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Indybay Feature

A Victory for the Homeless in Fresno

by Mike Rhodes (MikeRhodes [at] Comcast.net)
Homeless residents of Fresno won a victory today in Federal court. A temporary restraining order was issued that stops the City of Fresno from taking and destroying homeless peoples property. Under this ruling, the city is prevented from using their bulldozers to destroy encampments, like the one below (this photo was taken in May 2006).
600tentcity.jpg

A Victory for the Homeless in Fresno
By Mike Rhodes

The City of Fresno was issued a temporary restraining order (TRO) today that will stop them from seizing and destroying poor peoples property. The practice of attacking homeless encampments, like the one in the photo above, was challenged in a lawsuit filed on Tuesday, October 17. See: http://www.indybay.org/newsitems/2006/10/17/18321050.php for background on the lawsuit. The hearing today was before judge Oliver W. Wanger in the United States District Court, Eastern District of California.

The lawsuit, filed by the Lawyers’ Committee for Civil Rights, the ACLU of Northern California and the law firm of Heller Ehrman, LLP says that clothing, medication, tents and blankets, as well as irreplaceable personal possessions, such as family photographs, personal records and documents have been destroyed by the City of Fresno in these raids. Paul Alexander, with the Heller Ehrman law firm argued that without a TRO, the City of Fresno was likely to continue these attacks that result in the taking and destruction of homeless peoples property.

In arguments before the court this morning, Alexander said that the Fresno Police Department had lined up homeless residents last Wednesday (October 11,2006) and told them they were going to return and destroy their property. He cited a declaration from Fresno Police Department Captain Greg Garner stating that they have had complaints about the homeless in that area but they have not acted yet. Alexander stated that Garner’s declaration does not say they won’t return and destroy the homeless peoples property, it says "we have not acted yet."

The judge asked Fresno City Attorney Jim Betts about their "found property procedure." Betts said the city does have a policy but that he did not have it available. Both Wanger & Alexander said it was unlikely that the written policy would allow for the immediate destruction of peoples property by the city. Alexander cited the Pottinger case ( see: http://osaka.law.miami.edu/~schnably/pottinger/pottinger.html ) in Miami that specifically addressed the issue of the confiscation of homeless peoples property by the police. A recent case in Los Angeles was also cited as evidence that the police do not have the right to take and destroy homeless persons possessions. Alexander said California civil code 2080 states that if the police take a citizen’s property they must give the owner every opportunity to recover them. Items must be stored for at least 90 days.

Judge Wanger said that he did not think the police should be put in the position of deciding what was valuable property or not. He said "one man’s treasure is another man’s junk." City of Fresno Attorney Jim Betts made two points; these incidents are not happening on city property and they are only responding to residents complaints.

Betts claimed the homeless were illegally camping on private property and that they (the city) have received numerous complaints. He argued that the city always gives written and oral warnings when a "clean up" is about to take place and that they work with the Poverello House and Rescue Mission to make sure the homeless know when the next attack is coming. Betts argued that the city’s response was compassionate.

In arguing against the issuance of a TRO, Betts said it "would unduly burden the city to the point that they would not be able to respond to property owners complaints." Judge Wanger said that the 4th and 14th amendments to the U.S. constitution and state law protect citizens from having their property taken and destroyed without due process and that sometimes those rights will cost the city money, in this case for storing confiscated property. The judge did not say that the city could not take homeless peoples property, but that they can’t immediately destroy it. Issuing the TRO, Wanger said "the court does find that the property rights, shelter, clothing, ID, and other items justify the intervention."

Betts then asked the court if the homeless could be made to post a bond to insure against damages incurred by the TRO, if the city ends up winning the case. Judge Wanger pointed out that the homeless have no resources to post a bond and that the public interest would be served by waiving the bond. Wanger said a court date would be set to hear arguments for the preliminary injunction on the week of November 5.

There were several homeless people in the Federal Courtroom, when the TRO was issued. They were all excited to have won a victory in this struggle for their civil rights. As news of the TRO spread to the homeless encampments in downtown Fresno, it brought hope and encouragement to those who have suffered by the city’s relentless attacks.

Community activists and the homeless are organizing a series of events to draw attention to conditions in Fresno. Those actions are listed below:

Saturday, October 21
4 PM
PRAYER CIRCLE (at Fresno City Hall)
Join us in a circle of prayer to raise City Hall’s conscience on how their "quality of life" ordinances allows the police power to target and abuse people

5:30 PM
RALLY
Support the homeless at the new Tent City to be located at the steps of Fresno City Hall.

7 PM
TESTIFYING
Listens to people testify why they are homeless, listen to their stories of how the police abused them with the blessings of city hall

8 PM
MUSIC, POETRY, AND SPOKEN WORDS
All are invited to participate! FOOD NOT BOMBS FOOD!

9 PM
ALL NIGHT VIGIL ON THE STEPS OF CITY HALL
Candles, prayers, and dreams for justice and shelter for the homeless

Sunday, October 22
11 AM
SPIRITUAL SERVICE AT TENT CITY
"G" and Monterey, Fresno : Join our brothers and sisters in prayer to stop homelessness in this land of richness.

Sunday, October 22
3 PM
MARCH from THE JUSTICE CORNER to the Stop Police Brutality event (which starts at 5 PM). Bring, noise makers, wear black, March for justice (Fresno and C Streets).

Sunday, October 22
5:00 PM
Stop Police Brutality. It isn't only about Joaquin Figuerora! Spoken word, march, vigil at the corner of N street and Mariposa in Fresno across the main library. Bring pictures of victims, drums, candles, song, poetry. WEAR BLACK . For more information contact Gloria Hernandez e-mail iwapgh@aol.com , message phone 559 497-0633 / 559 268-2261 or see http://october22-ny.org/national/

§FPD Officer with Shopping Cart
by Mike Rhodes
600dsc_0086.jpg
Fresno Police Department officer Rey Wallace fights with community activist Liza Apper as he attempts to destroy this shopping cart and all of the possessions inside.
§Another Shopping Cart Bites the Dust
by Mike Rhodes
600dsc_0097.jpg
City sanitation workers throw another shopping cart in the back of a garbage truck. All photos by Mike Rhodes
Add Your Comments

Comments (Hide Comments)
by oaktown old boy
Considering all the understandable complaints about the police "stealing" property from the homeless, it's strange that in each of the photos here we can see property that the homeless have stolen from supermarkets, i.e., shopping carts. So is it "stealing" if the police take away what the homeless people stole in the first place? Or are homeless people special, in that they have a license to steal (as long as it's from someone else, of course)?

Those of you who are complaining about the police "stealing" back stolen shopping carts, how would you feel if a homeless person had stolen an item of similar value from you? A guitar, say, or a boom box or digital camera? Would you then be up in arms if the police tried to back it back from the poor homeless person and return it to you? Would you demand that the homeless person be allowed to keep your stolen property because "he stole it fair and sqare"? If not, you're a shameless hypocrite.
by homeless advocate
The process of destroying the homeless peoples property also destroyed the shopping carts. The Pigs (I'm sorry The 'Peace Officers') Tossed the entire shopping cart into the garbage trucks to be crushed.
The issue here is; Is this legal? And apparently a Federal Judge from a very conservative area doesn't think so.
by luci
in some cities, shopping carts are given to homeless people. i imagine it's possible that some stores might even sell or give away their old carts (otherwise, do they just go to the dump?) when they are upgrading.

Also, technically, the stores wouldn't have been able to buy the carts if people didn't shop at the stores, and i would guess that the homeless people (at least the ones who get some sort of ssi or disability) probably shop there pretty regularly.
by Christi
I grew up in California, and am always amazed at the ways of authorities when dealing with homelessness. I remember the up-stir in Santa Monica because homeless people had set up temporary shelter, as well as in Los Angeles under a freeway overpass. There was even a project called Genesis 1, in which shelters were temporarily issued to homeless people.

Now, living in the heavily treed areas of Oregon, I realized that there are much better ways of dealing with homelessness, and it isn't by taking the last of what a person has. I don't understand how someone can be so emotionless when even taking the last blanket a person owns, and hearlessly destroying it in a garbage truck while onlookers stare at the tragedy. I can't say that I'm shocked, because I'm not. Just reminded of the uninspired and inhumane ways of those with even a taste of authority.

Even the people of old had simpler and kinder ways of dealing with the "outcasts" of society, by allowing them to set up camp outside of the city. At the very least, there was a place for them to go, and all reality - to live and place a shelter over their heads. Give them some dignity, and some credit for taking actions to keep themselves sustained. I'm sure we could all learn lessons of simplicity and use of the land around us from these people who have been stripped of everything they own . . . again.
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