An Open Letter to Vice-Mayor Emily Reilly

Emily:

Per my phone message to you this evening, your written commitment to the Green Party is archived at http://www.santacruzgreenparty.org/2000.questions.for.sc.city.council.htm

It reads:

"B. Homeless Sleeping Ban: Would you, if elected, move to remove the "sleeping" and "blankets" sections of the city’s Camping Ordinance, wherein ‘sleeping’ or ‘covering with a blanket’ are in and of themselves crimes?

[Your response:]

I hate the wording of that ordinance. When I read it I want to wrap myself in a blanket and march the mall!

But as a council member I would not do that. The council has to work together on this issue. Yes, I would urge the council to change that wording. However, I cannot promise that I would march into chambers upon election and make a motion to remove those clauses that night.. I am a fan of David Silva and respect his vision. Working recently with David and others to establish safe sleeping zones in the city, I was shown, in no uncertain terms, that if we are going to change any aspect of the camping ban, in even a small and seemingly innocuous way, we must prepare. We need to plan, so that we are not just responding to rhetoric with rhetoric. I hope we have a council dedicated to improving the lives of homeless people, not just making it ok for them to sleep outside, as if that solves the problem. I want to focus on solutions for our local homeless citizens, providing education, job training and building a family shelter. We must find a way to eliminate the long wait for alcohol and drug treatment. We didn’t arrive at this crisis overnight and we aren’t going to solve it overnight. We need elected officials who will commit to the long haul, who will continue to fund homeless services, look for ways to expand them AND help the people who are on the streets now to find shelter, without punishing them for being without it. My concern for this issue is also why I support Measure U on the November ballot, which will provide additional funds for homeless services."

Have you ever "urged the Council to change that wording"? If not, what changed your mind?



You are also aware, perhaps, of the L.A. Jones decision finding sleep deprivation ordinances "cruel and unusual punishment" in violation of 8th Amendment. That 2-1 decision, though on appeal, supports the ACLU lawsuit in Los Angeles enjoining the LAPD from enforcing the Sleeping Ban in Skid Row during nighttime hours.

The City Attorneys of Los Angeles and San Diego are so worried that the Supreme Court and/or an en banc panel of the 9th Circuit will uphold the lower court that they have instructed police to stop enforcing the sleeping ban at night (in L.A. this is limited to Skid Row).

During Oral Communications I have requested that our City Attorney show himself at least the progressive equal of his L.A. and San Diego colleagues. Let Santa Cruz do the same.

It also makes financial sense--which is the real basis for the decisions down south to stop arresting.

Considering your 2000 statement to the Green Party, I would ask you, "is there one more emergency shelter bed today than there was six years ago?" Is there one less arrest per month of people for sleeping or covering up with blankets? Are the winters warmer and drier than they were here? Has life become easier for poor people during that time period?

Are there more places for homeless people to park their cars at night without being ticketed for being in a "no homeless at night" zone? Since you pioneered this "no parking at night" approach in the summer of 2001, I would imagine that as a compassionate person, you feel a special responsibility towards the people you've displaced?

I know we are dealing with a new Council that is even more hostile to homeless civil rights than the old one.

Yet, when I read your words from 2000 and remembered your activism that year, I had the passing thought that you might still remember the words of your political "youth". And feel some kinship with the idealism you expressed before you attained power.

It's never too late to reconsider. The Homeless Issues Task Force resolutions of 2000 are still waiting to be given life (http://www.cabinc.org/Research/HTF FinalReport.htm).

The latest Community Assessment Project report should be on line soon at http://www.santacruzcountycap .org/ . Some of its conclusions are summarized in today's Sentinel by Matt King ("County Poor Faring Poorly"). There is a short window now before the Council adjourns for the winter. The homeless, as you know, have no such option.

Action taken now can avert suffering in December and January.

Please speak out.


Robert Norse
(423-4833).


Additional Note: The Santa Cruz City Sleeping Ban (MC 6.36.010a) makes it a crime "to sleep at any time between the hours of 11 p.m. to 8:30 a.m. in any of the following places: (1) Outdoors with or without bedding, tent, hammock or other similar protection or equipment; (2) In, on, or under any structure not intended for human occupancy, whether with or without bedding tent, hammock or other similar protection or equipment; (3) In, on or under any parked vehicle, including an automobile, bus, truck, camper, trailer, or recreational vehicle.

With the Winter Armory Shelter open, Santa Cruz will have space for less than 160 of the 1500 to 2000 homeless outside. The fine for this "crime" is $90 (including all the court assessments).