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Selective Enforcement documented on Pacific Ave. in Santa Cruz, CA
A chance encounter with a Ranger as we were documenting the marked lack of performers and artists on the avenue led to some insight into the types of directives that law enforcement has been given by the city. 3 minute video. Full story below.
A little over six months ago park Rangers began patrolling downtown Santa Cruz, CA in part to enforce new ordinances which modify and restrict activity for anyone placing anything on the public sidewalks and open spaces of downtown Santa Cruz. These ordinances have had major implications for musicians, street performers, artists, political advocates, and anyone else wishing to use the public spaces for many forms of constitutionally protected activity (see SCMC Chapter 5.81, below). They are required to be located within a “zone” or “box” 4x6 feet in size, leave after one hour, and follow additional restrictions. These spaces have been reduced in number progressively by more than half over the last couple of years, with few viable spaces remaining. Businesses have also long used public spaces and sidewalks to display merchandise and signage. They received a letter dated July 21, 2016 (see photo, below) outlining the need for their compliance with the new laws. Rangers and Santa Cruz police issued citations for violations of these codes, and many performers, artisans, and other individuals who weren’t allowed under the new code, or weren’t “in a zone,” or were there longer than one hour, were cited. As the months wore on and the business signage and racks of merchandise began to reappear along the avenue, there has been no apparent concern by law enforcement at their daily presence (almost never “in a zone,” and often displaying “banned items”). Many individual citizens and visiting performers to Santa Cruz continue to be cited for various related “offenses,” however. Tickets we have seen have all been in excess of $300.00.
See below for additional photo documentation, the letter from law enforcement, and Santa Cruz municipal code Chapter 5.81:
This is a developing story...
See below for additional photo documentation, the letter from law enforcement, and Santa Cruz municipal code Chapter 5.81:
This is a developing story...
For more information:
https://www.youtube.com/channel/UCx1ykfZ0M...
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These anti-performer and anti-activist laws were originally designed in 1994 to go after homeless folks and peaceful sparechangers (as well as to give police broader powers to go after youth, minorities, and anyone who didn't "feel right" to businesses and police).
In order to pass constitutional muster, the "h" word couldn't be used or it would violate the 5th and 14th Amendments (equality under the law).
As the noose was drawn tighter with expanded forbidden zones and a 1 hour "move along" law in 2002/3 and further expansions in 2009, merchants continued to violate the law. According to the city clerk's office some years ago, it was never legal, for instance, for stores to put up free standing signs on the sidewalk advertising their stores. There was not even a permit process for doing so.
The "performance pens" set up by Lane and Comstock in 2014 (and then severely restricted unilaterally and behind closed doors by city staff) are routinely ignored by merchants when they display their wares, preempting more of the little public space left to the rest of us.
It's striking to me to read the July 16 letter from Martinez and Khoury, and thanks for making it public.
An obvious thing to do is to begin calling the police on various merchants and documenting what police do or don't do.
HUFF (Homeless United for Friendship & Freedom) previously considered advising merchants that we'd like them to join in a coalition to support giving individuals the same right to set up their tables as merchants have to set up their signs. Otherwise, for every citation given a street performer, vendor, activist, or homeless panhandler, there would be a specific documented complaint made out against a store owner with a display device sitting out on the sidewalk.
I'd be happy to support folks doing this.
In fact, I'll be bringing it up as an action item at the next HUFF meeting (Wednesday January 11th 11 AM at the Sub Rosa).
In order to pass constitutional muster, the "h" word couldn't be used or it would violate the 5th and 14th Amendments (equality under the law).
As the noose was drawn tighter with expanded forbidden zones and a 1 hour "move along" law in 2002/3 and further expansions in 2009, merchants continued to violate the law. According to the city clerk's office some years ago, it was never legal, for instance, for stores to put up free standing signs on the sidewalk advertising their stores. There was not even a permit process for doing so.
The "performance pens" set up by Lane and Comstock in 2014 (and then severely restricted unilaterally and behind closed doors by city staff) are routinely ignored by merchants when they display their wares, preempting more of the little public space left to the rest of us.
It's striking to me to read the July 16 letter from Martinez and Khoury, and thanks for making it public.
An obvious thing to do is to begin calling the police on various merchants and documenting what police do or don't do.
HUFF (Homeless United for Friendship & Freedom) previously considered advising merchants that we'd like them to join in a coalition to support giving individuals the same right to set up their tables as merchants have to set up their signs. Otherwise, for every citation given a street performer, vendor, activist, or homeless panhandler, there would be a specific documented complaint made out against a store owner with a display device sitting out on the sidewalk.
I'd be happy to support folks doing this.
In fact, I'll be bringing it up as an action item at the next HUFF meeting (Wednesday January 11th 11 AM at the Sub Rosa).
This is not a new story! Signs are sidewalk clutter and ADA violations that the city, police and now rangers ignore while harassing and vilifying street artisans!
For more information:
https://www.youtube.com/watch?v=UHPpOLOG0-k
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