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Downtown Merchants, Councilmember Coonerty Will Be At Ten Minute Law Meeting

by Robert Norse
Merchants at the Tuesday morning (3-21) monthly meeting of the Downtown Association discussed the Ten Minute Trespass law. They heard from City Council member Coonerty and decided to attend the Thursday morning (3-23) 8:30 AM Downtown Commission final hearing. The merchants will then meet again after the DC hearing (probably around 10:30 AM) on 3-23 to make a final decision on whether to support the anti-homeless law.
DOWNTOWN ASSOCIATION MEETING

Human Rights Organization activist Bob Patton and I spoke to the group of merchants, urging them to deep-six this bad law.

There was some spirited debate in the meeting, chaired by Downtown Commissioner and Atlantis Fantasyworld owner Joe Ferrara.

Ferrara gave a speech beginning "Fellow Anarchists" at the preview showing of the anti-fascist movie "V is for Vendetta" and told me he wouldn't vote for a law that would be selectively enforced. Yet at this meeting he not merely did so, but seemed to steer others into doing so.

COONERTY SPEAKS
Councilmember Ryan Coonerty--one of the main movers of this law--gave the same pitch to the Downtown Association that he gave to the Downtown Commission last week. He described himself as a civil liberties instructor and a lawyer. He reassured everyone there were no civil liberties problems with the ordinance.

In so doing, Coonerty joins the ACLUers-for-More- Police-Power led by former Mayor Rotkin, who is on the Board of Directors of the local ACLU), and Sheila Coonerty, Ryan's aunt, who did chair the Downtown Commission, and co-chairs the ACLU. I find this bizarre, disturbing, hypocritical, but not really surprising.

MERCHANT DOUBTS DISMISSED
A number of merchants asked again if existing laws didn't cover problems in the Parking Lots and Garages. They asked why the issue was being rushed. They asked where the documentation was that clarified the "criminal problem" and how this would solve it. Ferrara explained that all would be explained if folks came to the Downtown Commission's second special meeting on Thursday.

Two special meetings of the Downtown Commission within one week devoted to one subject alone shows you how determined Coonerty, Mayor Cynthia Mathews, Parking Authority Chief Farrell, the SCPD, and City Attorney Barisone are to push through this law fast.

In fact, Farrell acknowledged there will be no substantive change in the law come Thursday. There isn't likely to be any additional documentation either.

KEY DOCUMENTATION STILL LIKELY TO BE MISSING
So the key documentation of the written record of actual problems in the Parking structures, copies of citations issued, and the broader picture of crime elsewhere in the city for comparison will still be missing.

In what felt to me like a steered vote, a straw poll of the Board
was taken finding support for the ordinance 7-3 or thereabouts. They made a decision to delay a final vote for two days until the next meeting (at 10:30 AM Thursday morning or whenever the Downtown Commission meeting ended--whichever was soonest).

This seemed to run over the concerns by a number of merchants that the whole process was rushed and the law unnecessary as well as consuming too much time.

There also seemed to be a focus on defending or attacking the law instead of considering alternatives.

CRITICAL SPEAKERS WANTED
Since merchants will be at the Thursday meeting probably wanting to speak, I encourage CRITICS OF THIS LAW to reappear and bring friends to speak further, particularly if you have new issues to raise.

Councilmember Coonerty suggested the law would probably NOT be on the Council's 3-28 agenda, but later told me that it depended on what Mayor Mathews decided to do.

The agenda should be out on Thursday night--probably in the main library. I will try to announce it on my Thursday evening Free Radio show at 101.1 FM 6-8 PM.


SUBSEQUENT COONERTY MEETING

I later met with Coonerty to get some more information. He said he might agree to extend the 10 minutes to 20 minutes, and add a "warning" provision. But he seemed rather tightly committed to a new law that fundamentally removes 8 blocks of city space ANY use other than parking.

He didn't see this as a fundamental change in how parking lots and garages are actually used in Santa Cruz. I found it really hard to understand how he couldn't see this would be a basic change in how people have used these public spaces, as well as another dark shadow of police enforcement for not just the homeless but the whole community.

One of his concerns was bicycle disassembly, which he thought might involve stolen bicycles. When he called the police, they wouldn't respond because it "wasn't illegal" to disassemble a bike. I suggested that he might limit the ordinance to car repair and bike disassembly, but he rejected that.

GROUPS "TAKING OVER" PUBLIC SPACE
Another Coonerty concern was the apprehension he found constituents had going downtown faced with groups of people "taking over" parts of public space. He didn't feel there was any "traditional" Santa Cruz use of parking lots and garages except for parking. So he felt that making that explicit and legally enforceable was no problem.

This has already been the justification for installing change-making machines, removing benches, planting flowers along fences, putting spikes on cement boxes, making planters unsittable, and setting up private leased areas like that in front of New Leaf Market. I guess it's only the merchants that will be allowed to "take over" spaces.

I pointed out that Santa Cruz was not Santa Barbara (the only other city that has such a law that we've heard of) and that traditionally free association in public spaces is a high priority and community value. He didn't find this persuasive, saying there were parks and sidewalks that could be used "as public forums".

I replied that after dark such use was highly limited, and that spaces were continuously being contracted what with "gentrification creep". He didn't seem to regard it as a concern.

ALTERNATIVE PROPOSALS
I suggested Coonerty consider proposals by Commission and CPVAW members for increased lighting, perhaps monitors in two of the four parking garages that don't have them, increased funding for Parking Attendants, signage urging the community to be more watchful and use cell phones (sorry, Marilyn).

He seemed rather focused on the Ten Minute law, claiming it had first appeared in November and was still waiting for consideration now in March. He didn't seem terribly concerned that four months later, there was still no clear documentation of the "criminal problem" the law is supposed to address.

I feel this conscious casual neglect to provide statistics shows the arrogance of the SCPD and/or Parking Authority that's pushing this law. They are so confidant of their inside track, they don't need to present any hard evidence--similar to how they pushed through the Downtown Ordinances.

It's in the same category as the SCPD appointing Deputy-Chief Vogel to investigate himself, an outrageous decision and one that wouldn't pass the "straight-face" test. They must feel no one's watching, no one cares, or no one will be able to do anything. Since the SCPD is asking and the Mathews-Rotkin Council is in power, why bother with documentation if you've got the votes?

MORE PROBLEMS AT BOOKSTORE THAN IN PARKING LOTS
Interestingly enough, Coonerty admitted there were seven times as many "problems" in the Bookshop Santa Cruz per month where he works in terms of complaints of sexual harassment, theft, vandalism, etc. as he got from the parking lot area by employees, customers, and members of the public. I didn't suggest we institute a Ten Minute rule on the sidewalk near the store or near bars, but perhaps I should have.

SATIRICAL FLYER
At the DA meeting, Bob distributed a satirical flyer--the text of which I recreate below. In the final form, it actually looks like an official city flyer.

I think it would be good to distribute the flyer to tourists coming in and out of parking garages and/or businesses. Check it out.

Here's the rough text of the flyer, but hopefully Bob will be able to post it in downloadable form:



PARK SAFELY IN SANTA CRUZ !

Santa Cruz has an strict parking fine policy.
It is one of the few cities that requires feeding a parking meter as late as 8 in the evening, even Sundays.

A new law soon to pass City Council will make it illegal to walk across a parking lot or enter a parking lot garage unless you are parking a vehicle (car or bicycle).

You may enter a parking lot or garage if you have parked or are parking, provided you exit the parking lot within 10 minutes.

The proposed law current reads:

“Any person who uses a City of Santa Cruz parking lot or garage for purposes other than motor vehicle or bicycle parking ... or who remains on City of Santa Cruz parking lot or garage premises for longer than ten minutes...shall be guilty of trespassing, which offense shall be punishable as an infraction.”
---proposed new City Council chapter 9.64

Cost for violating this law: $100-$1000 per citation.

Violation of MC 9.64 is more serious than a parking ticket.
It is a criminal infraction, but is not as serious as a misdemeanor.
The law will probably go into effect in early May.

There are free parking areas across the river to the East.
A small walk may be required.

If you park, please assist disabled, elderly, and younger family members to enter and exit the lots and garages swiftly.

Please make sure your vehicle is empty of all passengers.
No one is permitted to remain with the vehicle.

Please report anyone without a bike or vehicle to the police.
Help exclude homeless vagrants using garages to avoid the rain.

Save Yourself a Fine and a Trip to Court.
Park Wisely. Shop Safely. Help Your Local Police.

Flier by HUFF (Homeless United for Friendship & Freedom) 831-423-4833 309 Cedar #14B Santa Cruz, http://www.huffsantacruz.org 3-20-06
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by Robert Norse
SECOND SPECIAL MEETING
Downtown Commission met Thursday Morning--its 2nd special meeting within a week, in order to speed the parking lot/garages-trespass law freighttrain on to City Council.

The process was pressured by Councilmember Coonerty and Mayor Mathews, with no serious discussion of alternative solutions and no recognition of the drastic change in traditional Santa Cruz policy regarding 8 blocks of public space.

CRIME STATS STILL MISSING
There were still no statistics available indicating the amount of crime going on in parking garages as compared with elsewhere in the downtown area.

Nor were there any stats whatsoever on parking lots (as distinguished from garages). The Commission jovially voted to criminalize any entrance onto a lot or garage without a car or bicycle.

ACLU/MERCHANT CYBORG COONERTY BEAMS ON
Untroubled and smiling, ACLU co-chair, Commission member, and merchant apologist Sheila Coonerty decided that the fears of the women she'd spoken to outweighed their right to use public parking lots and garages on their own schedule--not that of the SCPD, the Public Works Department, and/or that of Parking Lot attendants.

Coonerty's resolution, which passed 5-1 (Kathy Bisbee, to her credit, dissenting) forwarded the Barisone law to City Council, contracting use time in the parking lots from the current "as long as you like or need" to 15 minutes, suggested the police give a warning, and asked for a report back in a year.

PHONEY FERRARA FORWARDS THE TRESPASS LAW
Atlantis Fantasyworld owner Joe Ferrara, who also chairs the Downtown Association--the merchant association that gave us the Downtown Ordinances in 1994, denounced selective enforcement and the city's failure to give them enough info, then heartily supported the measure and forwarded it to City Council. His point: the police would have a "necessary tool" to force people to leave who were not engaging in visibly criminal activity.

I was so upset with Ferrara, that once the meeting had ended, I loudly and publicly denounced him as a hypocrite. Jovial Joe shrugged it off with a grin and slipped back into conference with his cohorts.

Ferrara's Atlantis Fantasyworld was one of the businesses in 1994 selected for boycott after their support for the "no sitting" law and the host of other anti-homeless edicts cooked up by then- Councilmember Neal Coonerty, backed up by Rotkin and Mathews.

No one called on local ACLU activist Don Zimmermann, who sat patiently in the 2nd row, preferring to rely on City Attorney Barisone, Parking Lot Manager Matt Farrell, and Deputy Police Chief Kevin Vogel.

HOMELESS SERVICE CENTER SUPPORTS HOMELESS EXCLUSION?
Matt Farrell did make the surprising though vague report that Homeless Service Center [HSC] workers had posed no objection to the law “as long as it was fairly enforced.” Would homeless tramps seeking shelter from freezing rain and soccer moms waiting for their kids in their cars be given the same treatment? The question dissolves in absurdity even as you ask it--particularly when the newer stats show that the biggest “category” of “Public Service calls” was for “camping”.

It's interesting that this HSC complicity (if it's been accurately reported) comes at the same time that homeless are driven away from the HSC during the day.

REPLAY AT YOUR LEISURE
I'll be playing the whole shameful charade on Free Radio Sunday March 26th shortly after 7:30 a.m. It will be archived at http://www.huffsantacruz.org under "Bathrobespierre's Broadsides".

PROTESTERS PRESENTE!
SAFE street performers Valerie Christy, Greg Montoya, Michael Pentacost and Coral Brune provided musical support. Christy made oatmeal. I provided some signage such as "Ten-Minute Tyranny", "Locking Up the Parking Lots Makes Us Less Seure More Stupid". Others abandoned nicities and held up signs like "Fuck Your Fascist Laws." In the audience were a variety of merchants as well as Grant Wilson of Art and Revolution. No indymedia or FRSC reports (other than me) put in an appearance.

No public comment was allowed. To give the Commission their due, they did not give any special recognition/attention to the merchants who came to watch, who had not spoken at the last meeting. They didn’t need to. There was no serious interest in challenging the law, just in finding reasons to buttress it for the upcoming Council meeting.

The Downtown Commission discussion took about an hour and three quarters. It was not broadcast but was taped by the secretary.

I suppose this is a step up from City Council’s Public Safety Meetings (Rotkin, Coonerty, and Porter) which don’t even record their meetings. This little coterie of SCPD sycophants blindly “oversaw” the police for the last three years, allowing infiltration and snoop operations against peaceful protests. They’ve given Chief Howard Skerry free rein and muzzled public discussion.

SECURITY THROUGH SUBTERFUGE?
The Downtown Commission showed little interest in determining how the community felt about surrendering so much public space in exchange for an imagined increase in security (with no increased security patroling).

In effect, the whole thing seemed a kind of insulting bluff on the public. The new game plan: create a law to drive away undesireables by making it criminal for all people to be there. Don’t appropriate any additional money for enforcement. Rely on the power of an intimidating fine to persuade people go give up their traditional right to a laissez-faire use of the lots and garages. Find another law to criminalize where the undesirables go next in order to harry them further.

Meanwhile more and more power is being given to petty tyrants like Pam Bachtel, the Community Service Officer with the ravenous ticket book. And people are being persuaded to rationalize and police their own exclusion from public spaces built with their own tax dollars.

HOMELESS CLEANSING MADE EASY
Matt Farrell explicitly admitted that they put in a change-making machine at Elm and Pacific (the third within a 200’ radius) to drive away the grungies from Punk Corner next to the Union Grove Parking lot. Now that they’ve moved to the Catalyst parking lot, no doubt Farrell has new schemes afoot to harass them further.

MERCHANTS HOLD CLOSED MEETING
Joe Ferrara and a small coterie of downtown merchants had previously had an open meeting of their Downtown Association (the merchant group that gave us the Downtown Ordinances). On my arrival with two other homeless people, Ferrara suddenly announced they were meeting in closed session. Though they weren't discussing litigation or personnel matters (the usual reasons for closing meetings), they refused to allow us to remain.

Human Rights Organzation activist Bob Patton parked his vehicle in the parking lot garage near the window where the Downtown Association cabal was meeting with a large sign denouncing business bigotry, and ostentatiously began putting fliers on cars in the lot ---an action that would be illegal under the new law, unless you were parking your own bicycle or vehicle in the lot.

FUTURE ACTIONS?
Activists discussed a Critical Mass bike ride through the parking lots flyering cars (another activity that would become illegal under the new law).

Another suggestion was a poll asking specifically if women in particular supported (a) a law that would limit their right to be in the cars to 15 minutes; and (b) a law that would ban them from walking through a pf determine how people actually feel about a law that would make so drastic a change

Another suggestion was a poll asking specifically if women in particular supported (a) a law that would limit their right to be in the cars to 15 minutes; and (b) a law that would ban them from walking through any of the city's 24 parking lots or garages unless they had a vehicle there.

ACTION POSTPONED
The one bright note--Councilmember Ryan Coonerty confided that the Parking Lot Trespass Law would not be on the Council agenda for Tuesday. That travesty will be coming up probably the first meeting in April. Instead we’ll probably see another experiment in anti-homeless social engineering--the “no smoking in San Lorenzo and Grant St. Parks” regulation--which was rushed through the March 1st Parks and Recreation Commission meeting with zero public comment.

ACTIONS WE CAN TAKE
There’s nothing wrong with calling City Council at 420-5020 to denounce these planned “homeless relocation” plans. Denounce the Sleeping Ban while you’re at it (a more important institutional human rights violation).

But if we want to change things, we’ll have to organize in numbers with a variety of different groups--perhaps plan a massive ticketing of tourists, CD occupation of parking lots and garages, solidarity sitting and singing with street performers, or renewed boycott the most bigoted downtown businesses.

HOMELESS GROUPS TO CONTACT
Those interested in coming to meetings of Homeless United for Friendship & Freedom can wander over to the courthouse just outside the metal detectors near the coffee cart 9:30 AM-11:30 AM on Wednesdays (call 423-HUFF for more info or go to http://www.huffsantacruz.org).

Equally militant is the Human Rights Organization which meets Saturdays at 1:45 p.m. at the dining bay of the Human Resources Center at 115 Coral St.
We are 100% volunteer and depend on your participation to sustain our efforts!

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