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Coonerty's Camping Ban Versus the People & the Courts, Round Three

by Robert Norse (rnorse3 [at] hotmail.com )
Back to the Bookshop Santa Cruz (1520 Pacfic) for Civil Rights activists this Sunday at 2 PM July 15th. We'll be tabling, singing, soapboxing, and snacking in the Free Speech Zone next to the Statue of IWW Musical Saw Impressario and Activist Tom Scribner. Wanted: more homeless plaintiffs who want to sue the City for disturbing their peace and under the City's unconstitutional Sleeping Ban.
More snores, songs, signatures, and speeches against Coonerty’s Sleeping Ban Law in front of the Bookshop. The store is owned by Supervisor Neal Coonerty and staffed by Vice-Mayor Ryan Coonerty).

R. Coonerty is likely to be appointed Mayor by the Council in November. As a “constitutional law” instructor up at UCSC and Cabrillo, he has yet to grasp the basic principles of human rights locally in Santa Cruz. Activists from HUFF (Homeless United for Friendship & Freedom), the Human Rights Organization, and SAFE (Society for Artistic Freedom and Expression/Streetperformers Against Foolish Enforcement) will be on hand to educate the law-challenged lawyer.

The new July issue of Street Spirit, the homeless newspaper, will be available to read and sell.

We'll put you to work if you fancy it helping the Sleeping Ban Lawsuit (as we plug forward towards our fundraising goal of $10,000). (Can't come down? Give us a call at 423-4833)

Other topics likely to come up: the recent Court victory of homeless medical marrijuana user, Craig Canada, using the "Necessity Defense"; how to use the Necessity Defense; what to tell a cop who rousts you at midnight (other than "yes sir, how low sir?"); how the courts stonewall citizen attempts to get the Sleeping Ban records of victims from the last year; recent harassment on Pacific Avenue and in the Pogonip--compliments of Coonerty's secret Downtown Working Group and more.

Santa Cruz's MC 6.36.010a makes it illegal to fall asleep in your vehicle or on any public property 11 PM - 8:30 AM.

1500-2000 people are homeless each night with space for only 40 of them in the City's walk-in emergency shelter program.

About 50 citations (fine of $90+ each) are given out each month.

Homeless property and survival gear is regularly destroyed in Chief Ranger Wallace's raids. A Fresno federal judge banned this behavior, but Santa Cruz's campercrushers have ignored the decision.

We'll ask constitutional lawyer and UCSC/Cabrillo instructor Ryan Coonerty to explain his role in keeping Santa Cruz a modern "Sundown Town" (i.e. be in the City Limits at night sleeping outside or in your vehicle, face the midnight wake-up).

Why is it that "liberal" Santa Cruz refuses to do what conservative Los Angeles, San Diego, and Richmond have already done--stop harassing, citing,and arresting the homeless for sleeping.

Reached by phone yesterday (423-8939) Vice-Mayor Ryan Coonerty refused to appear in person to explain or defend his anti-homeless position. He also declined (again) to come on Free Radio Santa Cruz to discuss the Ban as a member of the City Council's Public Safety Committee, a supporter of the ACLU, and a "progressive" officeseeker.

Asked why, he said without elaborating that he didn't regard our proposed forums as "appropriate", but declined to offer any alternative other than "running for office next year" or "sueing the city."

He also refused (again) to act to release City Attorney Barisone's secret memo to the council of Spring 2006 explaining why the City's Sleeping Ban is "constitutional".

On the upside, Coonerty does answer phone calls at his home and gives out that phone number (see above) and acknowledges we have "the right" to protest in front of his Bookshop.

Ironically Bookshop Santa Cruz in the past has regularly allowed a few homeless people to sleep in its doorway at night when it's closed (though this is illegal, even with their consent, under Coonerty's Sleeping Ban).

And Bookshop Santa Cruz has had public bathrooms (for those not banned from his store) for 20-30 years, to its credit.

Progressive on a personal level, repressive in their support of unconstitutional laws, the Coonertys father and son, are typical of Santa Cruz politicians who like to look at themselves in the mirror during the day, but would rather not face the twisted image at night.

If you can't make this event, come on Monday, Tuesday, or Wednesday night to sing-along's snack-a-thons in front of New Leaf Market from 6:30 PM to 10 PM (approximately).

Or check out the Human Rights Organization meetings at the Firefly Cafe at the Beach end of Front St. where they meet every Saturday at 2 PM.

HUFF itself meets Wednesdays 9:30-11:30 AM in the breezeway between the County Building and the Courts near the Espresso Cafe coffeecart. All are welcome.

Previous stories and demos:http://www.indybay.org/newsitems/2007/07/05/18433388.php
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by cp
Yes - the newspaper last week mentioned an accident case where someone in a sleeping bag rolled down off the cliff because he had been sleeping in the ice plant area bordering the cliffs by west cliff drive. It seems like if you pull out a map and try to mark off spots that one could legally exist without securing an apartment, all the private houses are off limits, downtown and other business areas don't want anyone loitering on the sidewalk, there is this big initiative to clear them out of the large wilderness parks, the roads away from housing in low-density business areas all ban parking after 11pm due to previous problems, so this essentially leaves living in vehicles driven into single family house areas after dark hoping no one will notice, and also marginal space that isn't really a park, such as road medians and areas edging the sea and wetlands.
by Robert Norse
The Human Rights Organization and the Sleeping Ban Lawsuit Committee of HUFF got another seven potential homeless plaintiffs on Sunday afternoon.

I also recorded a number of brief interviews which I'll be playing on Free Radio Santa Cruz Thursday.

Police arrested at least three people downtown in connection with increased downtown enforcement: two were apparently incident to "biking the wrong way" (they found a warrant involving drug use in one case which the victim said had been taken care of).

Jason Paschal, a tarot card reader, was arrested when he was protesting outside O'Neill's Sports Shop across from the Cinema 9.

Paschal, an outspoken African American guy, recently returned to town after a year's stay-away order from Pacific Avenue (he was told he could only enter shops "by the back door").

Paschal is outspoken and roughhewn (to say the least) in his aggressive presentation towards the public. When angry, he uses inner city street vernicular ("cunt") without apology.

He was the target of repeated harassment by Sgt. Loran "Butchie" Baker five years ago for medical marijuana use.

He reported being spat upon and called a "nigger" and told to get out of town by someone who came out of O'Neill's. He called the police, made a complaint, and was himself arrested for "disturbing the peace".

Released an hour letter without his diabetes medication, Paschal said, he demanded Officer Hoppe (one of the arresting officers) contact his sergeant to secure the video tapes from O'Neill's to identify the suspect who spat on him.

Steve, a friendly witness, felt that Jason was not disturbing the peace and that he was being treated with invidious discrimination by police.

Other street observers suggested Jason was "over the talk", abusing those coming in and out of O'Neill's, and expressing too much negativity.

Video-journalist Becky Johnson videoed some of the accounts. I recorded others which I'll play Thursday 6 PM-8 PM on Free Radio Santa Cruz.

I encourage anyone with more information to contact HUFF at 423-HUFF.

How have police been treating you downtown lately?
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