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SEQUENCE:18917482
CREATED:20160621T190200Z
DESCRIPTION:A successful Tuesday Sleep-Out last week indicated growing support. Freedom 
 Sleep-Out #49 was mainly staffed by unhoused folks seeking shelter, 
 community, and a respite from the threat of Sleeping Ban tickets. See "As 
 Attendance Swells at Community Sleepouts, Freedom Sleepers Plan One-Year 
 Anniversary" at http://www.indybay.org/newsitems/2016/06/16/18787633.php . 
 \n\nIn Santa Cruz, sleeping outside, in a vehicle, or in any 
 non-residential structure, is a $150+ infraction crime (MC 6.36.010a). 
 Three such "crimes" unpaid in six months can mean a misdemeanor charge 
 punishable by up to a year in jail. Additionally a new condition can be 
 imposed making each and every future infraction of any kind (being in a 
 park after dark, smoking in a non-smoking area, sitting within 14' of a 
 building, bench, telephone, crosswalk, etc. on Pacific Ave) for the next 
 six months automatic misdemeanors. \n\nSleeping on the sidewalk at the 
 protest, in spite of its visibility and the many people doing it each 
 Tuesday night, has generally not resulted in Sleeping citations.  The 
 overwhelming majority of tickets were for "being in a closed area" (MC 
 13.04.011)--the administratively closed area of the City Hall grounds at 
 night to deter protests.\n\nSUPPORTING OTHER CITIES \nAs a frequent Freedom 
 Sleeper, Monterey Max spoke on behalf of homeless civil rights at a Salinas 
 Sleep-In Press Conference Monday. Salinas activists under the leadership of 
 Wes White have been sleeping out night in front of Salinas City Hall, where 
 nighttime sleeping and camping is not a crime, but setting down one's 
 survival gear during the day in public places is. He may be at the 
 Sleep-Out tonight in Santa Cruz. See "City of Salinas: Shelter is a Human 
 Right! " at https://www.indybay.org/newsitems/2016/06/13/18787482.php 
 \n\nJUDGE COVERS FOR COPS AT EVIDENTIARY HEARING, SETS TRIAL DATE FOR 
 FRIDAY \n'Bathrobespierre' Robert Norse faces a no-jury trial for two 
 counts of being on the City Hall courtyard grounds "after hours". See 
 "Freedom Sleeper Case Demands Police Release Video Records " at 
 http://www.indybay.org/newsitems/2016/06/16/18787630.php . \n\nJudge Paul 
 Marigonda, jocularly known in some quarters as Judge Marigouge-ah, upheld 
 City Attorney Gallogly's peculiar argument. Gallogly argued that any video 
 made by police was either destroyed immediately after (a violation of the 
 law, but ignored by the Judge) or that the videoing itself was not actually 
 done but really a "bluff" to keep the protesters on their best behavior. 
 \n\nSome watchers noted that Marigonda and Gallogly spent many minutes 
 privately conferring, and wondered if that kind of secret discussion might 
 not be improper. The judge dismissed the numerous photos of Sgt. Forbus and 
 other officers apparently videoing and/or photopgraphing (See 
 http://www.indybay.org/uploads/2015/08/20/sleep-out-22-santa-cruz-police-sgt-david-forbus-city-hall.jpg 
 ).  He refused to delay the trial, setting it for 10 AM June 24 in 
 Department 1. \n\nFRIDAY TRIAL MAY BE INTERESTING.   \nA bright spot in 
 Marigonda's SCPD-rubberstamping Hearing was the presence of at least seven 
 Freedom Sleeper supporters in the courtroom.\n\nNext Friday’s trial will 
 be heard by retired judge Sam Steven, whose record is reportedly less 
 hostile to activists than Marigonda’s.      \n\nOf particular interest to 
 the defense is the coincidental appearance of a new glass case displaying 
 City Council agendas, on the sidewalk just outside the City Council 
 courtyard.  This sudden appearance of a new location for posted agendas 
 followed the ticketing and arrest of Freedom Sleepers week after week.  
 Many of them told police they were in the courtyard and claimed the right 
 to gain access to the agendas--which was repeatedly denied.\n\nCalled to 
 account will be City Administrator/Clerk Bren Lehr, who presided over the 
 creation of the new display case in the fall of 2015, according to e-mails. 
   Another subpoenaed witness is Sgt. David Forbus, who may be able to 
 explain the disappearing video tape and photographs—which were supposed 
 to be preserved.   Apparently the “losing” of such key evidence is a 
 not a unique occurrence—as a key defendant in the PeaceCamp 2010 trial 
 noted the same thing happened to him [See "At the PC2010 trial a sheriff 
 testified, under oath, that their arrest video was 'lost'." at 
 https://www.indybay.org/newsitems/2016/06/16/18787630.php?show_comments=1#18787668.\n\nThe 
 outcome may also affect the citations and arrests of other Freedom 
 Sleepers, almost all of whom have either paid $198 fines, gone to trial 
 (and generally been found guilty), or let their tickets go to collection.  
 There is the prospect of a broader federal lawsuit for false arrest damages 
 if a "not guilty" comes out of this case.  Since the state Brown [Open 
 Meetings] Act requires access to the agenda display at night, it appears 
 the police were violating state law and improperly blocking Freedom 
 Sleepers from exercising their right to view the agendas.\n\nThe trial is 
 slated to start at 10 AM, but may start later due to judicial delays, 
 questionable out-of-sight conferences with the judge and a bloated docket 
 of drug war  and poverty-crime cases.\n\nUPCOMING MEMORIAL\nOn the horizon 
 is the one-year anniversary of the Freedom Sleepers with a special event 
 scheduled for July 5th.  On that Tuesday, the 52nd Sleep-Out, activists 
 plan a gathering, a march, a memorial for those who have died in the last 
 year, and a possible film showing.   To be followed by the usual night on 
 the sidewalk contesting the City’s Sleeping Ban.\n\nTo follow the history 
 of the Freedom Sleep-Out’s go to www.indybay.org/santacruz and click on 
 the Calendar button at the top of the page, then scroll back through 
 earlier weeks to read the Tuesday announcements.\n\nThis announcement 
 composed and is the responsibility of Robert Norse. \n\n 
 https://www.indybay.org/newsitems/2016/06/21/18787827.php
SUMMARY:#50--Freedom Sleepers Keep the Faith
LOCATION:On or near the Center of the City Government Beast at Santa Cruz City Hall  
 809 Center St. on the brick area and sidewalk along Center St. between 
 Church and Locust Streets
URL:https://www.indybay.org/newsitems/2016/06/21/18787827.php
DTSTART:20160622T000000Z
DTEND:20160622T120000Z
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