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Indybay Feature

Human Rights on the Street--Santa Cruz style

by Robert Norse
Though they could offer no legal place for the homeless sleepers to stay, police showed up three times and ticketed four people with $97 citations early Sunday morning in front of Borders. Chalked messages by a local sympathizer memorialized the spot with such old favorites as "End the Sleeping Ban" "Sleep Deprivation is Torture" and "Human Rights Violations in Santa Cruz". The four homeless travelers said they were planning to leave town the next day, but were happy to support the rights of poor people to sleep--not anywhere and everywhere, but...somewhere.
As mentioned on the calendar at http://www.indybay.org/newsitems/2008/12/04/18553665.php a small band of homeless advocates set up a table to copwatch, serve food, and sleep overnight on Pacific Avenue in front of Borders Bookstore Saturday night.

We set up next to an electronic dulcimar performer from Berkeley, Michael M. and a public astronomer offering glimpses of the halfmoon. Numerous Saturday night street folk joined us including Muchocorazon Mario, Beggarbacker Becky, "Great Scott!" Gary, Mossyeyes Mia, and Jovial John O.

Jumbogumbo Joe Schultz showed up early with succulent soup that went quickly. Merryheart Michele provided a hefty bag with dozens of small sandwiches. Cosmocruz Coral wielded a videocamera. She, Nightside Naomi, and Bashful Bernard tabled, socialized, took reports off untoward police behavior, and stayed for most of the night--both in vehicles on on the sidewalk--even as the night grew colder.

Jon from Poland, and Tania, a sex-worker, also kept vigil through the evening.

Some homeless folks were particularly vocal, so much so that Sgt. Bush and Officer Winston arrived to "mellow things out." Winston requested folks move to sit next to the wall rather than against the Borders window. When he returned later,, he demanded the six people sitting there move out into the colder windier area 14' from the closed store.

The Rotkin-Mathews Downtown Ordinances make sitting in these forbidden zones a crime (enforced almost exclusively against homeless and street people), even though this creates both more of a traffic and safety hazard than having people sit up against the building. The apparent rationale is making things more uncomfortable for those sitting, since blocking store entrances was already illegal before the law was passed in 1994 (and tightened in 2002-3).

Two men, "Blast the Blarney" Billy and "Rubblehugger" Robert declined to move from their warmer spot near the building and got $100-200 ntickets from the ever-militant Officer Winston with Sgt. Bush looking on. The two blueshirts then strolled off, leaving the scofflaws seated in relative peace.

Few police were actually patrolling Pacific Avenue that night, or at least, they didn't pass by the Borders Sleepytime Copwatch. Some of us credited our Copwatch presence, tape recorders, and videocameras with the decreased police presence.

There was a stabbing reportedly some blocks up the street near the Catalyst or thereabouts, so perhaps police were actually investigating real crimes. Some mused that camerashy coppers were simply avoiding unnecessary publicity, perhaps feeling they were not at the Saturday best for indybay.org.

Sometime before midnight, Bathrobespierre Robert (that's me) held an impromptu "Know Your Rights" forum, loosely modeled on the more colorful, better scripted, and more intensive Free Skool class given by Rico and Jason. Folks were advised to respond to police contact by asking "am I free to go?" (or perhaps in the case of the wake-up, "am I free to go back to sleep?") and adding "I do not consent to a search", "I have nothing to say" and "where's my mouthpiece?" (i.e. "I'd like to speak to an attorney").

Once folks bedded down, however, it was a different story. Around 3:30 AM or so, Officer Inouye rousted sleepers with the warning that he'd be returning with a hungry ticket book soon. Four sleeping there ignored the warning, a fifth continuing to read and write in a notebook.

Within an hour Inouye returned with another officer in a second squadcar. They rerousted the sleepers, declined to give them a place to sleep. One sleepy man asked to be taken to jail immediately so he could finish his night's sleep in peace. The officers declined, but said they'd be back to arrest within the hour.

They were--this time with three officers and squadcars. At one point even a fourth car arrived, shining its headlights on the stubborn sleepseekers. The constables demanded the group move on--but would not tell them where to go. Finally, the four moved their possessions 14' away from the building and huddled, insisting that they had a right to be in public spaces and to sleep...somewhere.

Obviously these foolish folks were unacquainted with how the Santa Cruz police deal with such foolish constitutional claims. Some of their commentary will be played on Free Radio Thursday night 6-8 PM at 101.1 FM (http://www.freakradio.org) later to be archived at http://www.radiolibre.org/brb/brb081211.mp3.

Some is all ready archived at http://www.radiolibre.org/brb/brb081207.mp3 .

The 4 refugees were all fairly recent arrivals in Santa Cruz, who expressed surprise that more local homeless didn't stay through the night (though many were around earlier). Some had explained they went to more secluded spots; others expressed sympathy but apprehension for the police.

Grifter, one of the four, later that afternoon was found keeping watch over the gear of the group outside the public library, stretched out in a day-time siesta. He was not unhappy with the outcome, though he noted security guards from Borders came out before the store opened and (illegally) threatened the group with police harassment, even though it was legally situated, and not sleeping, spitting, sparechanging, singing, or shitting.

With the true merchant "homeless, get out of town" (or at least "away from our store") agenda revealed, Grifter's drifters noted they were headed for Watsonville, Castroville, and Modesto--with some warm tales of Santa Cruz's special SCPD system for celebrating the 60th Anniversary of the UN Declaration of Human Rights.

Of the hundreds of liberals who attended the earlier ceremonies at Louden Nelson in the Human Rights Fair, very few were spotted chatting with the rabble.

HUFF meets Wednesday 9:30 to 11:30 AM at the Sub Rosa Cafe at 703 Pacific to discuss a follow-up daytime sleepout. Around noon, police harassment action will be more visible and provide useful spectacle for Xmastime tourists and shoppers in search of bargains and knickknacks. We also hope to preview proper street etiquette after you lose your job and home. Free coffee if you want it.

We hope to post video as soon as we learn how to download it. Volunteer to instruct as at 423-4833. And learn other ways you can help as well as join the next protest.
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Comments (Hide Comments)
by Rico
Awesome. Beautifully told.
by Robert Norse
Cutback COP CRACKDOWNS Not Social Services !
Stop Sleeping Ban Busts Not Youth Facilities !

MARCH to Save the Beach Flats Community Center !
2 PM Today (Tuesday 12-9) from Beach Flats Park (133 Leibrandt)

TALK BACK to the Budget Busters at City Council 3 PM
309 Center St. (across from the Main Library) !

GOBBLE Pastries with the Pasty Faces 8 PM
Recycled City Council & Public Meet & Eat at the Civic Auditorium (across from City Hall)

RESTORE Public Assembly at the Wednesday Drum Circle
3 PM December 10th Cathcart & Cedar Near the Farmer's Market

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 831-423-4833 http://www.huffsantacruz.org 12-09-08
by Works for me
So the sleeping ban is being enforced, and it served to convince three transients who came here to take advantage of our social services that perhaps this wasn't the best town to crash in?

Exellent; I hope they'll do as Robert has suggested and spread that message around.
by Robert Norse
Actually, "Works for Me", they didn't utilize any social services that I'm aware of, nor did they come to town for that purpose. Meanwhile City Council this afternoon did it's usual lockstep with the City Manager's "slash from the bottom, nibble from the top" cuts.

Meanwhile, on the streets, watch the SCPD munch up the budget as they enforce "Works for Me"s values! While more locals going homeless join the excluded and harassed on the streets.

Coming up tomorrow: HUFFmeet chat at 9:30 AM: Downtown Daytime Pacific Avenue Sleepout or Videotouring the SCPD Lobby. DrumCircle Defense at 3 PM.
by Robert Norse
I read most of the following speech at the afternoon assembly with 20+ organizations talking about local human rights violations at Louden Nelson Saturday December 6th.

Implementing the UN Declaration Locally: Our Real Job
Speech to the Human Rights Fair on the 60th Anniversary of the UN Declaration of Human Rights by Robert Norse

HUFF (Homeless United for Friendship & Freedom) and HRO (the Human Rights Organization) are all about raising taboo issues through speaking, writing, and direct action: The denial of basic human rights to people who live outside (houseless or homeless people), and poor people generally. Violations of the UN Charter in public spaces, in public accommodations and at public assemblies.

For instance: Article 3: “liberty”. Homeless people have no right to sleep at night (the City has a 11 PM – 8:30 AM Sleeping Ban for those outside or in vehicles—and shelter for less than 200 of the 1500-2000 out there). They have no right to sit down on 90% of the public sidewalks. They are forbidden to peacefully ask for money or food most of the time and in most public places—even silently, seated, with a sign. They can't park their vacant vehicles at night on the west side, downtown, or at Harvey West under City Council's “bigots' bill of rights” the “no parking after midnight” permit-parking law.

Article 4: involuntary servitude. Homeless people face jail, community service, or fines that ruin any future credit. For asserting the same rights we claim to defend here today.

Article 5: torture. David Anthony Cross , tasered to death in Santa Cruz County jail—his relatives got a $3 million settlement, but the practice of restraining chairs and tasering apparently continues—both inside and outside the jail. Adult homeless women and men face being held as “intoxicated” and released in the dead of night without protective clothing or property.

Article 7: equal protection of the laws. Watch police on Pacific Avenue target poor people for walking their dogs, sitting, smoking, playing music. The Mathews-Rotkin Council and its Downtown Ordinances defends selective enforcement.

Article 8: an effective remedy to these violations. Where? The Coonerty-Matthews City Council cut back speaking time, tweaked its agenda so working people can't attend, and rubberstamps backroom closed-door prefabricated staff proposals. The courts? Pressure to plea bargain and partiality to the police. The ACLU? Well, Mike Rotkin didn't arrest me again this year at their yearly fund raiser. I got in with my “End the Sleeping Ban” sign, but there's still a deafening Silence on that issue and the local Drug War Hysteria. No support for the local poor.

[Also violated: Articles 9, 10, 12, 13, 17, 18, 19, 20, 21,22, 23, 25, & 27.*]

Your organizations know these hard realities. How do we crystallize conscience into political power and direct action to make real change?

HUFF and HRO appeal directly to the public. We hold those responsible by name and take direct peaceful action on the streets. We flier and table in front of the responsible merchants or authorities. We urge the public to speak with their voices and their wallets. It could be Mayor Coonerty's Bookshop Santa Cruz supporting the Sleeping Ban and the Downtown Ordinances. Or Manthri Srinath's Lulu Carpenter's harassing, excluding, even assaulting homeless people. Or the Heinrich' Pacific Trading Company lobbying to spend PD money to drive away the homeless. Or Metro Security thugs ordering sitting Hispanics off the property. Or the PD refusing to release public records openly.

Join us on the streets. It that's not your cup of tea, speak up on basic issues like the right to sleep at night, to assemble during the day, to use public spaces, to peacefully sparechange, to perform music, and so forth.

Homeless WAMM patients may get the right to medicate with medical marijuana one day a year in San Lorenzo park, but what about the other 364 days when patients face the Drug Hysteria War—whose first victims are homeless people? We need to unite around basic demands 365 days a year.

The right to be treated as a human being not a piece of debris. The right to assemble and socialize—and not be driven away by Metro or police.

The right to be free from fear of arrest for essential survival needs like sleeping, setting up a protective tent against the cold, or finding a place to take a crap (no public facilities after midnight).

For these we need both adequate services and a new standard of conduct for a bloated and out-of-control police department, enabled by a frightened and timid City Council. We need organizations not afraid to risk offending their nervous political sponsors and donors—to raise issues (that's what HUFF & the HRO do, in our small way).

We need to lobby, to speak out, to walk out, and to sleep out. Tonight HUFF and the HRO will be downtown in front of Borders bookstore at Pacific between Soquel and Walnut challenging the human rights violations right here in our town. We start at 8 PM and continue through the night. Bring your car. Bring some blankets. Bring some food. Bring your cameras.

What are we likely to see? Groups of poor people being hassled for sitting down off to the side of the sidewalk (more than half the benches on Pacific Ave have been removed). Cops demanding ID, or searching through property without consent. Citations under Councilmember Mathews “unattended property” law for a backpack left in someone else's care while the owner goes to use a bathroom. Food servers ticketed for a paper cup on the sidewalk.

Religious groups told they can't set up a table and give out free literature “without a permit”. Evangelicals told their singing “disturbs the peace” and being cited for it. New fences being erected to close off public space, as at the Wednesday Drum Circle and in front of New Leaf market.

The right to have one's backpack, sleeping bag, medications with one—and not seized or made the pretext for a ticket—as police have repeatedly done in the last two months

The right to give and receive free food—now under attack on Pacific Ave. in front of Borders and at New Leaf and at the Wednesday Drum Circle.

The right to play music without being informed that anonymous merchants or residents using the police as their private security force are dictating you can not. For some this form of cultural expression is also a mode of survival.

The right to park and sleep in one's vehicle—since for many that is their affordable housing. Without being told to “move on”. A local African-American journalist, formerly head of one of the Citizen's Police Review Board—before the city eliminated it in 2003—had this happen twice in the last few months.

The right to be able to use public spaces without abuse, harassment, or criminalization. Next Wednesday at 3 PM we'll be again working to restore the right to public assembly at the Parking Lot next to the Farmer's Market. If you oppose bans on public assembly in public parking lots, join us there as well

Note: Certain portions of this speech were not read because of time constraints.


____________________________

*Articles 9 (no arbitrary arrest or detention), 10 (full equality in public hearing on criminal charges), 12 (right to privacy), 13 (freedom of movement and residence), 17 (no deprivation of property), 18 (right to practice religion), 19 (freedom of opinion), 20 (peaceful assembly and association), 21 (equal access to government),22 (social security), 23(right to work), 25 (housing and health), & 27 (cultural life).* To name only the most obvious.

Flier by Norse of HUFF (Homeless United for Friendship & Freedom) 831-423-4833 http://www.huffsantacruz.org 12-06-08
HRO (The Human Rights Organization) 831-425-4467. meets Saturdays 2 PM at Tacqueria Vallarta, Pacific & Cathcart
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