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Indybay Feature

Thaw Out the Snowman: Demo and Meal Noon at City Attorney's Friday the 22nd

by Robert Norse (rnorse3 [at] hotmail.com)
Gather and gobble at 333 Church St. Friday noon in front of the City Attorney's office (across from the City Council parking lot and down from the Civic Auditorium). The goal: to ask Barisone to recommend what the LA City Attorney and Police Chief have done--suspend sleeping ban tickets so people can sleep safely in some part of the city.

Text of a flyer to be uploaded soon:



Freezing Winter Nights? Heat Up the Struggle !

Roast the Frosty City Attorney !
Stop Ticketing Homeless Sleepers !

No Shelter? No Ticket ! Sez the 9th Court of Appeals
Report Sleeping Tickets and Police Harassment !

A Ninth Circuit Court decision last April in the case of Edward Jones vs. City of Los Angeles halted enforcement of its municipal ordinance 41.18(d), which prohibited sitting, lying, or sleeping on public sidewalks in the Skid Row section of the City.  The ruling stated that arresting the homeless under 41.18(d) constituted cruel and unusual punishment. The Southern California ACLU baked the suit, originally filed by Carol Sobell of the National Lawyer’s Guild.

Santa Cruz City Attorney John Barisone, Mayor Emily Reilly, and Vice-Mayor Ryan Coonerty have refused to direct police to stop winter enforcement of the Santa Cruz City Sleeping, Blanket, and Camping Bans (MC 6.36.010).

Winter nights have dropped below freezing. There is emergency shelter for less than 160 of the City’s 1500-2000 homeless residents. Two homeless men have died within the last two weeks. The City’s cruel policy violates the recommend-ations of its own Homeless Issues Task Force and its Commission for the Prevention of Violence Against Women. And still cops write $90 tickets.

NOON Friday December 22nd
Speak Out, Chow Down, & Petition Signing
333 Church St. across from the City Council Chambers
on the sidewalk in front of the City Attorney’s Office


Frost-fighting Food by Shake-Up Chefs Joe Schultz + Tim Rumford
Music by SAFE (Streetperformers Against Foolish Enforcement)
Update by Civil Liberties Attorney Catnip Kate Wells !
Overview by long-time activists Steve Argue & Thomas Leavitt !
Report any tickets or trouble. Call 423-4833 with details.
Call Free Radio Santa Cruz (427-3772) to expose police misconduct!

Flyer by HUFF (Homeless United for Friendship & Freedom) and HRO (Human Rights Organization)
HUFF: http://www.huffsantacruz.org 423-4833 HRO: http://www.humanrightsorg.org 425-4467 12-18-06
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by buddy4all
If you are interested in protecting homeless people, I suggest setting up teams of two people who would be assigned an evening where they would "patrol" the city in areas where homeless people might be sleeping. They could make sure that people are safe and also act as a witness if any police attempt to cite or harrass homeless people who acting peacefully and are just trying to stay warm and sleep.

This might take some organization, but it seems like there are a lot of people of goodwill. If there were enough people, they would only need to commit to one evening a month.
DEMONSTRATE AGAINST THE SLEEPING BAN FRIDAY
at CITY ATTORNEY JOHN BARISONE'S OFFICE!

333 Church St. at NOON


In April of 2006, the 9th Circuit Court of Appeals ruled that Los Angeles camping ordinance was "cruel and unusual punishment" in that it criminalized Sleeping and using blankets at night.

MC 6.36.010 (section a) a.k.a. the Sleeping Ban outlaws sleeping at night between 11:00PM and 8:30AM ANYWHERE out of doors or in a vehicle, but ONLY AT NIGHT, the time when people customarily sleep.

City Attorney John Barisone is well-aware of the 9th Circuit Court's decision yet is STILL advising the City to continue enforcement which is putting the City at risk of a major lawsuit and continues to treat homeless people cruelly in a City with inadequate shelter.*

HUFF has documented that the City continues to cite and arrest homeless people in Santa Cruz for sleeping or staying warm with a blanket at night in defiance of a ruling they don't like.

John Barisone is negligent by failing to inform the City Council of the liability of further enforcement. Should a homeless person DIE (as Robert Wagner did in front of the Mayor's office in December of 2004) while being denied the ability to sleep or stay warm, the City is likely to face a costly wrongful death suit and the scorn of future visitors for being such an inhumane City in a shelter emergency.

DEMAND THAT BARISONE ACT TO SUSPEND ENFORCEMENT UNTIL SUFFICIENT SHELTER IS AVAILABLE!!

HUFF, the HUMAN RIGHTS ORGANIZATION, & Humanity for Homeless are sponsoring the demonstration.

Please call 423-HUFF for more information.



* Vice-Mayor Ryan Coonerty recently confirmed in a letter to HUFF on Dec. 10, 2006 that the City of Santa Cruz has inadequate shelter for its homeless population.

by Thomas Leavitt (thomas [at] thomasleavitt.org)
Becky Johnson at protest demanding Santa Cruz City Attorney Barisone recommend that the City Council direct the police to cease and desist violating the constitutional right of homeless people to not be ticketed for sleeping when there is no legal shelter available, and to mitigate the legal liability risk to the taxpayers of this city precipitated by continuing this policy in the face of Federal Court decisions against such enforcement in parallel situations. Last year, Barisone's private sector firm received over $1 million dollars from the city of Santa Cruz for various services. Barisone also serves as the contract City Attorney for the City of Capitola, as well as several other local government entities and private sector clients as well.
by Thomas Leavitt (thomas [at] thomasleavitt.org)
becky_johnson_12_22_2006-protestbarisone.jpg
by Huffster
About the suggestion by buddy4all that we set up all-night patrols to protect the homeless, it's a great idea! However, our mission at HUFF is to protest and vigil and complain about the situation for the homeless. We feel that the work of patrolling the streets to protect the homeless should be left to others. Plus, it's very hard for us to stay up all night once a month. I hope someone else will follow through on this. It is definitely a great idea!
by Robert Norse
Actually it's the Sleeping Ban law itself which criminalizes people who need to get together, sleep in groups, in well-lighted areas, etc. Gung-ho bureaucrats like Ranger John Wallace give out as many tickets each month as the entire SCPD for the "crime" of sleeping, covering up with blankets, or putting up a tent against the rain and cold. All this when there is no shelter for 95% of the city homeless out there.

On the other hand, perhaps "huffster" (or perhaps we should call this anonymous poster "trollster"?) would like to help organize some independent support activity, the real HUFF (423-4833) meets Wednesdays 9:30 AM to 11:30 AM in the County Building basement at the American Cafe. Another option is the Human Rights Organization (425-4467 http://www.humanrightsorg.org) which meets weekly at 115 Coral St. in the Dining Bay of the Homeless Service Center, Saturdays 1:45 PM to 2:45 PM.
A third is Humanity for Homeless at http://www.humanityforhomeless.blogspot.com which serves food every Monday night in front of New Leaf Market on Pacific Avenue around 6:30 PM.
To check out reports of Ranger Wallace and his workers slashing tents and destroying homeless gear, tune to Free Radio Santa Cruz at 101.1 FM Sundays 9:30 AM to 1 PM, Thursdays 6-8 PM. Or go to archived shows at http://www.huffsantacruz.org under "Bathrobespierre's Broadsides".

Also call the HUFF-line (423-HUFF) if you'd like to do some tabling and petition gathering against the Sleeping Ban on Pacific Avenue in front of Bookshop Santa Cruz (where vice-mayor Coonerty, who supports the Sleeping Ban, works).
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