03/20/18642279.php\n\nThe couple 
 had refused to quietly accept verbal harassment, selective enforcement, and 
 misapplication of the Camping Ordinance by Officerss Harms, Forbas, and 
 Winston--assigned to target the two of them and harry them in the downtown 
 area.\n\nIn June, Barisone began a third action to make last year's 
 Preliminary Injunction a Permanent Injunction and to expand it in both area 
 and content.    See "City Attorney Barisone's Attack on 2 Homeless: 
 Sentinel Smear and Activist Response"\nat 
 http://www.indybay.org/newsitems/2010/06/17/18651014.php\n\nThe trial 
 resumes today after Barisone tried to call 23 prosecution witnesses--almost 
 all testifying that the two were caught "sleeping" outside the time and 
 territory banned by the Preliminary Injunction last year.\n\nCommunity 
 Action Board Shelter Project Director Paul Brindel will be testifying that 
 shelter space in Santa Cruz does not exist for the vast majority of 
 homeless people here--a fact known to the City Attorney, the SCPD, and the 
 courts, yet ignored in their campaign to "discourage" homeless presence in 
 public spaces.\n\nAlso important to the defense is testimony from 
 Richardson and de Leon themselves.  \n\nIF ANYONE KNOWS THESE TWO, PLEASE 
 ADVISE THEM THAT THE TRIAL RESUMES TODAY AT 9:30 AM AND THEIR PRESENCE IS 
 IMPORTANT.  Homeless people often lose touch with these legal 
 gymnastics--particularly when they are delayed and rescheduled--as happened 
 here.\n\nProtesters have been committing civil disobedience, violating the 
 Sleeping Ban nightly to spotlight the law's violation of the "Cruel and 
 Unusual Punishment" provision of the U.S. and State Constitutions in front 
 of the County Courthouse and now at City Hall.\n\nSee "Peace Camp 2010 
 Relocates from County Courthouse to Santa Cruz City Hall" at 
 http://www.indybay.org/newsitems/2010/08/11/18655889.php\n\nThe "Infraction 
 Intensification" law passed by City Council last month makes all infraction 
 citations after the third unattended one misdemeanors at the discretion of 
 the City Attorney.  This law goes into effect in a few days.\n\nSee "Nasty 
 new ordinance making Sleeping Ban Tickets misdemeanors" at 
 http://www.indybay.org/newsitems/2010/06/19/18651270.php .\n\nRichardson 
 and de Leon have offended the downtown merchants by continuing their 
 playing, socializing, and gathering downtown--and encouraging others by 
 their example.\n\nA general crackdown against activists trying to defend or 
 expand public use of public spaces downtown has seen the recent assault on 
 Wes Modes and the removal of the Drum Circle.\n\nSee "People v. Wes Modes: 
 Trying to Remove DIY from Santa Cruz: at 
 http://www.indybay.org/newsitems/2010/07/18/18654218.php\n\n& \n\n"City 
 runs off Drum Circle again, cuts down trees and cements AREA CLOSED signs 
 along levee" at 
 http://www.indybay.org/newsitems/2010/07/29/18654907.php\n\nThe trial is 
 open to the public.  I urge those who support a restoration of basic rights 
 to homeless people and the community's right to use public spaces to attend 
 the trial.\n\nPeaceCamp2010 activists will reportedly be there in 
 solidarity.\n https://www.indybay.org/newsitems/2010/08/12/18655926.php
SUMMARY:"Jail for Sleep" Permanent Injunction Trial Resumes
LOCATION:701 Ocean St. Dept. 4 in the Main Courthouse Building
URL:https://www.indybay.org/newsitems/2010/08/12/18655926.php
DTSTART:20100812T161500Z
DTEND:20100812T184500Z
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