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Is California's Lodging Law (647e) Constitutional?
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.
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.
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TITLE
AUTHOR
DATE
Continued Arraignment: Lodging law used against PeaceCamp 2010 hearing continued
Tue, Nov 16, 2010 6:32PM
Denial of Sleep is Unconstitutional
Sat, Nov 13, 2010 3:08PM
Good luck with that
Fri, Nov 12, 2010 2:05AM
What makes this law unconstitutional is...
Thu, Nov 11, 2010 6:53PM
"Public Property" Does Not Belong to the Homeless
Thu, Nov 11, 2010 6:33AM
Check Department One as well
Wed, Nov 10, 2010 7:51AM
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