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Related Categories: California | Santa Cruz Indymedia | Global Justice and Anti-Capitalism | Health, Housing, and Public Services | Police State and Prisons View other events for the week of 10/15/2012
POSTPONED: 'Lodging 647(e) Trial' Launches, Dept 2, Superior Court
Date Monday October 15
Time 9:00 AM - 9:00 AM
Location Details
Santa Cruz Superior Court, 701 Ocean St, Courtroom/Dept #2.
Santa Cruz 95060 (very very close where citation originated...)
Event Type Court Date
Organizer/AuthorLinda Ellen Lemaster
Emailhomes4everyone [at]
This event has been postponed from its original start date of Oct 15. Check back for updates on the new date for this court hearing.

This Lodging Trial, for a ticket I received in the wee hours, California's PC Lodging 647(e), has been slowly moving thru' time for two years and a month, since PeaceCamp2010, toward trial.

PC2010 held a First Amendment demonstration and protest on the Courthouse steps, in support of homeless people who have to sleep outside.

In the City of Santa Cruz, the anti-sleeping, anti-camping ban 6.36.010 (still) criminalizes anyone sleeping outside in public. And this City's definition of "sleeping" includes having a blanket over one's self even if obviously awake.

STILL you get a ticket. STILL you probably have to go to court, and then try to outrun any warrant, all this for a night's *maybe* sleep in the dirt or concrete.

The City's anti-sleep law adds significantly to the dangers homeless people here face, including undue stress and criminalization (which never seems to end if one is without money).

It invokes our collective memories of sleeplessness as torture, for some of us.

True, this is just an opinion, but other knowledgeable people share this opinion, and Applied Survey Research's alternate-year suveys of homeless people themselves also confirms my viewpoint.

So anyway, in August 2010, the County's Sheriff's Deputies (and apparently others?) selected "Lodging 647(e)" as a tool to -- so it seemed -- make our demonstration go away. See Indymedia Santa Cruz and SC Sentinel, summer 2010, and my own story in Street Spirit .org for Sept 2011 to learn more about PeaceCamp2010.

There is a 'trial readiness' hearing on October 10th, also at 9 am., also in Department #2, Honorable John Gallagher's courtroom. I suspect what happens on October 10th could impact how the trial plays out; so look here (Indymedia Santa Cruz) for significant shifts in the court calendar. Otherwise: Monday, October 15th, 9 am, Dept #2 for this Lodging Trial.

Gallagher is the Judge who sentenced both Gary Johnson and and PeaceCamp2010 co-founder, and attorney, Ed Frey to jail.

Lodging is being used to push homeless people around in California, despite its historic use as a catch-all for status crimes.

Can we dislodge this unfair, double-standard abuse of power?

My pro-bono attorney Jonathan Gallagher has already taken the "lodging law" through a kind of legal appeal, a Writ of Habeus Corpus. He and his partner, Eric Nelson, will be presenting my case after Jury Selection, starting Monday October 15 at 9 am.

If you can help this way, my lawyers need funding for their hard costs such as copying expenses.

I will be spending the first ten minutes of "lunch" on Monday and Tuesday in quiet meditation, perhaps in the Atrium. Join me in silence if you like, or consider being a friendly witness of this trial. All caring support profoundly appreciated.

Besides my attorneys, I am grateful already to Occupy Santa Cruz, to Homeless Persons Legal Support, to Housing NOW! in Santa Cruz, and to my personal care-givers for helping keep me focused and upright, so far.

Anyone who has information about the 'mia' lodging tickets received by Occupy campers last year -- and perhaps subsequently transfigured into tresspass charges? -- also just outside the Courthouse but on Water St side, I would love to be in touch with you soon?


Linda Ellen Lemaster
homes4everyone [at]

Added to the calendar on Monday Oct 1st, 2012 6:09 PM
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§error, inside the "Lodging Trial" story
by Linda Ellen Lemaster Monday Oct 1st, 2012 11:10 PM
Oouuu, bad booboo ~~ must be the ADHD acting up? swallow pride here...

I misspelled my attorney's name, above. Sucks.

My wonderful lawyer's name is really Jonathan "Che" Gettleman.
Apologies to everyone.

And, NO I will NOT let the judge's recent sentencing history with Lodging "get to me."


Comments  (Hide Comments)

by A. Supporter
Monday Oct 1st, 2012 8:31 PM
I plan to be there with you in court.
by anon
Tuesday Oct 2nd, 2012 9:58 AM
Blankies outlawed? Even blankies on babies in strollers?

What will they think of next?

Umbrellas banned at Occupy Seattle protests — RT
Oct 11, 2011 ... Seattle Washington” typically fires up two things in the minds of Americans: Kurt
Cobain and rainy weather. It's been ages since the grunge icon ...
Flyer states wrong date for Lemaster Lodging 647(e) trial.

Trial starts Oct 15th, Monday.

Perhaps bulk of that day = jury selecting?

Before that, there's a "trial readiness hearing", 9 am on Oct 10th, Weds. I don't expect the 10 - 10 moment in court requires much fanfare, prove to Judge there's a case, I gather.

I think it would be good to have supportive witnesses on Monday the 15th and thru the legal arguments. Especially those who are concerned about how people and our local governments deal with the mushrooming homelessness with laws like 647(e). A loitering law. and 6.36.010, muni anti sleep ban. We can do better than this!

Gary is stuck in jail and it is as mean as it is pointless.
by Steve Pleich
(spleich [at] Saturday Oct 6th, 2012 12:23 PM
Linda has long been a champion for the cause of the less fortunate, the unsheltered and the oppressed. Now as that oppression reaches the doorstep of her life, we must all stand with her and make the collective statement that this brand of victimization must not gain entry into our homes or our hearts. When she stands up for justice, she never stands alone.
by Robert Norse
Wednesday Oct 10th, 2012 9:33 AM

Download PDF
Attorney Jonathan Gettleman, perhaps mindful of the bad and bigoted record of Judge John Gallagher in the sleepcrime and lodging cases has disqualified Gallagher in Dept. 2 and sent the case to Rebecca Connolly in Dept. 1. I don't hold a lot of hope for her either (it's a systemic discriinatory problem rather than one of a "bad judge"). However here's the corrected flyer. Those who have copies of the old flier and want to distribute them, need only strike out "2" and write in "1" on the line that begins "“LIGHTHOUSE” LINDA LEMASTER: Jury selection for trial begins 9 AM Monday October 15th in Department 2..." correcting it to read "“LIGHTHOUSE” LINDA LEMASTER: Jury selection for trial begins 9 AM Monday October 15th in Department 2..."
by Latest News
Saturday Oct 13th, 2012 10:36 AM
Linda reports that the trial has been postponed. Next readiness hearing on Oct. 31. Is that the very same day that Gary Johnson is scheduled to leave his current State-sponsored "accomodations"?

Time for a "get out of jail" party, anyone? I imagine there could be a tie-in with a certain pagan-themed holiday happening. Or Day of the Dead. How about "Day of the Dead Justice System for Those Who Sleep Outside in Santa Cruz?"

Your thoughts?