Wednesday, April 17, 2013
The Military-Civil Society Suppression Interface - "The Other Side Of The Coin: Counterinsurgency And Community Policing"
Interface: a journal for and about social movements
Volume 3 (1): 81 - 117 (May 2011)
The Other Side Of The Coin:
Counterinsurgency And Community Policing
Kristian Williams
(This paper grew out of a lecture presented at the "Econvergence," First Unitarian Church, Portland Oregon; October 3, 2009.)
Abstract
This essay outlines the current counterinsurgency model, with an emphasis on its domestic application in the United States. It shows that many contemporary counterinsurgency practices were developed by police agencies inside the U.S., and illustrates the transfer of theory, strategy, and technique from domestic police to the military - and back. The essay also examines the state's use of nongovernmental or nonprofit agencies, as one element of counterinsurgency strategy, to channel and control political opposition. [emphasis mine -RR] The conclusion briefly considers the strategic implications for social movements, especially as we learn to recognize and respond to political repression.
Introduction: expect repression... [Full PDF @ Interface]
(page w/ volume index here)
Thursday, March 22, 2012
Why Don't Homeless People Stay At Homeless Shelters? Lots Of Reasons... Good Reasons!
This is not surprising if one considers the county and city of Santa Cruz never wanted a shelter program to start with, so they've done their best, with taxpayers dollars, to make it absolutely useless to anyone but exactly the cohort within the homeless population that the Santa Cruz Sentinel, the Downtown (business) Association, and Take Back Santa Cruz complain about... Funny how that happens. You'd think they had created their own perception management program for vilifying the homeless.
[A little perception management for the rest of us]
Because they have. Only people who have been institutionalized, unaware they're being institutionalized, or forced by circumstances beyond their control into an institutionalized environment, would tolerate it, and many of the people mentioned, the mentally ill, drug addicts in need of substance abuse/psychological care, and sociopaths unable to integrate in a cooperative manner with the larger community of homeless, make the best 'poster people' for 'everything wrong with the homeless'.
[Thank YOU for being here James... Filmed @ SXSW 2010 in Austin, Texas.
Ask any of the literally thousands of travelers coming through Santa Cruz every year, some young and adventurous... 'roadies', some older and simply looking for work or a safe place where they won't freeze to death in the winter.
Ask them if they've been out to 'River Street'.
They'll tell you either they'd been there, but won't be again, or that they'd heard through the grapevine before they ever arrived in town that SCRCH is an out of control behavioral health unit and were warned to stay away from it.
It's disgusting that homeless 'activists' in Santa Cruz would support a facility like this... but they do.
It's NOT a 'shelter'... Or even a 'resource center'. It's a county run prison yard for drug addicts and people with' behavioral problems' who can be used by the city and business community as PR and rationale for their overall hostile attitude and often illegal (unconstitutional laws intended to target the homeless and blatantly selective enforcement of those laws) behavior towards their un-housed citizens, whom a recent survey showed a large majority of those people were working and housed in the area until unchecked redevelopment and gentrification occurred in the wake of the 1989 Loma Prieta Earthquake . ~~Razer Ray
This post is dedicated to Logan. Panhandling and sleeping out doesn't kill people, but living simply as a young person in a world based on 'stuff' can be a killer. Even still one must pity people so poor that all they have are money and 'things'.
After my first rape, it was a homeless man who saved me. I was tucked into a bloodied ball behind a dumpster, deep in shock. Without his intervention, I would have died. He covered me and sang mumbled songs. He bathed me like a child in someone's motel room where he'd carried me. Fittingly, his name was Justus. My angel had Parkinson's and had suffered several strokes. His bladder control wasn't perfect so he smelled pretty bad, too. He talked to me of soldiers he'd seen shell-shocked in Vietnam. He prayed and sang "Amazing Grace" as I stared into space, trembling and waiting, hoping to die while he carefully dabbed my face with a washcloth. He showed me a very old picture of his daughter, a cute toddler in corn rows. He spoke of her with such love. It was then I unfroze and began to cry. If this gentle, lovely man could be discarded and dying out where no one cared what hope was there for anyone? (source)
1> Homeless Shelter Hours Incompatible with Work HoursPlease Read FirstI spent a lot of the time when I was homeless sleeping "in the rough" which is another way of saying outdoors. I've been asked a lot of times why I didn't just stay in homeless shelters. The two answers most homed people will give as to why homeless people don't use shelters is that either such people are drug users and drug use is against homeless shelter rules or that some people refuse to follow homeless shelter rules pertaining to check in and checkout.
As someone who has worked in homeless shelters I am very aware that the vast majority of homeless shelter workers are good people who are doing their best. I am glad that homeless shelters exist to help people without homes. However, it would be an injustice to pretend that homeless shelters in America are plentiful enough or that all of those shelters that exist are safe enough, or free from downsides.
The issue is pretty complex, but no, I was neither using drugs nor too defiant to obey homeless shelter rules. I'd like to give my reasons for sleeping in the rough and also some of the reasons I've seen other homeless people avoid shelters while exposing some common homeless shelter dangers. Some of these reasons might surprise you. I know I was shocked to discover a few myself. ~~Kylyssa
Homeless shelters operate on rigid schedules... So do jobs!
Contrary to popular belief, many homeless people have jobs. Because check in hours for shelters are often rigid and the process of waiting in line and checking in usually takes hours, most working homeless people cannot use them. Other homeless people work evening or night hours which don't allow them to get into a shelter before curfew. People who work from nine to five usually can't use homeless shelters, either; by the time they get off work, it's usually too late for them to get in line to check into a shelter.
Another reason some homeless shelters are incompatible with having a job is that they require the shelter users to attend AA or other drug abuse rehab classes (often held during normal work hours) every day they use the shelter - whether those people have a drug or alcohol problem or not.
By the time I had a regular job, I had decided to sleep outside exclusively so this was not a problem for me.
Continue reading Why Homeless People Don't Use Shelters @ Kylyssa's Squidoo. Also see another of her articles: "What I Learned While Being Homeless" that addresses topics such as "Why I Hate The Words "The Homeless" and tips for survival if you find yourself in that situation.
Sunday, December 18, 2011
Merry Xmas Santa Cruz... From An Anonymous Hacker - Signs Of The (digital) Times
This '7-days-left-to-shop-before-Xmas' morning the Rittenhouse Building in the rotting and corrupt heart of Santa Cruz California's Downtown Business District/Special Economic Area, had a VERY SPECIAL display on the networked digital advertising screens that inhabit every window of the completely vacant office/storefront building...
[He's Gonna Find Out Who's Naughty Or Nice... That's A Threat]
Sunday, November 13, 2011
Update: The Siege Of #OccupySantaCruz - A Move To Get The City Injunction Into A Court Where "Constitution" Is Spoken... Federal Court
«o» The upper encampment and the Geodesic Dome Information Center by the court house steps are still under threat of removal.
[Type of tent given by local Veterans groups to homeless Veterans]
THAT confrontation may occur as early as tomorrow morning.
There IS some good news on the legal front though.
The #OccupySantaCruz General Assembly achieved consensus this afternoon to kick the legal 'football' into federal court, with filing fees already voted and appropriated, to seek relief from a Santa Cruz city injunction against their city park encampment, on undisclosed evidence, presented in a closed door session of Santa Cruz Superior court after a secret city council meeting.
There MAY BE further consensus on a counter-suit against the city of Santa Cruz California for attempting to violate the first amendment rights (among others) of the people at the encampment considering that legal counsel has informed the General Assembly federal court decisions consistently support camping as an exercise of the First Amendment right to assemble and petition the government for redress of grievances.
We HAVE grievances!
The city of Santa Cruz IS attempting to deny #OccupySantaCruz that right to peaceably assemble, and considering the secrecy of the process that caused the delivery of the injunction, that attempt to deny MAY HAVE occurred under circumstances that could be described as fraudulent, or perjured.
Saturday, November 12, 2011
The Siege Of #OccupySantaCruz Begins... And A 'Sidebar' About The Treatment Of Veterans In That Namesaked City
"This morning Francis Moore Lappe (world-renowned author of 19 books, including the revolutionary books "Diet for a Small Planet") stopped by Occupy Santa Cruz on her way to San Francisco's Green Fest, to show her support and solidarity with the Occupy movement--especially our local group in light of recent events." [source]The recent event?
#occupysantacruz support needed! all tents in front of the courthouse are being taken down! Come down and show support for the people who have been out occupying, they need solidarity now!
"20 sheriffs showed up in the early morning & the occupy night watch successfully warned all occupiers before they arrived. Tents were taken down after sheriffs began removing tents themselves under the offense of "lodging". 2 tents confiscated, no tickets or arrests. Occupirates put tents on cars to sattiate(sic) threats & followed them back to the courthouse continuously requesting what "lodging" actually consists of. The sheriffs refused to or could not answer." [source]
This is the type of tent that was given by local Veterans groups to homeless Veterans.
Did you see a 'sanitation or safety hazard in those photos?
Neither did I.
Yet, barring evidence to the contrary these are the kind of photos the city presented after a secret city council meeting, later to be presented in a closed door Superior Court session the other day to garner support for a Preliminary Injunction against the encampment.
Here's a shot of the 'Bench-lands' just around the corner and down the hill from the court house building in the City's San Lorenzo Park near the lovely banks of the San Lorenzo Sewage Chan... I mean 'River'! [snigger]:
Not seeing the 'feces' the city claimed to be littering the ground here.
Albeit some winos absolutely delight in shitting and pissing on the county building and it's attached court house whenever possible (and it's been that way since the first wino walked the Earth in Santa Cruz), there is NO POSSIBLE WAY to say the 'poop & pee' incidents have increased since the campers presence, and it's also quite unlikely, as the encampment has a Porta-Can emptied regularly, and available to all.
Unlike the city park's bathroom.
The warning that was handed out in lieu of arrests or tickets:
(click on all document images below for larger copies)
Note the care with which they say they'll handle the #Occupiers personal property.
The city and county are worried about ANY bad PR that could go national or even global if things, for some unimaginable reason, went seriously South.
It wasn't apparent at last year's PeaceCamp2010 demonstration that the sheriffs or the Santa Cruz police department were very concerned with that issue...
...nor did they show concern in their action, with a lot of damaged or 'disappeared' property reported by the protesters. The rest being seriously delayed by the SCPD's property recovery hours. If I remember correctly there were only 2 hours during the work week where the SCPD would arrange to return your property a day or two later.
More information on the California Penal Code 647(e) "Lodging" law, and the PeaceCamp occupation here.
Nevertheless, in spite of the attempts to repress #OccupySantaCruz, we're all expecting a well attended General Assembly today, Saturday, November 12 2010 at 6pm, on the steps of the Santa Cruz County court house.
Iraq Veteran, Marine Corp, hailing from North Carolina, with a furry friend, at #OccupySantaCruz:Occupy Santa Cruz
We gather together as Occupy Santa Cruz in solidarity with the worldwide Occupy Movement. We are individuals committed to promoting justice. We have no leaders. We recognize the right of ALL voices to be heard: our diversity is a source of strength. We present a united front in our non-violent approach to addressing the problems we face and generating solutions beneficial to all. Please join us in creating a better world. We gather 24/7 on the steps of the Superior Courthouse on Water Street. General Assemblies are held daily at 6pm, and on Sundays at 2pm in San Lorenzo Park.
Contact Info to get involved on a local level:
Email: occupysantacruz@gmail.com
On Twitter: http://twitter.com/OccupySantaCruz
How do YOU want to get involved?!
«o» Since I brought up the topic of Veterans, it's just been reported that the unemployment rate for Veterans is now THIRTY PERCENT!
So it behooves us, in the wake of Veterans Day, to discuss the city and county of Santa Cruz treatment of it's own.
This morning's Santa Cruz Senile mentions the fact that it was Veterans Day yesterday by featuring a front page picture of the parade in Watsonville, because not only does Santa Cruz not deem it fit to hold a parade for their Veterans, they and the county have been, dast I say (Dast!... Dast!...), actively hostile towards local Veterans, with the closure of the Bill Motto Post #1588 VFW building under suspicious circumstances and the now ongoing delay in getting the building repaired and reopened.
The building was, and WILL BE AGAIN, the home of the annual community Thanksgiving and Christmas day dinner for all. The county and city were lambasted last year for not making any plan for a replacement community meal venue until complaints by the community at large became too strident and the Civic Auditorium was used, on short notice, in what could only be described as a sterile and non-festive atmosphere.
The county and city's rationale for not acting sooner essentially boiled down to:
"It's not our problem, but since you whined...".
Just in case you wondered how much your city government cares about it's community.
Meanwhile last night, Bill Motto VFW Post# 1588 (Facebook page), which I might mention, is the only avowedly Anti-War Veterans of Foreign Wars Post in the United States, DID NOT 'parade'.
They engaged in a drum circle in front of O'neil's Surf Shop across from the Cinema 9 theater on Pacific street in the heart of downtown Santa Cruz, with a group of traditional Lakota Sioux drummers, under a cabana, in the rain.
#Occupy. (period)
Friday, November 11, 2011
Beyond Nepotism - Santa Cruz California Mayor Uses City Council Proclamation To 'Plug' Self-Sponsored Book/Talk Event At His Businesses
Looks like Mayor Ryan Coonerty is AGAIN misusing his power with a Mayoral proclamation that sells both books at Bookshop Santa Cruz(ed. his family's business downtown) and tickets at NextSpace (ed. transient office worker rental space downtown).It might also be noted that Mayor Coonerty is married to the one of the owners of Dell Williams Jewelers, an old-line locally owned store downtown.
Feathering his own nest? Heck, that's all he ever does.
Coonerty is the co-owner and co--founder of NextSpace.
He's used his mayoral proclamation to sell tickets to the speaking event his company is sponsoring AND the woman's book is sold in Bookshop Santa Cruz.
See: What's Next Lecture: Jacqueline Novogratz & The Blue Sweater and http://whatsnextlectures.com/
That may not sound like an 'issue' but it must be considered that his wife is also the current chairperson for the Santa Cruz Downtown Business Association.
And even while his engagement to a woman who chairs a merchant organization that is responsible for most of Santa Cruz city's tourist and student generated revenue was kept in near secrecy, mayor Coonerty voted on matters affecting the downtown shopping district.
To this day the "Boy Mayor", as he's referred to affectionately by those in the know and those who remember his father Neil Coonerty's corrupt so-called 'progressive' reign over Santa Cruz politics, STILL refuses to recuse himself on city council votes regarding their "Shopping Mall By The Sea" formerly known as the "Pacific Garden Mall".
The Santa Cruz City Council Agenda for November 08 2011 with his self-involved 'proclamation':
For more information about nepotism and corruption in Santa Cruz politics...
See how a member of the Santa Cruz city council actually attempted to have a local church pastor fired for attempting to feed the homeless at his church located across the street from a house owned by the councilwoman's daughter, despite the fact the pastor had ameliorated the city's alleged complaints, and documentation to the fact that Councilwoman Matthews did so on an official city letterhead, with nary a word to the council OR public, here:
"Sorry... Two Words" (That Describe How Corrupt A Local Government Official Can Be) - Santa Cruz California Edition
You might also want to peruse Becky Johnson's One Woman Talking for more 'dirt' on Santa Cruz city dealings and corruption.
The current post on her site: Council's behind the scenes machinations typical of the 1%ers
Monday, November 7, 2011
#The1stAmendmentIsOurPermit - OccupySantaCruz Reads "The Riot Act" To The Political Cronies Of Santa Cruz California
The cronies of the 1% of Santa Cruz got swarmed at city hall this afternoon...
At least 50 people from #OccupySantaCruz (California) marched to city hall today to deliver a mass vocal rejection of an ultimatum disguised as a 'non-commercial event permit' which would have limited the Occupier's autonomy and control over their encampment in San Lorenzo Park near the Santa Cruz County Court House, by the lovely banks of the San Lorenzo sewag... I mean "River" (really I do!) along with a number of other issues recounted at the background link above and in the rejection document authorized by the General Assembly that follows.
The crowd you see gathered above read the document in unison to city council members who were present and the city manager who had authorized the issuance of the 'permit'.
The city manager of Santa Cruz California claims that the police department 'serves at his pleasure'. In other words, the city council has delegated the day to day authority of the local police department to a hired manager.
Consensus among the Occupiers however is simply; Since the city manager is employed or fired at the city council's pleasure, they are indeed in charge of their own police force. Hence the attempt to trap these rats in their own lair for them all to hear the recited refusal to accept the regulations their manager was demanding of a first amendment related protest.
You could hear the reading of the following document all the way to the back of the City Hall complex:
Meanwhile, about another 50 people stood by at the information center on Water Street, one of the busiest traffic routes in the city, near the court house steps, to protect a Geodesic Dome structure which had been erected to protect the #Occupy visitors center from inclement weather, only to have it threatened with forcible removal by the city authorities.
We're waiting Santa Cruz city... ...THIS is what we expect to see:
Sunday, November 6, 2011
One Word... "Nuts!" - An Open Letter From #OccupySantaCruz To Santa Cruz' Government
According to various accounts from those present, when (General Anthony Clement) McAuliffe was told of the German demand for surrender (at the Battle of the Bulge, WWII) he said "nuts".«o» At first "Wes" came up with this draft letter to the city of Santa Cruz in response to their ultimatum masquerading as a 'permit':
At a loss for an official reply, Lt. Col. Harry Kinnard suggested that his first remark summed up the situation well, which was agreed to by the others. The official reply was typed and delivered by Colonel Joseph Harper, commanding the 327th Glider Infantry, and his S-3, Major Alvin Jones, to the German delegation.
It was as follows:To the German Commander.Suffice it to say, the Germans were perplexed at the short reply. Harper offered an explanation of the meaning of the word to the Germans, telling them that in "plain English" it meant "Go to hell."[1] (source)
NUTS!
The American Commander
Uh, thanks City. I can see how this makes it easier politically for you to still bust homeless people in the park while ignoring our occupation, but since the need for usable public space is a small and important part of our occupation, we got that covered, thanks.«o» This final draft open letter is in response to the city of Santa Cruz California's attempt to deliver an ultimatum to #OccupySantaCruz in the form of an unrequested and unwanted 'permit for a non-profit event'.
While neither the GA nor the individuals in the legal committee asked for the special event permit, nor for all the restrictions that come with it, thank you for the kind thought, but no thank you.
If you still would like to help (and to be sure, help without strings attached is certainly welcome), perhaps you could direct the city manager to direct the police to leave the occupation alone. We know you have no direct say over the county sheriffs, but perhaps your example will inspire the county supervisors to direct the sheriff to also leave the occupation alone.
In any case, thank you for thinking of us. While your help is welcome, we’ll be okay without you.
Of course #Occupations are not really a non-profit event, but a protest, and there were a number of other issues with the document, including the concept of 'permission to #Occupy' itself that caused the following letter to be voted affirmative in a near consensus.
It will be delivered tomorrow November 7 2011 at 3PM PST by the whole of #OccupySantaCruz not only to the city manager who actualized it, but the city council members, wherever they may be found at the city hall complex, to whom the city manager is answerable.
IF all goes well, we'll see a response similar to this:
Saturday, June 25, 2011
Breaking: Santa Cruz California Lawyer Ed Frey Jailed For Protesting Anti-Homeless Laws Has Bail Reduced From $50,000 - $110
Breaking News June 24 2011:
Santa Cruz California lawyer Ed Frey jailed for protesting anti-homeless laws has had his bail (to allow for post-conviction appeals) reduced from $50,000 to $110.
Also, other charges against co-defendant Gary Johnson have been dropped (21 counts).Johnson is still imprisoned for six months(6/28/2011 - Gary Johnson released on bail pending appeal.) on a single protest conviction. [More]
Backgrounder Here
Saturday, June 11, 2011
Santa Cruz California Lawyer Ed Frey & Houseless Defendant Imprisoned Six Months For Sleep Protest
Santa Cruz California lawyer Ed Frey jailed for protesting anti-homeless laws has had his bail (to allow for post-conviction appeals) reduced from $50,000 to $110. Other charges against co-defendant Gary Johnson dropped (21 counts). Johnson is still imprisoned for six months on a single protest conviction [More]"Leave no brother or sister behind enemy lines..." ~~POCC (Prisoners of Conscience Committee).
A protest is scheduled for Monday, June 13th 2011, on the Santa Cruz California County Courthouse steps beginning at 7:30AM and continuing until....
Let's start with a brief summary of events.
[Above: Pseudo-Legal Camping (to spend money) Cinema 9 Theater]
Note that sleeping in plain sight, even on your own property, is illegal in Santa Cruz.
[Above: Pseudo-Illegal Camping (to protest city policies) @ SC County Courthouse]
The PeaceCamp 2010 protest and sleep-in responding to the unavailability of shelter space for the droves unemployed and homeless people in Santa Cruz California began on the steps of the Santa Cruz County Court House on July 4 last year, eventually moved to Santa Cruz City Hall, and continued 24/7/365 until October 2, with the admonition by lawyer and organizer of the event Ed Frey's words:
"the struggle is now moving into the courts"In the Cabale News Service report for August 09 2010, yours truly wrote:
Santa Cruz California Peacecamp2010 has been under siege over the weekend with dozens of Misdemeanor citations written and almost a dozen arrests. The camp's lawyer, Ed Frey, and other participants have been arrested for refusal to cooperate and sign the tickets, claiming the law they are being cited for is unconstitutional and invalid.
One man is on hunger strike and remains incarcerated until a Tuesday hearing.
One person was overheard telling the sheriffs involved in the raid: "Someone just got hit by a drunk driver... because you were here enforcing this unconstitutional law instead of patrolling the highways on Saturday night."
This correspondent saw the officer's shoulders rise with tension and one can only hope his 'dop kit' contains antacid.
The protest revolves around the apparent unconstitutionality of a total ban on sleeping outdoors, covered with a blanket, or in any manner, between the hours of 11pm and 8am anywhere within the city limits.
HOWEVER, to avoid testing the city of Santa Cruz' 'camping ban' ordinances, the law the arrestees are being cited for is California State Penal Code 647(e).
It is understood from sources that the Santa Cruz police department has refused to cooperate with the Santa Cruz Sheriffs in citing under their own 'ordinance' (not 'law'... 'ordinance').
California State Penal Code 647(e) is applicable to anyone...
...Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it."This State Code implies that it's illegal to bed down (or perhaps even rest by the side of the road) anywhere in the state without domicile (housing) or a welcoming place to stay (the meaning of 'lodging' itself).
Put simply... without 'some place to go', it's apparently illegal to be "(any) place" in the state for any length of time (because one MUST rest or sleep).
[Santa Cruz lawyer Ed Frey forced to cooperate with arrest process]
Funny thing... (but I'm not laughing) you'd think this law was probably last used extensively in California during the GREAT DEPRESSION of the 1930s, but in reality this law was added to the state's law books over the last few years...
There are more writings on the PeaceCamp 2010 protests in the August 06 2010, August 09 2010, August 12 2010, and August 25 2010 editions of the Cabale News Service Report. Also see the PeaceCamp 2010 tag @ Becky Johnson's One Woman Talking for more extensive reports, documents, and details, and this posting at Santa Cruz IndyMedia, where you can see the hatred exhibited by certain elements of the community, typically representing the business community rather than the average Santa Cruz citizen, towards their disenfranchised neighbors.
Now, to the issue at hand...
Becky Johnson, host of the blog "One Woman Talking" attended the trial of the PeaceCamp Six and it's aftermath.
She writes:
(Santa Cruz California lawyer Ed Frey to Judge John Gallagher, Santa Cruz County Superior Court:)
"Where did you get the authority to claim the definition of illegal lodging included sleeping? It's not in the law itself. Opposing counsel cited two authorities, neither of which addressed sleeping as a criminal act. The defendants last August had no access to a definition of "lodging." The sheriff's who enforced it had no guidelines or definition to determine what "lodging" was. Only when we get to trial do we find that you, yourself provide that definition to the jury. Where did you get that definition? On what authority did you base it?"
"And how were the defendants last August supposed to know what "lodging" is? You, yourself said it is equivalent to sleeping. But where did you get that?"
"I got it from a dictionary," Gallagher admitted, so softly his words were barely audible. "And the defendants were warned first that they were illegally lodging."
[Click for larger image]
JURY FOREMAN: Personally I found it pretty crappy that it was clear that they were citing people as soon as they fell asleep. That was the one thing they were really going after.Frey was adamant about pressing this point. He had filed a motion to dismiss based on vagueness of PC 647 (e) at a January 21st hearing this year. At that hearing, DA Sara Dabkowski argued that a definition was not necessary since "everyone knows what "lodging" means. It is a common word that puts people on notice that they can't lodge, can't live, can't stay the night, can't sleep somewhere, can't set up roots somewhere if they don't have permission. So it's not unconstitutionally vague on its face as written." (A complete transcript of that hearing can be found here.)
Yet at trial, and against the objections of the defense, Judge John Gallagher introduced his own definition of "lodging".
o
o
o
Indeed, Gallagher's language, which he claims came from a dictionary, contains suspect language. He used the term "settled in" as an indication of illegal behavior.
There is legal precedent for this language. Article 13 of Indiana's 1851 Constitution stated
"No Negro or Mulatto shall come into, or settle in, the State, after the adoption of this Constitution."While PC 647 (e) does not prohibit blacks from coming into the State, it does condemn to jail any person found within the State boundaries who does not have some form of permission to to sleep, live, or spend the night. That means any person in the State of California can be arrested on sight if they can't prove they have permission to "live" somewhere.
This sounds little different than article 13 of the Indiana State Constitution of 1851.
Just substitute the word "homeless" for "Negro."
o
o
o
But the County of Santa Cruz, the County Sheriffs, City police, and the judges at the Santa Cruz County Courthouse have all decided that sleeping is a criminal act. They have decided that depriving homeless people of any right to sleep, any ability to sleep on either public or private property is the cornerstone of their policy to criminalize homelessness. And the jails are full of homeless people.
"I instructed correctly at trial that sleeping is part of the definition of lodging. And you can be punished for that conduct."DA DABKOWSKI moved on to the sentencing phase.
"We are asking for 400 hours of community service from Mr. Frey. People who worked at the County Building said they feared for their safety when they had to walk by people."Frey argued,
"We were expressing ourselves. The first amendment is the most valid right we have. 400 hours of labor for expressing ourselves? That's outrageous. I didn't even know there was a "lodging" law. We were there to protest the Sleeping Ban of the City. We were speaking on behalf of the poorest of the poor. 400 hours is outrageous. I won't serve them."
"Then I sentence you to 6 months in County Jail,"Gallagher announced, the maximum sentence possible under 647 (e). Frey asked to be released long enough so he could file an appeal.
"Okay. $50,000 bail!"
Double-outrageous.
"I can't find it in any of the laws that were cited that you can't sleep. Go home tonight and sleep if you can, and let my words ring in your ears."Then Gallagher turned to Gary Johnson, who is homeless.
"Do you accept 400 hours of community service?"Gary Johnson and Ed Frey were handcuffed and led off to jail by County Sheriff's. A protest is scheduled for Monday, June 13th, on the County Courthouse steps beginning at 7:30AM and continuing until....
"I have more of a problem with the 3 years probation clause "obey all laws." I have to sleep. I can't go three years without sleeping."
"Are you turning down the conditions?"
"It's not that I won't. I can't. I have to sleep. I have to sleep tonight. Where can I go and legally sleep in the State of California?"
"Do you accept the 400 hours of Community service?"
"As a citizen and a patriot, I cannot."
"Okay. Then 6 months in the County Jail for you too. Report to jail next Friday at 3PM."
"But I have to sleep TONIGHT."
"Okay. You can sleep in jail. You will be remanded into custody at the end of this hearing."
In Full @ Becky Johnson's One Woman Talking
Wednesday, May 11, 2011
A Barren Place: California Bookstore Replaced By Police Substation
Wednesday May 11 2011
In the wake of the closing of Borders Bookshop the SCPD has increased their overt pressure on the musicians and craftsmen native to, and traveling through Santa Cruz California.
These itinerant craftspeople have been known to purvey their wares within the boundaries of the city's arcane laws regarding sales, vending, noise ordinances with no known or stated standards, trespassing laws that encompass half the available sidewalk space as is the case in front of Borders Books, and the police are on scene this morning to specifically show the citizens of Santa Cruz how welcome they are, and to prove-by-their-presence that generally, hanging out and enjoying the day on Pacific avenue, a PUBLIC STREET, is a significant enough event to warrant(sic) 'observation'.
Pacific Avenue, in the intervening years since the Loma Prieta earthquake of 1989, has become an ugly blight... A failed corporate business-inhabited 'Shopping Mall', with the only revenue producing businesses apparently being the bars frequented on weekends by UCSC students, wherein Santa Cruz increases it's bloated police budget, but NOT it's city treasury, enforcing laws related to a host of universally problematic alcohol related crimes.
This is RazerRaygun saying "Take It Easy... But TAKE IT!
This news report has been cross-posted to Santa Cruz IndyMedia
Thursday, January 20, 2011
Voices From The (Santa Cruz) Village: Controversy at the "Red Church" - Is The City Interfering With The Church's Homeless Outreach Program?
[This Video Is One Hour Long... Pop Out Player?]
Louis LaFortune, host of Santa Cruz Community Television's "Voices From The Village" hosts a roundtable discussion with local leaders about the situation between the city and Calvary Episcopal Church's homeless outreach program, which illustrates the unnecessary city-driven adversarial relationship between the independent homeless programs of Santa Cruz and the city, with Father Joel Miller, Pastor at Calvary Church, Richard Enriquez, a Calvary Church volunteer, Don Lane, Santa Cruz City Councilman, and Scott Galloway, Calvary Church volunteer/former Santa Cruz Metro Transit District Director, and others.Video source: Santa Cruz Community Television
The document in question is Here... Written by FORMER city councilmember Cynthia Matthews, the document is a letter to the archdiocese of the Episcopalian church on a Santa Cruz city letterhead requesting their assistance in forcing Reverend Joel Miller of the Calvary Episcopal Church to end the homeless assistance program by pretty much falsely claiming alleged 'behavioral problems' and 'noise issues' "requiring" 'excessive' police and emergency service calls.
Wednesday, January 19, 2011
...And The BREAKING STORY In Santa Cruz California Today Is:
"Santa Cruz and Watsonville Compete For In-N-Out Burger"H/t: Gleaned From January 19 2011 Travus T. Hipp Morning News & Commentary ('Cheap Crap' - It's The Bottom Line For 'The American Lifestyle' And China's Monetary Policy) @ Razed By Wolves
[ DoubleDouble Greezy GutBomb ]That's right... In one of the most expensive places to live in the US, with simple one-room apartment rentals in the $1,000 dollar range (Student style @ $650/month for a closet of a room in someone's house with three other people is also a possibility) and also notable nationwide for one of the highest unemployment rates as well, the city is concerned about attracting a fast food restaurant paying minimum wages.
The rent will eat up more than half of the closet dweller's income.
Saturday, December 25, 2010
"Sorry... Two Words" (That Describe How Corrupt A Local Government Official Can Be) - Santa Cruz California Edition
Apparently SOME PEOPLE in the city government are upset that the pastor of the church did not respond as expected when asked to discontinue the meal citing alleged 'behavioral problems' and 'noise issues' "requiring" police and emergency service calls arising from the serving of a meal for 100 plus mostly homeless youths, over a period of TWO hours, weekly.
This is what happened... Cynthia Matthews, FORMER city council person, wrote a letter to the archdiocese of the Presbyterian church requesting their assistance in forcing Reverend Joel Miller of the Calvary Presbyterian Church to end the meal.
The Reverend Joel P. Miller was called on the carpet by the archdiocese in their equivalent of a Grand Jury and 'convicted'. He IS appealing and the potential for punitive action, including his removal as pastor of the Red Church remains a distinct possibility.
What follows is the document received under the FOIA, penned by Matthews, essentially (at least inferentially) requesting punitive action be taken against Reverend Joel P. Miller of the Calvary Presbyterian Church, Santa Cruz California 95060.
For perspective... Matthew' whine that the Santa Cruz Police Department answered one hundred plus calls in one year from the site of the meal (mostly from affluent unappreciative-of-the-impoverished neighbors), pales in comparison to the three hundred plus assistance calls received in the same year from an organic food supermarket just a block away.
There IS NO hue and cry from the Santa Cruz City Council for New Leaf Market to stop peddling THEIR wares.
SC Supervisor Cynthia Matthew's Letter To The Presbyterian Archdiocese by Auntie Imperial
It would behoove one to note that this is occurring in a town that legislates and creates, in conspiracy with development and property interests, housing and jobs for affluent transients... University students and office workers from elsewhere in the country, who can afford the outlandish rental prices (the office workers come from elsewhere in the US and are far enough away from home that they can write off the often $2,000+ rents as a 'business expense') and have little or no interest in long term planning for the socio-economic health of the city and it's permanent population, but has absolutely locked their own workers AND CHILDREN out of decent affordable housing and jobs that would pay enough to afford the housing... by city policy.
There MUST BE a violation of the State City Charter in there somewhere...
Another example of the city's intent to gentrify the city of Santa Cruz at all social cost... After the suspicious forced closure of the local veterans hall (The vets sued and won... Stand by for a resolution. More from a SC Sentinel Search)
The city also conveniently forgot to assist in the relocation of the annual Thanksgiving and Christmas meals that were staged at the Vets Hall yearly, for the benefit of local senior citizens, the homeless... travelers stranded over the holidays, and anyone else wishing to attend a community meal and consort with other folks who make up Santa Cruz society.
The city of Santa Cruz, when pressured by a large number of citizens, hurriedly allowed the use of the Civic Auditorium for Thanksgiving, but for Christmas... The feast will be served at the INSTITUTIONALIZED homeless 'shelter' (quotes intentional) at the edge of town, near the highway, where the city of Santa Cruz SURELY wishes the less-than-affluent, AKA EX-Workers, of Santa Cruz, would take the hint... pull out the cardboard and marker, make a sign saying "Somewhere Humane Please" and leave the area.
There's one word to describe people like Cynthia Matthews and her merchant/property owner pandering cronies on the Santa Cruz city council...
Corrupt Scum.
Sorry... Two words.
Saturday, October 16, 2010
Houseless: An Audio Collage... Media & Music - Skidmark Bob, Pop dEFECT Radio
Note: This mix is ONE HOUR LONG!
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Produced mixed and edited by Skidmark Bob live on Free Radio Santa Cruz 101fm http://www.freakradio.org/ Tuesdays 2pm Music by Ben Harper, Bruce Springsteen & Tom Morello, Otis Taylor, John Mellencamp, Unkle, Eric Clapton, Bruce Hornsby.
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