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Indybay Feature

Is California's Lodging Law (647e) Constitutional?

by Linda Ellen Lemaster
Santa Cruz County's Superior Court hears Friday, Nov 12, Constitutionality of state Lodging law 647(e) used against demonstrating sleepers from Peace Camp 2010.
While I was attempting to support demonstrating homeless and other sleepers at PeaceCamp2010, I got a lodging ticket. So now am slated to appear in Superior Court Friday, November 12, at 11 am to plea. Continued Arraignment? I have asked my Public Defender, Mark Garver, to ask for a court hearing to determine whether or not the lodging law is even constitutiuonal these days. Am told I can demurr having to say "guilty" or "not guilty" until after this hearing.

While it is hard to imagine such an antique law being constitutional, use of similar cruel tools is spreading around the country, and especially "lodging" gets applied against homeless people. I feel this resumption of laws from the past is a form of retaliation against people for their status of being "homeless" and often without money or significant property.

Another concern I felt when I first GOT a citation for allegedly trying to sleep on cement: the legal words appear to be supportive of private property and it's agents, yet the presumed crime of "sleep" occurred on public property. I believe it was selected initially by PeaceCamp2010 creators because it could be a refuge, however briefly (PeaceCamp2010 lasted over 3 months but in two locations).

Consider witnessing this hearing to determine the constitutionality of California's Lodging law: Friday, November 12, 11 am. And join me if you want, I'll be "warming up" for it in the Court/County Bldg Atrium at 10:20am, or out on the same walkway PeaceCamp2010 occupied this summer if it's warm.

Let's talk. Lives are at risk by what unfolds. This story feels "incomplete" without mention of campers' totem, Porto Potty, but you'll have to show up to hear more.
§Lodging Law Hearing at 10 am, not 11 as announced
by Linda Lemaster
I have been informed by a Superior Court clerk this hearing on the California Lodging law, 647(e) begins at 10 am Friday, Nov 12.

I will be going ahead of time, hopeful by 9:15 am in Peace plaza or the Atrium if cold, 701 Ocean St, Santa Cruz. I hope we find a few supporters and a few reporters, too? Join our Coffee Party for a few mninutes before hearing if you want.

Mark Garver is my PD, the attorney who agreed to do research and help me have this ordinance reviewed for it's appropriateness. It is being used as a cattle prod to nowhere, against homeless folks and people who are tired. For me, challenging the constitutionality of this state's old Lodging law is part of a larger goal of exposing the harms done by legislating away our social embarrassment of visibly homeless people. Maybe there is a need now to restructure society and recognize that many, many people don't have safe or even dangerous shelter every night (my estimate is over 2,000 outside people on almost any nite in Santa Cruz County).

Seems we cannot accept the obvious: criminalizing a person for her or his inevitable functions worsens every kind of problem that homeless people are stuck with, it does not resolve anything, and it puts that particular person at nearly perpetual risk of health ruin and premature death. We are our brothers' keepers, even when inflation and greed sends a different message.

There is a campaign, thanks to attorney Ed Frey, to carry some of these misdirected population control laws to a higher court, and we will be seeking a larger circle of community-wide support in order for this effort to succeed.
Friday, Nov 12, at 10 am (NOT 11 as published b4) there will be a hearing in Santa Cruz County Superior Court regarding the constitutionality of California's Lodging law,

...which has recently been used to hose away homeless demonstrators outside same courthouse.

Hearing likely in Dept 2. 10 -- ten -- am is the time confirmed by a court clerk today for Friday's hearing. Sorry for any inconvenience since yesterday.

There is more information in the earlier Indybay posting about this case. Help or witness this building toward a Federal lawsuit if people keep getting hurt and treated like animals by the state, as they have been here.

PeaceCamp2010 lives. Come early we're having a Coffee Party in plaza (or atrium if it's cold b4 hearing.
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Linda Lemaster
Tue, Nov 16, 2010 6:32PM
James Madison
Sat, Nov 13, 2010 3:08PM
Musmid the Ninth
Fri, Nov 12, 2010 2:05AM
Auntie Imperial
Thu, Nov 11, 2010 6:53PM
CV Resident
Thu, Nov 11, 2010 6:33AM
Robert Norse
Wed, Nov 10, 2010 7:51AM
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