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Santa Cruz More Reactionary Than L.A. Towards Homeless?
HUFF sent the following letter, drafted by Becky Johnson, to Vice-Mayor Ryan Coonerty. The letter seeks to understand why Santa Cruz declines to abide by the 9th Federal Court of Appeals decision in the Jones case. The Court found that LAPD action criminalizing the L.A. homeless for sleeping at night on Skid Row was "cruel and unusual punishment ."
Homeless United for Friendship & Freedom
309 Cedar St. PMB 14B
Santa Cruz, Ca. 95060
http://www.huffsantacruz.org
(831)423-HUFF
or 479-9291
to: Vice-Mayor Ryan Coonerty
re: continued enforcement of MC 6.36 in a shelter emergency
November 5, 2006
Dear Vice-Mayor Ryan Coonerty,
The City of Santa Cruz this winter will have emergency drop-in shelter for less than 160 of its 1500 - 2000 homeless residents. MC 6.36 makes it illegal to get caught asleep on any public property or even in your own legally parked vehicle between 11PM and 8:30AM. To cover up with bedding during this time, or to set up a protective tent against the rain---EVEN IF THERE IS NO SHELTER AVAILABLE-- are also prohibited.
The 9th Circuit Court of Appeals found in April that the enforcement of a Los Angeles law banning sleep at night violated the Constitutional provision against cruel and unusual punishment. Los Angeles has responded by suspending night-time ticketing of the homeless population in skid row. The San Diego City Attorney faced with a similar lawsuit, has asked the police not to cite homeless people at night. Both City Attorneys were motivated by simple financial concerns that their cities are financially vulnerable given the federal court's decision.
HUFF is seeking a definitive statement from the City Attorney of Santa Cruz regarding enforcement of MC 6.36 at night given the Federal court ruling. Is Santa Cruz going to continue to cite homeless people for the act of sleeping, staying warm with a blanket, or sheltering themselves from the rain at night in violation of the court order?
Or is it the City's position, that since Santa Cruz law allows sleeping during the day, it is constitutional to ban sleeping at night? Does forbidding night-time sleeping or staying warm with a blanket at night constitute cruel and unusual punishment?
Even existing shelter cannot be used by many homeless people.
For example, Craig Canada, a homeless man in Santa Cruz, attempted to use the facilities at the National Guard Armory only to be turned away because he is a medical marijuana patient. He was then cited for sleeping out of doors. There are others as well, who HUFF is working with, who are considering their options of filing suit against the City of Santa Cruz. We hope this is not necessary.
Please contact City Attorney John Barisone and determine what the official policy is, given the 9th Circuit Court of Appeals decision, regarding citations at night in a situation where inadequate shelter exists for sleeping, keeping warm, or keeping dry.
HUFF has a standing position that these ordinances are cruel, costly, counter-productive and should be suspended or abolished. The City of Santa Cruz' Homeless Issues Task Force came to a similar conclusion in 2000 (but was ignored by the City Council). What is different now, is the courts appear to be on our side.
I look forward to hearing from you.
Sincerely,
Becky Johnson of HUFF
Homeless United for Friendship and Freedom
309 Cedar St. PMB 14B
Santa Cruz, Ca. 95060
http://www.huffsantacruz.org
(831)423-HUFF
or 479-9291
to: Vice-Mayor Ryan Coonerty
re: continued enforcement of MC 6.36 in a shelter emergency
November 5, 2006
Dear Vice-Mayor Ryan Coonerty,
The City of Santa Cruz this winter will have emergency drop-in shelter for less than 160 of its 1500 - 2000 homeless residents. MC 6.36 makes it illegal to get caught asleep on any public property or even in your own legally parked vehicle between 11PM and 8:30AM. To cover up with bedding during this time, or to set up a protective tent against the rain---EVEN IF THERE IS NO SHELTER AVAILABLE-- are also prohibited.
The 9th Circuit Court of Appeals found in April that the enforcement of a Los Angeles law banning sleep at night violated the Constitutional provision against cruel and unusual punishment. Los Angeles has responded by suspending night-time ticketing of the homeless population in skid row. The San Diego City Attorney faced with a similar lawsuit, has asked the police not to cite homeless people at night. Both City Attorneys were motivated by simple financial concerns that their cities are financially vulnerable given the federal court's decision.
HUFF is seeking a definitive statement from the City Attorney of Santa Cruz regarding enforcement of MC 6.36 at night given the Federal court ruling. Is Santa Cruz going to continue to cite homeless people for the act of sleeping, staying warm with a blanket, or sheltering themselves from the rain at night in violation of the court order?
Or is it the City's position, that since Santa Cruz law allows sleeping during the day, it is constitutional to ban sleeping at night? Does forbidding night-time sleeping or staying warm with a blanket at night constitute cruel and unusual punishment?
Even existing shelter cannot be used by many homeless people.
For example, Craig Canada, a homeless man in Santa Cruz, attempted to use the facilities at the National Guard Armory only to be turned away because he is a medical marijuana patient. He was then cited for sleeping out of doors. There are others as well, who HUFF is working with, who are considering their options of filing suit against the City of Santa Cruz. We hope this is not necessary.
Please contact City Attorney John Barisone and determine what the official policy is, given the 9th Circuit Court of Appeals decision, regarding citations at night in a situation where inadequate shelter exists for sleeping, keeping warm, or keeping dry.
HUFF has a standing position that these ordinances are cruel, costly, counter-productive and should be suspended or abolished. The City of Santa Cruz' Homeless Issues Task Force came to a similar conclusion in 2000 (but was ignored by the City Council). What is different now, is the courts appear to be on our side.
I look forward to hearing from you.
Sincerely,
Becky Johnson of HUFF
Homeless United for Friendship and Freedom
For more information:
http://www.huffsantacruz.org
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Last night I spoke at the Scotts Valley City Council against a proposed new sleeping ban. I had no pre-conceptions of changing the minds of the Scotts Valley City Council – they were going to pass this ordinance regardless of any public comment. I learned one thing. The council may be insane. More important, homeless people are being blamed for all of societies’ ills. More and more the “homeless” are being lumped together, considered and treated the same. Its pure good old fashion racism. It is nothing new, but it is getting worse.
The homeless are veterans, fathers, mothers, conservatives, liberals, mentally ill, battered, disabled, terminally ill, poor, drug users, alcoholics, happy , sad, good people, bad people and abused people, just like everywhere, homeless or not. Some homeless want to live a life outside of the norm, whatever the norm is. The majority of those that choose to live outside the norm take no services and are largely responsible good people. There are always exceptions. Humans are not perfect whatever class you put them into to.
Drug addiction is considered a disease – but if you catch it, they put you in prison. One out of every 136 people is now in jail or prison, 70% for drug charges.
Large populations of our county feel the homeless are now the cause of the rise in crime, rape, child molestation, drug abuse and all the pollution in the rivers. They are responsible for tourism problems, lack of business and the economy. It is all there fault. They could all change if they wanted.
This is the mentality I hear more and more as homelessness rises. It was certainly evident at the Council meeting.
I truly fear the tactics we will see used as the divide between the rich and poor widens. Sleeping Bans may seem tepid compared to what may come if the Jones Decision fails and people do not start demanding change now. Demanding means more then simply going to a council meeting or holding up a sign. We need to fight this tooth and nail. This will take the courage of the community to come together and be willing to fight this, even if it means getting a ticket or going to jail.
One council member commented saying, “private property owners should consider clear cutting” The mayor shook his head stunned. However, he would also have his moment of insanity.
Nearly every council member said this law would do little to help either the problem of camping or the problem of homelessness itself. Somehow, they felt it a “stepping stone” they needed to pass, at the beginning of winter -- less then a month before Christmas. It was also made clear – further action would most likely occur in the future.
At the end, for a brief moment, the new Mayor did try to think of other solutions - asking his advisors about available areas where people can tent etc. then, just as he began to almost make a little sense, he paused and said “you know, people who want to just live free and camp can, they have places for them.”
A few of us laughed wanting to know where this “fantasy camp ground” is, because I would like to go.
Sleeping bans aimed at the homeless are unethical, immoral and unconstitutional.
We should judge our society on how we treat our most vulnerable and poor.
Fuck the Sleeping ban! Its time to stop asking and begin demanding.
The homeless are veterans, fathers, mothers, conservatives, liberals, mentally ill, battered, disabled, terminally ill, poor, drug users, alcoholics, happy , sad, good people, bad people and abused people, just like everywhere, homeless or not. Some homeless want to live a life outside of the norm, whatever the norm is. The majority of those that choose to live outside the norm take no services and are largely responsible good people. There are always exceptions. Humans are not perfect whatever class you put them into to.
Drug addiction is considered a disease – but if you catch it, they put you in prison. One out of every 136 people is now in jail or prison, 70% for drug charges.
Large populations of our county feel the homeless are now the cause of the rise in crime, rape, child molestation, drug abuse and all the pollution in the rivers. They are responsible for tourism problems, lack of business and the economy. It is all there fault. They could all change if they wanted.
This is the mentality I hear more and more as homelessness rises. It was certainly evident at the Council meeting.
I truly fear the tactics we will see used as the divide between the rich and poor widens. Sleeping Bans may seem tepid compared to what may come if the Jones Decision fails and people do not start demanding change now. Demanding means more then simply going to a council meeting or holding up a sign. We need to fight this tooth and nail. This will take the courage of the community to come together and be willing to fight this, even if it means getting a ticket or going to jail.
One council member commented saying, “private property owners should consider clear cutting” The mayor shook his head stunned. However, he would also have his moment of insanity.
Nearly every council member said this law would do little to help either the problem of camping or the problem of homelessness itself. Somehow, they felt it a “stepping stone” they needed to pass, at the beginning of winter -- less then a month before Christmas. It was also made clear – further action would most likely occur in the future.
At the end, for a brief moment, the new Mayor did try to think of other solutions - asking his advisors about available areas where people can tent etc. then, just as he began to almost make a little sense, he paused and said “you know, people who want to just live free and camp can, they have places for them.”
A few of us laughed wanting to know where this “fantasy camp ground” is, because I would like to go.
Sleeping bans aimed at the homeless are unethical, immoral and unconstitutional.
We should judge our society on how we treat our most vulnerable and poor.
Fuck the Sleeping ban! Its time to stop asking and begin demanding.
For more information:
http://www.humanityforhomeless.blogspot.com
ttp://www.indybay.org/uploads/2006/10/22/sentinelphotographer.jpg
this is a picture of the victims of USCS's emergency response team in October, 2006 being photographer by a Sentinal photog who is laughing about it
this is a picture of the victims of USCS's emergency response team in October, 2006 being photographer by a Sentinal photog who is laughing about it
For more information:
http://www.indybay.org/newsitems/2006/10/2...
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