Scotts Valley Sleeping Ban Ordinance

Audio and commentary on the first reading of the Scotts Valley Camping Ban from its 12-7-06 meeting at:

http://www.radiolibre.org/brb/brb061210.mp3 (download and go to the middle of show) [Part 1]
http://www.radiolibre.org/brb/brb061217.mp3 (download and go to the last 1/4 of the show) [Part 2]


The final Scotts Valley City Council reading of the Ban will take place Wednesday December 20th, starting at 6 PM at 1 Civic Center Drive, Scotts Valley 95066 cityhall [at] scottsvalley.org.

The Camping Ban will be item J on the Consent Agenda.
I have e-mailed Mayor Bustichi letting him know some of us want to talk about the item. City staffer Tracy Ferrara told me no member of the public had publicly requested a consent agenda item be removed in 2 years.

Tracy tells me that Consent Agenda items are usually heard at the beginning of the meeting (similar to the procedure followed at Santa Cruz City Council meetings). However, Mayor Bustichi (like Mayor Rotkin) can delay items and put them on the end of the agenda, if he wishes.

Tracy notes she expects a fairly large turnout for a regular agenda item, so folks speaking before this meeting may have large audience if the Camping Ban is heard early--which is likely.


Messages for the City Council and Mayor can be left at 440-5600.

To reach individual city council members (e-mail is reportedly the most effective way) consider the following:

Dene Bustichi, Mayor Wrk: 438-2356 dene [at] bustichi.com
Stephany E. Aguilar HM/Fax 438-3583 seajems [at] pacbell.net
Paul Marigonda Hm: 439-8525 Wrk: 454-2400 marigond [at] pacbell.net
Cliff Barrett: Hm: 438-1654 cliffbarrett [at] netcom.com
Randy Johnson 438-0633 ranndo [at] aol.com

Police chief John Weiss is the main person pressing for this ordinance (it was introduced by him and not by any Council member). His e-mail and phone: jweiss [at] scottsvalley.org 440-5670


If you can't come to the council meeting in Scotts Valley, PLEASE GIVE A CALL OR SEND AN E-MAIL opposing this openly anti-homeless law, which would make sheltering yourself during freezing temperatures a crime.


Call Tenderfoot Tim via HUFF at 423-4833 if you need a ride up to the Scotts Valley City Council or want make your own vehicle available to pool at 5 PM.

The chambers were initially packed for some youth awards, followed by the swearing in of the newly elected Councilmembers. Two Councilmembers were reelected with no opposition. The Council then recessed for cake and punch.

Everyone was friendly. We hobnobbed. Mayor Bustichi agreed to follow what is apparently their usual practice and give five minutes to me for representing an organization (HUFF). Police Chief John Weiss surprised me by greeting me by name, saying he'd read the HUFF website (http://www.huffsantacruz.org). He even lent me his expensive-looking pen for much of the meeting.

Unfortunately, as I'd feared (and perhaps anyone could have reasonably expected) we were dealing with both (a) genteel bigotry thinly coated with a compassionate veneer, and (b) a done deal.

Four of us addressed the City Council up there--all of us for the first time: Tim Rumford of Humanity for Homeless, Bob Patton of the Human Rights Organization, me, and Matt Marks--a Cabrillo College activist who had led other students to oppose Santa Cruz's Parking Garage Paranoia Law (the 15-minute trespass law now being enforced against food servers who try to feed homeless people out of the rain).

Since the entire meeting was captured on tape and went out on Community TV (see my comments above under "Bigoted Voices"), gluttons for punishment can check out the discussion. The Mayor was courteous and un-Rotkinesque in allowing us all the speaking time we wanted (3-4 minutes each), even without flashing organizational credentials. Perhaps that was because it was the first time we spoke. We'll see if that respectful attitude continues tomorrow (6 PM on Channel 25 Wednesday 12-20).

While paying lip service to "inadequate shelter concerns", legal challenges (see "The L.A. Struggle Over the pro-homeless Jones decision and its implications for Santa Cruz" at http://indybay.org/ newsitems/2006/12/13/18337589.php), and freezing winter weather, the Council voted unanimously to pass the complete ban on all camping on all public property.

Justifications ranged from "we're helping them move from non-existent services here to Santa Cruz's emergency shelter program" to "they should just get a job." Concerns raised were environmental degradation of the creeks, untidy or unsanitary campsites, scaring the women and children (by being homeless), drinking, and drug use.

Though mentioning he'd had 75-100 contacts with campers in the last two years, Chief Weiss didn't give any figures on arrests or citations. There was, in fact, no clear stats justifying such a massive criminalization of anyone without the means to find lodging.

Weiss insisted they needed a new law because Scotts Valley is a "safe" area--the only city of the four cities of Santa Cruz County without a camping ban.

In 18 years of homeless activism in Santa Cruz, I have never advised anyone nor heard of anyone being advised to go to Scotts Valley "for safe haven". Has anyone else? Rather I've heard that the police up here (Chief Weiss's helpful and friendly manner notwithstanding) are pretty harsh on ordinary citizens, not to mention homeless people.

Councilmember Paul Marigonda is also a district attorney in Santa Cruz (who has prosecuted me unsuccessfully for various protest activities). He is aware, I am sure, of state law 647j, the anti-lodging law.

This nasty law makes it illegal if a person “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.” It has been used in Berkeley, San Diego, San Francisco, and Sacramento to harass homeless people. It's freely available to the Scotts Valley police.

It is a misdemeanor and the proposed Scotts Valley City Camping Ban is an infraction. This would seem from one perspective to be more humane since misdemeanors are punishable by fines of ujp to $1000 and 6 months to a year in jail. However misdemeanors are also harder to prosecute and require the County to provide a public defender and a jury trial. So they're more likely to be dismissed because more expensive for the County.

Infractions, which supposedly don't involve jail (though many have gone to jail for Failure to Appear or Failure to Pay), don't allow you those privileges and are heard by assembly-line officials not judges like "Bad Law" Baskett of Dept. 10.

Sidenote: a recent decision by Presiding Judge Heather "Mockery" Morse implements a recent state law that transforms Failures to Appear and Failures to Pay on infractions from warrantable offenses to civil matters that are sent on to collection agencies (with an added fee of $300 for you to pay).

The County anti-camping ordinance is also available: (Provision 9.70.620 Overnight Camping Prohibited states "It is unlawful to camp overnight or to occupy a mobilehome or recreation vehicle parked overnight upon any highway, street, or alley, including the right-of-way, except for emergency purposes.")

So what are the Scotts Valley authorities doing passing another law in the dead of winter (five days before Xmas, in fact)? And to deal with SIX problem campers ? (see Chief Weiss's report above)

Chief Weiss's slide show of bad campers mostly included campsites on private property--which apparently is his real target. Santa Cruz City law criminalizes camping (and sleeping and covering up with blankets) on much private property. Council discussion seemed to indicate this law was a step towards a private and public property camping ban.

It's not clear where the pressure is coming from. I put in a call to Weiss today in search of more information, but he hasn't called me back yet.

Most of these laws come out of the Police Department (Santa Cruz's did, for instance, back in 1978). Like Bush and Clinton's anti-terrorism acts, they're supposed to provide "more tools in the toolbox" for police agencies.

Not one member of the Scotts Valley public or the Scotts Valley City Council responded to the obvious question "where are homeless people in Scotts Valley to go?" except perhaps to drive them on to other cities like Santa Cruz.

There was no meaningful acknowledgement of the near-total absence of any emergency shelter in Scotts Valley (a woman outside spoke of a church that sometimes provides some space for a few).

It was the usual terror imagery of "drunks, skunks, and bums". The same kind of language used to segregate and delegalize Jews in 30's Germany. And the same pious kind of folks are looking on.

The words "mentally ill" were never raised. Any discussion of rents or wages was completely off the table. There was no dissent on the Council, though the Mayor did suggest that perhaps somewhere down the road someone might look into opening a trailer park.

Those locals who did speak were outspoken in their fearmongering and bigotry, suggesting that those without shelter had only themselves to blame and should be driven on and out.

The kicker here, which we'd hoped the Council might consider, is the Jones decision in L.A. which has already persuaded L.A. and San Diego to stop ticketing and/or citing homeless sleepers, at least in certain areas. Scotts Valley seems intent on a law to terrorize them out of town. Or to get rid of the Sinister Six anyway.

Also absent from the Scotts Valley City Council meeting were any homeless people or regular service providers. Homeless Service Center Director Ken Cole, Community Action Board Shelter Project Manager Paul Brindel--were conspicuously absent, while another law is put in place that punishes poverty and creates additional health and safety hazards both for the community and for the homeless.

Phone in to the Council at 440-5600 or e-mail them at cityhall [at] scottsvalley.org.

While you watch, others are driven further and further into a criminal status into conditions where they can't access what few services exist, can't sleep together safely, and can't use police services when they themselves are victimized.

For Tim Rumford wrote an eyewitness gut reaction to the Scotts Valley City Council's genteel bigotry at http://indybay.org/newsitems/2006/12/06/18335394.php

It reads:


Scotts Valley joins the ranks of Santa Cruz and passes their own sleeping ban
by Tim Rumford

Thursday Dec 7th, 2006 5:01 PM

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.

http://www.humanityforhomeless.blogspot.com

Call Tenderfoot Tim via HUFF at 423-4833 if you need a ride up to the Scotts Valley City Council or want make your own vehicle available to pool at 5 PM.

when you live in the town then you may have a say in how it's run. if not stay home.

For Thomas Leavitt's coverage of a news article describing bigoted San Lorenzo Valley measures targeting homeless use of a public park in Felton, check out: Scotts Valley Banner Press Coverage of Eviction of Homeless From Felton Park at http://indybay.org/newsitems/2006 /12/20/18339139.php

For a hometown media description of the initial 12-6 Council discussion of the "homeless get out" ordinance, see Scotts Valley Camping Ordinance Press Links from Scotts Valley Banner
http://indybay.org/newsitems/2006/12/20/18339135.php

"The council then recessed for cake and punch". You are so funny, Robert! Love your style. It definitely wins me over when I'm insulted, even before I give anyone a reason to do so. Keep up the good fight!