An Open Letter to the Santa Cruz City Council

Council Members,

I am writing to urge council to reconsider the establishment of safe sleeping zones for recreational vehicles, a concept that seems timely, now more than ever, in light of the recent finding by the California Coastal Commission. Certainly you are aware of my past interest in and support for the creation of a Safe Spaces Parking Program, (a model for which I have previously submitted for your review) and I strongly recommend serious consideration for the establishment of such program on that or other suitable model.

As you know, people experiencing homelessness who reside in campers, cars or vans comprise one of the largest demographics in our homeless community. It is far more common than we are comfortable with that unemployment and poverty forces a family to purchase such a vehicle as the only viable option to keep the family unit together. Additionally, and as reflected in the strong past recommendation from the Commission for the Prevention of Violence Against Women (CPVAW), women and members of our community's transgender population often seek the safety of vehicle residency as protection from both abuse and the threat of physical violence. The current criminalization of this condition is wrong on a moral level and reflects a lack of compassion for the simple family values and diversity that our community has historically prided itself upon. I commend for council's review the current recreational vehicle safe spaces model being successfully operated in the City of Santa Barbara which not only provides safety for its residents but also offers transitional services as part of an overall public benefit program.

From a purely legal perspective, council should be mindful that successful legal challenges to over broad or too restrictive RV parking ordinances have resulted in the unnecessary expenditure of legal fees and court costs that we as a community would be wise to avoid. Moreover, it is my view that the creation of safe parking locations would serve to ameliorate the overall lack of shelter which may well be grounds for future litigation. As council is surely aware, the Statement of Interest submitted by the United States Department of Justice (DOJ) in the U. S. District Court case of Janet F. Hall, et.al v. City of Boise, et. al (Civil Action No. 1:09-cv-540-REB) reflects a shift in federal policy away from criminalizing homelessness. And although this case has since been dismissed, the legal argument contained in the Statement is being used as grounds for ongoing challenges to camping bans in a number of cities.

Writing for the DOJ, Civil Rights Division Attorney Sharon Brett notes in relevant part “[W] hen adequate shelter space exists, individuals have a choice about whether or not to sleep in public. However, when adequate shelter space does not exist, there is no meaningful distinction between the status of being homeless and the conduct of sleeping in public. Sleeping is a life-sustaining activity—i.e., it must occur at some time in some place. If a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless. “

The Statement concludes, “pursuing charges against individuals for sleeping in public imposes further burdens on scarce public ... resources. Thus, criminalizing homelessness is both unconstitutional and misguided public policy, leading to worse outcomes for people who are homeless and for their communities. If the Court finds that it is impossible for homeless individuals to secure shelter space on some nights because no beds are available, no shelter meets their disability needs or they have exceeded the maximum stay limitations, then the Court should also find that enforcement of the ordinances under those circumstances criminalizes the status of being homeless and violates the Eighth Amendment to the Constitution” This reasoning is particularly apt as applied to the City of Santa Cruz where adequate shelter space for the number of our unsheltered residents simply does not exist.

In closing let me say that I know and respect each member of this council and believe that both compassion and good common sense are strengths you all possess. These are challenging times which require that each of us rise to the occasion and work together to create positive outcomes for people experiencing homelessness in our community.