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Indybay Feature

Sleepout protest fighting Santa Cruz anti-camping ordinance moves into tenth week

by Zav Hershfield
Sleepout protest against Santa Cruz camping ban enters tenth week with First Alarm aggression, activist confrontation
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Now in it's tenth week, the Santa Cruz city hall sleepout protest against the city's camping ban had a rough night. Not that it's other nights haven't been difficult, but some newly present faces and aggressive First Alarm guards made for an eventful night. As has happened in the past 9 such events, organizers began to arrive at Santa Cruz city hall shortly after 5pm to set up tables and distribute food. A loud argument ensued on the lawn between a young houseless black woman and a man present as a supporter of the protest, which quickly drew in First Alarm guards present. One guard confronted the young woman, informing her that she needed to quiet down and leave, to which she responded that he had no legal authority to order her to go anywhere. An impasse ensued in which the guard threatened to call the police and the young woman invited him to do so, asking under what code they would arrest or cite her. She continued to go about her business, though more quietly. There was also some contention over the food today, as Food Not Bombs volunteers were unavailable to cook for the group. Bread, peanut butter, and jelly were provided by organizers for a 9pm meal, but other attendees took charge of the food to begin serving right away, citing people who were immediately hungry. Some harsh words were exchanged, but folks did end up fed.

There were, as there have been for the past 2 sleepouts, generator-powered construction lights along the sidewalk bordering Center Street. These lights, which are rented (according to First Alarm guards) by the Santa Cruz police department, were set up to beam down on the city hall plaza when turned on. The lights, according to the stickers along the side, are provided by area tool-rental company A-Tool Shed. The light masts were stowed and flat when folks began to arrive.

Local activist Brent Adams made an appearance at the protest with a table bearing literature for a project he has advocated for, in his words, the past two years. The project, entitled Sanctuary Camp, would involve a managed, mobile camp-site for houseless people that would move to a new location every three weeks. Adams' tried repeatedly - during the regular meeting starting off the event - to make a presentation about his project, but was met with hostility from organizers. One protestor even flipped his literature table over and shouted in his face for him to leave. Some attendees however showed interest in Adams' project, helping him right his table and taking some literature.

Soon after the community meeting, another altercation involving a First Alarm guard and the young black woman, whose name is Christina, occurred. From several conversations about the confrontation, this reporter gathered that the Christina and a friend were sitting and smoking on the lawn at city hall. When two First Alarm guards walked up to ask them to leave, they did so, brushing past the guards in the process. One guard apparently stated that the touch constituted assault and the two proceeded to cuff Christina and push her across the wall to hold her in place facedown until police arrived. Nathan Hammack - the guard who cuffed her - was the same that earlier told her to leave the park during her argument with another protestor. She repeatedly pleaded with the guards to loosen her cuffs, which were painfully tight across her wrists, but they refused to do so. As the guards held her, she began to kick her legs to keep her balance on the wall, as the opposite side was occupied by a spiny yucca plant dangerously close to her face. For the few minutes until the police arrived, Christina screamed and cried so loudly that one person on their way to the protest later informed this reporter they could hear her from several blocks away. Police took Christina into custody on arrival and had to twist her arm until she screamed in pain in order to position her arm so her cuffs could be loosened. Before leaving, they also cranked the three construction lights into place and started them running.

The protest quieted down again for a short while, until shouting began at the corner of Church and Center. Alex Darocy - a local photojournalist covering the protest - recognized the guard standing at the corner the same who earlier confronted and cuffed the Christina. A group of people present converged on the corner and demanded to see the guard's name badge and know the name of his supervisor. He denied both requests, saying nothing and walking quickly away from the group with his hand over his badge. As the group followed him across Church, then back to Center Street, he radioed for police assistance, which arrived rapidly and almost struck a protestor as one SUV pulled in close to the curb. Police officers removed the guard from the crowd and began to threaten people standing off the curb with citations for standing in a parking space. At least two tickets were given out at that point and another arrest made, this time of organizer Abbi Samuels, who was confronted while carrying coffee across the street. When asked for identification by an officer, Samuels informed the officer she had no identification on her, but that one of the officers present - one Sergeant Forbus - knew who she was. The officer accosting her then informed her she was under arrest, though the charge was unclear at the time. Police also ticketed one person for being in the city hall plaza after 10pm.

The remainder of the evening was relatively calm. This reporter did receive a perplexing tip about an on duty First Alarm guard who, in defiance of local camping ordinances against such behavior, was found asleep in his car. There's even a picture to show it.

The protests show no signs of stopping and will likely continue each Tuesday for the forseeable future, or until the city does change the law prohibiting camping. The sleeping ban, as it is known, has been in place since 1978 and makes it a citable offense in Santa Cruz to sleep in a public place with sleeping gear or in one's car. As the weather begins to cool and temperatures drop at night, the houseless population of Santa Cruz is in real physical danger of sickness or freezing to death. An additional danger is presented by the extreme rains forecast for this year's el Niño weather event. This reporter hopes that the city will make resources available to protect its inhabitants in the coming months.

More coverage of Christina Barnes arrest present in this article by Alex Darocy: https://www.indybay.org/newsitems/2015/09/16/18777700.php
§police ticket protest organizer Phil Posner
by Zav Hershfield
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§police arrest organizer Abbi Samuels
by Zav Hershfield
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§City council member Micah Posner looks on after police arrival
by Zav Hershfield
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§police ticket a sleeper, who holds their head in frustration
by Zav Hershfield
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§protestors gather around food table to talk and break bread
by Zav Hershfield
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§police face off with protestors
by Zav Hershfield
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Comments (Hide Comments)
by Brent Adams
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This article makes mention of the impending winter, expected to be an El Nino year.

It should be known by all those who sleep outside and in vehicles and those who are familiar with those who do, that Warming Center Program for the coldest nights of winter will be open. To find where and when National Weather Service Warnings are in effect - triggering Warming Center openings, call 211 when it is very cold.

by Random
"A loud argument ensued on the lawn between a young houseless black woman and a man present as a supporter of the protest, which quickly drew in First Alarm guards present."

Is the man that argued with the woman also in this photo:

https://www.indybay.org/newsitems/2015/09/17/18777749.php#18777750

The guy in the right corner of the photo?
by zav
yes, that is the person with whom she was arguing
by Robert Norse
I played some audio from the protest on last night's show archived at http://radiolibre.org/brb/brb150917.mp3 . You have to skip through my commentary, I'll also be reporting some more on my final live show (due to our loss of studio space) on Sunday. It'll be archived at http://radiolibre.org/brb/brb150920.mp3. Folks can call in with their thoughts 9:30 AM to 1 PM on 9-20 at 427-3772.

My own preliminary account of the protest is at https://www.indybay.org/newsitems/2015/09/16/18777678.php ("2 Harassment Arrests, 2 "Standing in a Parking Spot" Cites at Freedom Sleepers Protest #10"). There were more citations, as noted in subsequent reporting.
by Trip Weir
The sleeping security guard and the arrest of Abbi Samuels are certainly interesting. The photographer should document the exact time of the photo because sleeping only violates the municipal code after 11 pm. I sympathize with the exhausted, moonlighting, Cabrillo College student, but this demonstrates that sleeping is not a crime and that the only purpose of the ordinance is selective enforcement against innocent people they don't like.

In a case of allegedly resisting arrest by not providing a date of birth (that was ultimately dismissed), I observed Judge Ariadne Symons outline a three-step sequence, which as I recall went like this:

1. An officer approaches you and starts a conversation. You don't have to engage or answer questions. Based upon this case
http://www.abajournal.com/news/article/cursing_on_traffic_ticket_is_protected_speech_judge_rules
you could even say, "Fuck off, pig."

2. An officer is investigating a crime and asks you a question. You have to answer truthfully or else you're delaying the investigation. This is the classic "he went that-away" situation.

3. An officer is arresting you for a crime (maybe by merely writing you a citation). You have to give your name and address truthfully or else you're delaying the investigation. California (unlike Nevada) doesn't have a law requiring you to provide documentation of your identity. You don't need to answer any other questions.

Based upon that outline, my first response to an officer's random question in public would be, "Are you investigating a crime?" If no, we have #1 and I'm busy, have a nice day. If yes, maybe I'll answer. If the answer might incriminate myself, like "Did you know you were speeding?" then I'll keep my mouth shut and look the officer in the eye without smiling so they know they have my attention and I don't think it's a joke. Otherwise we have #2 and I'll answer. If the question is, "May I see your ID?" and I'm not driving a car, I'll say no. If the officer says, the reason I stopped you is [officer thinks you committed a crime, like jaywalking], then we have #3 and I'll tell him my name and address. Based upon the date-of-birth case, I'll recite my CDL # from memory and not my date of birth. These days, they should be able to pull up my photo and see that the name and address I gave are truthful. I won't get into a discussion of who knows me.
by Keep Santa Cruz Weird
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"This reporter did receive a perplexing tip about an on duty First Alarm guard who, in defiance of local camping ordinances against such behavior, was found asleep in his car. There's even a picture to show it." Zav Hershfield

by Sanctuary Camp
Santa Cruz Sanctuary Camp/Village
A novel approach to homelessness, never tried in Santa Cruz, yet working well in other communities. Highly effective and very low-cost. We can do this.

It is illegal to sleep outside at night in Santa Cruz, which robs people of proper rest.
We assert that a safe and clean place for homeless people to sleep and keep some things would be a huge improvement compared to sleeping unprotected outside.
Sanctuary Village is a citizen organized, and community supported space with a set of rules and a system to enforce them. A fence encircles the space with an entrance intake-desk that is staffed 24hours a day. Basic dignity-creating elements include porta-pots, a dumpster, soft structure domiciles, food preparation area and access to shower and laundry facilities. With addiction-cessation support meetings, a jobs program, housing placement partners, a resident volunteer system, and support from all local services, camp residents are able to begin to address the circumstances that may have been responsible for their homelessness.

The first stage of this project is a mobile pilot camp that will only exist for 90 days at any given location, before moving to another spot in a different area. This protects the community from having any adverse affect on property values or constant contact with camp residents. It also enables different neighborhoods to benefit from interacting with the camp as well as offering camp residents access to jobs and other opportunities in various areas. We invite you to attend a meeting or presentation to see clearly what we’re proposing and how it benefits all sectors of our community.

Here is some reading material we've created to shed some clear light on what we're proposing.

10 F.A.Q.
https://www.indybay.org/uploads/2014/07/21/faq_10_sanctuary_village.pdf

Church and property owner presentation:
https://www.indybay.org/uploads/2014/07/12/church_and_property_owner_presentation.pdf

A somewhat lengthy Presentation to Smart Solutions to Homelessness - Santa Cruz County :
https://www.indybay.org/uploads/2014/04/16/sanctuary-camp-ssh-lc-presentation-2-19-14-v2.pdf

Demonstration of Fulfillment of Smart Solutions to Homelessness 5 Point Criteria
Here, we've boiled down the above 38 page document to 2 pages.
https://www.indybay.org/uploads/2014/07/19/demonstration_of_fulfillment.pdf
by John Cohen-Colby
Until the laws criminalizing homelessness are off the books in Santa Cruz, a sanctuary camp here is a non-starter.
by Brent Adams
sanctuary_is_coming_1.jpg
This community will not tolerate this ordinance to be repealed until there are safe, clean places for people to sleep and to simply, be.
Sanctuary Camps are fitting spaces to organize against such laws.

Sanctuary Camps and Villages themselves reduce homelessness, heal people's lives and help us all sleep better at night.
Establishing such projects in this area is no small effort, but we've been slowly building strength, allies and we've got our successes with Downtown Bathroom Task Force and Warming Center Program to stand on. You may note, that all of the nay-sayers have been absent from the project.
We are 100% volunteer and depend on your participation to sustain our efforts!

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