Freedom Man - All Charges against dropped against Jason Paschal

Freedom Man

Freedom Man

All Charges dropped against Tarot Card Reader,

Street Entertainer, Jason Paschal

by Becky Johnson

April 16, 2008

Graffiti in concrete on Elm St. sidewalk in Santa Cruz, Ca.on April 16, 2008 Photo by HUFF

ETCHED IN STONE

Santa Cruz, Ca. --- Outside the Elm St. Mission in Santa Cruz, the overtly racist term "nigger" is etched in stone, courtesy of the Santa Cruz Public Works Department and an unsecured piece of fresh concrete. "How long has that been there?" Jason Paschal asks two of his local friends. Neither of them know. "It shouldn't be there," he says. Jason, an African-American tarot card reader and street performer knows a thing or two about the word "nigger."

On July 15th, 2007, a man on a bicycle came up to street artist, Jason Paschal's protest table near O'Neill's Surf Shop on Pacific Avenue, said “O'Neill's been here longer than you have. Get the fuck out of Santa Cruz, Nigger!” and spat in his face. Paschal briefly pursued the man on foot, before placing a 911 call to report the assault. Police arrived and arrested Paschal instead. Nine months later, in Commissioner Stephen Siegel's court, all charges against Paschal were dropped.

HATE CRIME OR FAILURE TO DISPERSE?

Eyewitness Steve Harper, a homeless Vietnam Vet was interviewed by SCPD Vasquez at the scene. He was too far away to hear what was said. In his report, Vasquez wrote “Harper saw a bicylist ride up to Paschal and spit on him. Paschal was hit in the face with spit. The bicyclist then rode off and Paschal chased after him.”

Harper described the bicyclist as “a skinny, 6'02” white male with a Mohawk on a 21 speed bicycle.” Despite the vivid description, police were unable to locate the suspect.

Paschal was booked and released but the jail kept his insulin needles and insulin. His blood sugar levels were skyrocketing. And this was not the first time this had happened to him.

The next day, Jason himself located the suspect, Jeremy Burkett and his girlfriend on Pacific Ave. and placed another 911 call. Police arrived and were able to interview Jeremy Burkett. But he was not arrested or charged.

When police interviewed Jeremy Burkett, he admitted spitting in Paschal's direction. But no prosecution was recommended. Because 4 minutes prior to Paschal's 911 call, Bill Chapman, a shopper at O'Neill's had called police claiming Paschal “had been threatening people.” Later, SCPD Officer Vasquez interviewed Chapman and said “based on the details provided to me by Chapman, I determined that Paschal had been using offensive language that was likely to cause a physical, violent confrontation.” In his report he wrote “Paschal specifically called Chapman and his wife a “cunt.” This is odd because Chapman's wife was not accompanying her husband that day, and this appears to be the basis of the complaint. Paschal says “He came up, towering over my table, and said “What's YOUR problem?” I told him “Get the fuck away from my table, you pussy.”

Paschal was charged with two counts: Offensive words in a public place and failure to disperse. NONE of the eyewitnesses report that Paschal was asked to disperse and refused.

Chapman, interviewed by telephone on April 16, 2008 for this article, stated that on July 15th, 2008, he HAD seen spittle hit Paschal. He said “I don't think it made physical contact with skin.” When asked if that meant it had landed on Paschal's clothing he said “yes.” This directly contradicts his statement in Vasquez' police report, which says: “Chapman specifically stated that the unknown bicyclist had not spit on or near Paschal.”

Also in the report Chapman says he “did not believe that Paschal was physically threatening him.” When asked to explain the discrepancy, Chapman said “He was physically threatening the man on the bicycle. That's why I placed the 911 call. I was personally not bothered by Paschal's statements. But other people were.”

The other major point of dispute in this case is the language that Burkett used just before he spit either on or near Paschal. Chapman was standing near Jason's table and saw the altercation between Burkett and Paschal. In the police report, it says “Chapman stated that none of the people whom had been confronted by Paschal had used offensive or racial language.” Paschal says that Burkett spoke to him in pressured language and ended his statement with “Get the fuck out of Santa Cruz, Nigger!” All witnesses agree that he sped off on his bicycle when Jason gave chase.

The SCPD decided to investigate but chose to treat the case as two discreet events, despite that three 911 calls had been placed, all at the same location, and involving the same set of people and witnesses into both cases. Hence, Jason's Public Defenders were not looking at any reports of Jason as a victim of an assault, battery and possible hate crime. Nor could he get any records on that investigation via his Public Defender, Kristin Carter. The case, People vs. Jason Paschal, had became about the right to say “pussy” in a public place.

CRAZY RULING

Paschal had been arrested on two charges: 415 (3) PC: Offensive words in a public place and 410 PC Neglect or refuse to disperse rioters although NONE of the eyewitnesses report that Paschal was asked to disperse and refused. At his first hearing, the DA offered to allow him to plead to an infraction with a one-year stay away order from Pacific Ave. Paschal insisted he was not guilty and demanded a jury trial. He urged Carter to obtain records on his complaint against Burkett, but Carter resisted. Paschal asked her to obtain the police reports. She didn't. Finally, Jason had her removed in a Marston hearing and Elizabeth Caballero was appointed to take over the case. In a sidebar, Judge Thomas Kelly told Caballero that Jason could plead guilty, or no lo contend re, but if he insisted on pleading “not guilty” and demanded a jury trial, he must submit to a mental competency hearing to see if he was fit to stand trial.

Paschal moved to Southern California where he set up his Tarot card reading table on Venice Beach with little interference from local police there. He continued coming back to Santa Cruz for multiple hearings.

Frustrated that his Public Defender, Elizabeth Caballero, was simply accepting Kelly's conditions without question, Paschal sought help from a lawyer in Southern California. A call was placed to the California Bar Association and they investigated. Kelly was reprimanded for ruling contrary to commonly recognized law and Paschal's case was removed from his docket. Apparently people have a RIGHT to plead not guilty and have a jury trial!! Although, Kelly was stripped of Paschal's case due to his extrajudicial ruling, he hasn't changed his ways. Currently Warren West, a long-time homeless man, is wading through hearing after hearing in Kelly's court. On Wednesday, April 23rd, 2008 at 8:30AM in Department 1, West will again appear before Judge Thomas Kelly for a scheduled mental competency hearing since he too has insisted on pleading “not guilty” and has invoked his right to a jury trial.

ROSA PARKS WOULD NOT BE WELCOME HERE

Back in July of 2002, Jason Paschal, a tarot card reader, artist, and satirist began setting up his non-commercial display device (a card table) on Pacific Ave. in locations where such activity is permitted. He immediately troubled the merchants on Pacific Ave. who often called police to complain about him for a number of real and imagined concerns. Several times, police or merchants invoked "the Move-Along Law," MC 5.43.020(2) which compels “non-commercial display devices” to be moved along to over 100 feet away after 60 minutes. This law has been enforced very irregularly since its enactment under the administration of Mayor Emily Reilly. HUFF* has opposed the law as unconstitutional in that it limits freedom of speech, and is at risk for selective enforcement against unpopular activists or shabby individuals, while kempt, respectable groups or individuals would be left unmolested.

CRIMINAL POSSESSION OF A MILK CRATE

SCPD Sgt. Loran Baker threatened to cite Paschal for harmlessly setting up his rocks and crystals atop the concrete water box on the sidewalk. When Paschal returned to Pacific Ave. with his own table on July 30, 2002, Baker had him physically arrested and taken into custody for misdemeanor "possession of a milk crate."

During Baker's arrest of Paschal (who is a diabetic), they discovered his insulin needles and charged him with a 4140 BP ; possession of hypodermic needle/syringe and for a 11364 HS Possession of a controlled substance paraphernalia when he found his pipe. Paschal also had a small baggie of marijuana and a bottle of insulin with 5 doses remaining. Baker pulled the needles out of Jason's backpack, held them up above him to show to anyone passing nearby on the sidewalk and said "Is this what we want in our town?

Fearing an arrest for a pending warrant for a marijuana charge in New Hampshire from 1998, Paschal gave a false name. For this, he was tried, convicted, sentenced, and served 10 days in jail. In addition to suffering from diabetes, Paschal has a neurological disorder as well as epilepsy. All three conditions are helped by use of medical marijuana. So the narcotics paraphernalia and marijuana possession charges disappeared since they were entirely groundless in the first place.

TAROT CARD READING WITHOUT A LICENSE

On another occasion, Officer Willie Brandt gave him a ticket for giving a "Metaphysical reading without a license” when he performed a tarot card reading for a donation. The City of Santa Cruz does not issue Metaphysical Licenses! Those charges were eventually dropped “in the interest of justice.” Paschal is self-supporting and does not utilize traditional homeless services. He pays for his own food and shelter on a daily basis and does not consider himself homeless. He accepts donations for his psychic readings, and to date no client has filed a complaint against him for fraud.

DEFACING NEW HAMPSHIRE

This was Sgt. Loran "Butchie" Baker's mission: to run Jason Paschal out of town. Rather than apologizing to him for seizing his needles and insulin, and fully aware that Paschal was a legitimate medical marijuana user, Baker continued to press for a way to remove Paschal from downtown. Though frustrated that New Hampshire showed no interest in extradition, Baker again jailed Paschal on a 11357 (b) HS “ possession of less than an ounce of marijuana” on November 7^th, 2002. The case was again dismissed.

New Hampshire was reluctant to send officers across the entire continent to pick up a parole violator who had already served 8 months in prison, 4 months in a halfway house, and had 8 months left to serve. All this for a single incident when as a teenager, he sold half an ounce of pot to an undercover agent. A person awaiting extradition can only be held for 30 days. So Baker held him for 30 days. But still, authorities there failed to performing an extradition. Paschal was again released.

But Baker did not give up. January 17, 2003 he had Jason arrested again for possession of marijuana. He continued to call multiple agencies in New Hampshire and demanded they come and pick up Paschal. They didn't. After 30 days, Paschal was released again.

On April 1, 2003, Baker jailed Paschal, this time for only the old warrant and put New Hampshire on his speed dialer. On May 3rd, Baker's campaign paid off. New Hampshire agreed to send federal marshals to transport Paschal back to serve the rest of his sentence for that half ounce of grass sold five years before.

Marijuana plant at WAMM parade in Santa Cruz, Ca. 2005 Photo by Becky Johnson

Ironically, as Jason Paschal, a legitimate medical marijuana user sat in jail awaiting extradition to New Hampshire, a non-medical marijuana state, Mayor Emily Reilly and Supervisor Mardi Wormhoudt held a press conference in front of the Santa Cruz County Courthouse to support a lawsuit by the Women and Men's Alliance for Medical Marijuana (WAMM) against the Federal DEA seeking an end to raids on patients' gardens. New Hampshire Deputy's arrived and transported Paschal in chains back to a New Hampshire prison. On May 3rd, the day he arrived back in New Hampshire, the iconic granite "Old Man of the Mountain" stone face, memorialized on the NH state quarter, the State Emblem, and on the 1955 US 3-cent postage stamp, slid off the mountain forever.

180 DAYS IN THE HOLE

During the four months he was incarcerated, a prison guard there witnessed a cop punch Paschal in the neck and call him a "nigger. " The guard reported the incident to the State Police who launched an investigation. As a result of the investigation, not only was the cop disciplined, but they also found that Paschal was currently serving what was to have been 180 days "in the hole" ( solitary confinement) in direct violation of the prisons' own regulations. He was released from New Hampshire 4 months early and paroled to his family home in Arkansas for the remainder of his four month sentence.

RETURN OF THE REVEREND

Over his mother's strong objections, Paschal, who sometimes portrayed himself as The Reverend Doctor Electronic Galaxy Jay returned to Santa Cruz and Pacific Avenue. Partly it was the life he had made for himself, and partly it was a feeling that he needed to right a terrible wrong that had been done to him.

LICENSE TO SMEAR

One day, a female worker at Gelatomania came over to Jason's table. She told him that the police had come into their business and told all the staff there that Paschal was a pedophile and that they should watch their children around him. She said they had been going from business to business warning people about Paschal. Since then, Paschal has been regularly confronted in public by people who claim he is a "child rapist."

(A search performed at the Office of the Attorney General's "Megan's Law" website for the State of California for the name, Jason Paschal, returned no results.)

FAILURE TO SERVE AND PROTECT

While his tarot card reading table was popular with some, others targeted him for taunts or abuse. When a man Paschal describes as a "Neo-Nazi Skinhead" sporting a shaved head and two tattoos of the SS on his arm, panhandled Jason for a dollar, he gave it to him. “But I told him "I thought you guys were too proud to panhandle. You're always talking about white pride." The man suddenly grew angry and threw rocks at Paschal who called police and filed a complaint. The next day, Jason sighted the man down near the riverbank and he again called police. They arrived and arrested the man, but no prosecution ensued. When Jason called back to see what progress had been made in the case, they said "we couldn't get in touch with you because you are homeless so all charges were dropped." Jason, who is housed, had a working cellphone the entire time and had never gotten a single call. He was furious that the police, who were so diligent in citing and arresting him, had only made a token effort to do a proper investigation when he was the victim of an assault.

Paschal went off. He marched down Pacific Ave. to the Downtown Information Center and loudly complained along the way about the racist police not assisting him when he had been attacked by white supremacist, Nazi skinheads. Several people called police to complain. Paschal eventually had a run-in with a young man who claimed his father was a police officer. That man later claimed that Jason had challenged him to a physical fight, but Paschal says it happened the other way around. "He challenged ME to a fight, and I refused," Paschal said.

BANISHMENT ORDERS

Jason was charged with disturbing the peace. Attorney Anthony Bole who represented Paschal for the misdemeanor charge, told him a disturbing story. He had been approached by Judge Heather Morse who told Bole that she had been to lunch with Judge Robert Atack. Bole told Paschal that Judge Atack said he had seen Mr. Paschal's table with a sign that said “They don't want to keep Santa Cruz weird, they want to keep it white!” Then, Paschal, not knowing he was speaking to a judge, ended up calling him "A Mormon." Atack was so put off by the encounter that he told all the judges that if Paschal ever appeared before them, they should do what they can to punish him, or get him out of town because “we don't need people like him around here.” Bole counseled Paschal to plead to the deal offered as he was sure he couldn't get a fair trial in a Santa Cruz County Courthouse. Jason plead to an infraction "excessive noise" charge along with a one year stay-away order from Pacific Avenue. Reminiscent of Jim Crow days, Paschal was told he “could continue to frequent Pacific Avenue businesses but only through the back door.”

The ruling to ban Paschal was based on a single event, not a series of crimes as the public is led to believe is necessary to produce such orders. HUFF considers stay-away orders to be medieval, the equivalent of banishment, and used far too often with far too little provocation. They are also ripe for selective enforcement against activists and homeless people.

Banned from Pacific Avenue, he left the area and returned to Venice Beach where he continued reading tarot cards for tourists there. When the year long stay-away order had expired, Paschal returned to Pacific Avenue. But it wasn't to read tarot cards. Not this time.

TELL IT LIKE IT IS

On July 15, 2008 Paschal set up his table on Pacific Ave. across the street from the Cinema Nine. This was a day of protest. Having had it with the campaign of police, merchants, and the DA to banish him from the downtown,harass him, and fail to protect him as is their sword duty, Paschal planned to tell everyone who came by his table about the injustices he had suffered. He set up his table and told people not to shop on Pacific Avenue because the merchants "were a bunch of racists" and that it was bad karma to spend their money there. Paschal was not there to make friends.

The manager of O'Neill's Surf shop, Mark Mackay placed a call to the police about a man who was urging people not to shop on Pacific Avenue and accusing the merchants and the police of being "racist." The police arrived but did not cite or arrest Paschal. Instead, they told him they had received a complaint from O'Neill's Surf shop and he now had one hour before he must "move along."

Twenty minutes later, Jason moved his table to another location, this time about 20 feet away from the door of the O'Neill's Surf Shop. From a seated position behind his table, he urged people to not spend money at O'Neill's. This caused quite a commotion at O'Neill's where two male managers, customers, and passersby congregated by the door, watching as Paschal hawked at any person coming or going.

Some kids who had been inside O'Neill's came over to Paschal's table and placed some O'Neill's Sex Wax there. He yelled at them and told them to leave his table alone.

When Bill Chapman, a customer of O'Neill's walked out of the store with some bagged purchases in his hand, Paschal told him that buying from O'Neill's would lead to bad karma. Chapman walked over to Paschal's table and towered over him. “What did you say?” Chapman demanded. “Get the fuck away from me, you pussy!” Jason told him. At that point a tall, skinny white man with a 10 inch Mohawk hairdo on a bicycle circled around Jason's table. “He came up to me and said “O'Neill's has been here a lot longer than you. Get out of town, nigger!” In Vasquez' police report, Chapman says he spat nearby. However, interviewed by phone for this article, Chapman reported that Paschal had indeed been spit upon. In either case, Paschal was arrested and taken into custody. Again his needles and insulin were seized and not returned to him when he was released after booking, his blood sugar levels soaring.

Despite Harper's vivid description, police were unable to find the suspect. Jason did that himself the next day when he spied the man on Pacific Ave. walking with his girlfriend. Jason again called police and they eventually were able to track down her boyfriend to interview him.

Interviewed by police the next day, the spitter, Jeremy Burkett, denied both that he called Paschal “a nigger” or that he spat in Paschal's face. This completely contradicts Steve Harper's testimony, that Paschal had been hit in the face by Burkett's spit.

Sgt. Baker was assigned to investigate the merits of Paschal's case, that he was the victim of an assault, with extenuating circumstances which could amount to a racially -motivated hate crime. He reported “ I have had previous contact with Paschal and know he is regularly involved in disturbances Downtown. He has been arrested on numerous occasions for incidents where he challenges other to fight or actually gets involved in a fight.” Never mind that, with few exceptions, the arrests Baker made of Paschal turned out to be bogus.

Surprisingly, Baker did not find enough evidence to charge Burkett with a crime. He did state that “if spittle did actually strike Paschal, this may have constituted a misdemeanor battery per PC 242” and mysteriously considering Harper's testimony that “there is not a witness that corroborates either side of the issue.”

IN THE INTEREST OF JUSTICE

When Paschal's first Public Defender, Kristin Carter, didn't support his decision to refuse to plea to a lesser charge, Jason fired her in a Marston Hearing. He almost fired his second attorney as well. “I am NOT going to plead guilty to a lesser charge when I did nothing wrong. If I can't say “pussy” on a public street then I have no freedom of speech at all. My whole lifestyle is about freedom. I have the freedom to travel. I have the freedom to work or not to work every day.

“I like my lifestyle. I meet a lot of beautiful people, I smoke only the best chronic, and I'm always hearing music. I work out of doors surrounded by beautiful crystals. I consider myself a mirror of society. And sometimes what I reflect is bad.

“Some people in Santa Cruz don't want to hear the negative. They try to put the negative out of their lives and only emphasize the positive. That's how neurolinguistic programming works--all they want is to think about positive comments and they refuse to see the negative. It's what “The Secret” is about. How to get everything. But the downside is they can't look at suffering going on around them. They just can't see it. They are so positive all the time that they have actually become obnoxious to be around. I kind of have to tell them to come down to earth.

“I come from a long line of fighters. I'm a warrior. I'm a spiritualist. I like to be confrontational sometimes... if the situation warrants it being confrontational.I'm a big man. I weigh almost 250 lbs. But I can't fight back physically. I have to use my words. Most of all, I cherish my freedom. I am well aware that this country started out as a Slave Nation. As far as I'm concerned, they should give the entire state of California to African Americans to atone for that.”

ALL CHARGES DROPPED

When asked if he felt vindicated that all charges against him have been dropped, Paschal said “no.” “Now I have to go after the DA and find out why they haven't prosecuted the man who assaulted me and called me “a nigger.” I have to file a complaint against Sgt. Baker for making false and prejudicial statements about me in his police report. I am considering suing several parties for false arrest, such as Chapman for telling dispatch that I had threatened him when he was only offended by my language. I feel O'Neill's played a role as well. They filed the complaint for the first “move-along” and may have instigated others as well. The whole Downtown Association bears the blame too.”

He wonders how long the word “nigger” has been etched into the sidewalk on Elm St. and how long it will take before Public Works removes it.

Becky Johnson can be contacted at becky_johnson222@hotmail.com

KEYWORDS: Stay-away orders, Move-along law, Jim Crow, Sgt.Loran Baker, Jason Paschal, Mayor Emily Reilly, Pacific Avenue, HUFF, Homeless United for Friendship & Freedom, O'Neill's Surfshop, Downtown Association, hate crime, homeless, Santa Cruz Police Department, Vietnam Vet, Mark Mackay, Bill Chapman, Steve Harper, Warren West, marijuana, Sex Wax, Becky Johnson.

This article can be reprinted for free by non-profits or not-for-profits which work for social justice.

Article by HUFF*

Homeless United for Friendship & Freedom

309 Cedar St. PMB 14B – Santa Cruz, CA. 95060

www.huffsantacruz.org (831) 423-4833

Latest version update: April 22, 2008

Below is a 2:48 minute video of mayor Alan Autry of Fresno explaining how his policy on homelessness has been a failure.

Mayor Admits City’s Homeless Plan is a Failure
By Mike Rhodes

Fresno mayor Alan Autry said "we have failed, government has failed on this issue. We are the status quo that has chosen through our wisdom over the last 40 or 50 years to pick the most expensive and ineffective, dis-compassionate way to address the homeless situation." Autry was addressing the joint meeting of leadership and planning councils of the County/City of Fresno 10 year plan to end chronic homelessness.

Autry told the task force, which was meeting for the first time, that he wanted them to develop a blueprint for how to develop a Housing First model that will provide homeless people a place to live without pre conditions. The mayor said "I’m having to change my thinking because we are talking about a home in a neighborhood where a guy comes up and passes out on the front yard. That is part of the process of getting well. There is no requirement on those individuals. I’m ready to go there."

What Autry was encouraging the task force to do is develop a Housing First program in Fresno that would take this community’s chronically homeless and provide them with decent/affordable housing. The plan was outlined by Eduardo Cabrera, HUD Region IX Homeless Agency Coordinator, who said this meeting would be "the beginning of the end of homelessness." Cabrera gave the same one hour power point presentation that Philip Mangano executive director of the Bush administration’s Interagency Council on Homelessness, gave four months earlier.

The presentation makes a powerful argument that government policy on homelessness over the last 20 years has failed to decrease chronic homelessness. The chronically homeless, Cabrera said, are only 10% of the homeless population, but they use 50% of the resources available. Those services include emergency medical services, primary health care (multi-day hospital stays), behavioral health care (psychiatric treatment, detox facilities), and interactions with the justice system (police, the courts, etc).

Cabrera said the Boston Health Care for the Homeless Program tracked 119 persons experiencing chronic homelessness for 5 years and discovered that they had more than 18,000 emergency room visits at an average cost of $1,000 per visit. Research prepared for the Tucson Arizona 10 year plan showed that downtown Tucson police officers spent about 200 hours in 1,070 encounters with people who are homeless during April of last year, at an estimated cost to the police department of $64,000. Tucson’s Fire Department last year spent an estimated $2 million answering an estimated 3,000 calls - out of a total 76,000 911 calls - from people who are homeless.

In Reno, Nevada Cabrera said two frustrated police officers tracked the costs of two chronically homeless individuals, who accounted for $100,000 and $120,000 in hospital expenses in less than a year. The officers determined that one individual, who they named "Million Dollar Murray" had cost more than $1 million in hospitalization, incarceration, detox treatments, and ambulance rides. Reno P.D. officer Patrick O’Bryan said "we spent $1 million not to do anything about him."

The University of California at San Diego followed 15 chronically homeless people for 18 months, tracking their use of behavioral health acute systems, mental health and substance abuse services, law enforcement interventions on the streets, and temporary periods of incarceration. Total cost: $3 million, $200,000 per person.

The solution, Cabrera says, is to provide chronically homeless people with housing so they can stabilize their lives and start getting the help they need. In the housing first program, people are given housing without any pre-conditions. In other words, they don’t have to end their drug or alcohol addictions before they get housing. Housing First gives them housing and offers them assistance.

According to Cabrera, Housing First is working. In Portland, Maine researchers tracked 99 chronically homeless individuals who moved to permanent supportive housing. They report a 50% reduction in service costs in ambulance and emergency room use, jail nights, and police contacts after housing placement, dropping from an average of over $28,000 per person annually to $14,000. Health care costs decreased 59% after housing placement and mental health care costs decreased by 41%.

In Denver, Colorado they had a 73% reduction in emergency costs or nearly $600,000 in the 2 years after chronically homeless people were placed in housing. Over 80% of the homeless people remained in the housing after 6 months. Mayor Hickenlooper of Denver says they will re-invest $20 million in savings in public systems to create 200 new units of housing for persons who are chronically homeless.

Advocates of the Housing First model say that the old status quo of ad hoc, uncoordinated crisis intervention isn’t working, it is more expensive, and less effective at helping the homeless. A Fresno Grand Jury report released in March 2008 came to the same conclusion. They wrote "the scattered and piecemeal public services provided to the unsheltered homeless add up to a very large public expense. It has been reported that as much as 50-80% of the total money

intended for homelessness is spent on the chronic unsheltered homeless." Writing about the Tool Shed City at the Poverello House and other efforts by the city to address homelessness, the Grand Jury report says "these various efforts to provide housing for the homeless have not been effective solutions for chronic unsheltered homeless in Fresno County."

The Grand Jury report pointed to Housing First as a solution. They wrote:

"Housing First" programs provide permanent transitional housing and support services for the unsheltered homeless. Clients receiving shelter are not usually required to be drug and

alcohol free in order to be provided housing. Support services, including counseling programs to support a drug-free lifestyle, accompany the housing, rather than being a prerequisite to it.

The "Housing First" model was developed in Boston, Massachusetts after a study revealed that the community was paying an exorbitant amount to treat homeless individuals at hospital

emergency rooms. The study showed that giving the homeless person clean, warm, and dry shelter reduced medical costs by as much as 70%. Boston went on to construct permanent buildings to provide temporary or transitional housing for the homeless. Other cities including Chicago and Portland claim to have saved money and improved services by establishing a "Housing First" program.

Mayor Autry, in his talk to the task force, told them to "think outside of the box" and encouraged them to re-direct public policy on homelessness. Eduardo Cabrera, the HUD Region IX Homeless Agency Coordinator, said essentially the same thing. He told the group to "move from managing the crisis to ending the disgrace." The model they are advocating is at odds with the current social service providers like the Poverello House and Rescue Mission who seem content to maintain the status quo. Both organizations are represented on the task force and it will be interesting to see if there is resistance to changing, in a fundamental way, public policy on homelessness.

Cabrera was clear about the cost of maintaining the status quo. He quoted Albert Einstein, who once said "the definition of insanity is doing the same thing over and over again and expecting different results." Housing First costs far less than the current public policy, is much more effective at ending chronic homelessness, and now has the support of the mayor and a majority of elected officials.

The ball is now in the task force’s court. They have 100 days to develop a plan that and present it to Fresno City and County governmental body’s for approval. There next meeting is on Monday, April 21 at 3:30 PM at Fresno City Hall.

For a list of articles and documents about the struggle for civil liberties for homeless people in Fresno, see: http://www.fresnoalliance.com/home/homelessness.htm

http://www.fresnoalliance.com/home

Lets get Obama to address DNC Homeless Roundup

I am unsure of who I am voting for. I did create a Blog on Obama's website regarding the roundup of the homeless in Denver during the duration of the DNC and demand he denounce it.

Please go to his site and comment on the post. Urge Obama to respond.

http://my.barackobama.com/page/community/post/timrumford/gGBJLj

The post is below. The link to the original Blog on Obma's site is above.

I hope Obama will make a statement about the hypocrisy aof offering shelter, more like internment for the homeless in Denver Colorado during the DNC. If anyone needs their voice heard, its the homeless, but we don't like poverty seen, its bad for biz and it seems Democratic politics too. Obabma should denounce this.

"Denver plans to clear downtown streets of the homeless during the Democratic National Convention here in 2008.
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5537389,00.html
The city will open an emergency shelter normally used during winter deep freezes, and keep other shelters in the city open 24 hours during the August gathering. In addition, an army of outreach workers will fan out across downtown to persuade the homeless to come inside during the convention.

"Shelters will be open the entire time to make certain everyone can go inside and that the outreach folks have a place to take any person from the streets," said Roxane White, Denver's manager of human services.

White said the effort is motivated by security concerns."
http://my.barackobama.com/page/community/post/timrumford/gGBJLj

Homeless veterans bringing their fight to Bill O’Reilly–UPDATED

From
www.crooksandliars.com

clipped from www.crooksandliars.com Homeless veterans bringing their fight to Bill O’Reilly–UPDATED Fox News’ Bill O’Reilly recently told his television audience recently that John Edwards was wrong to assert that there are 200,000 homeless U.S. military veterans. He told his viewers “there’s not many of them out there,” and said he would intervene to help veterans sleeping under bridges. On the facts, not surprisingly, Edwards was right and O’Reilly was wrong. The real entertainment came a day later, when O’Reilly insisted that Edwards apologize for using “class warfare. Now, a group from Fitzgerald House, an “organization representing homeless veterans,” plans to bring their fight for recognition to Fox’s doorstep. They plan on visiting the Fox News Channel Studios today at 3:00 pm, and will come carrying a petition signed by 17,000 people demanding an apology from O’Reilly

Lawsuit against the Sleeping Ban Near?

This is an update about the lawsuit that is moving forward to end the Santa Cruz Sleeping Ban.
There is a new web site dedicated to this cause. Additional and ongoing information can be found on this new site regarding the lawsuit and how you can help. Humanity for Homeless supports this lawsuit and is aiding the cause as much as my health allows. Please visit, comment, send money or volunteer. This law must end and it must end now!

http://www.sleepisaright.blogspot.com/

Sleeping Ban Lawsuit Update 3-25-08
by Bob Patton

Many people don’t know that Santa Cruz homeless rights advocates and well known civil rights attorneys are preparing a lawsuit against the city of Santa Cruz for anti-homeless laws that violate constitutional rights. For those who have been following the issue you will find this important information.

For year’s efforts by many community members who lobbied local law makers to do the right thing for the homeless, not just the easy thing fell on deaf ears.

In early 2006 we began an outreach program to national legal organizations that support legal actions on homeless issues. This was slow and it became obvious results would not soon be forthcoming. A key turning point in our effort accrued when the U.S. 9^th. Circuit Court ruled against Las Angles Camping ordinances. With this hopeful decision in L.A. in early 2007 we began to contact local legal council in a grass roots effort to bring relief from these same types of laws, and the harsh enforcement in Santa Cruz.

We now have attorneys David Beauvais, Kate Wells and Brett Bennett interviewing people that have received citations under the Santa Cruz “Camping Prohibited” laws in preparations for the law suit. These restrictive laws include 6.36.010(a) the Sleeping Ban, 6.36.010(b) the Blanket Ban and 6.36.010(c) the Camping Ban.

The largest problems with these laws are that they criminalize the homeless for using public spaces, and sleeping and camping at night. It is well documented that there is a lack of adequate emergency shelter in Santa a. People are being criminalized when they make their own shelter or try to form protective groups. Other outward problems are lack of adequate medical care, community prejudice, political cowardice and rigorous Police enforcement.

It’s not quit clear how homeless people are expected to live. Our focus is on defending, restoring, and establishing civil rights for homeless people rather than lobbying for more services. We believe people should be free from police, state, and community harassment. Free to organize and to form self-help communities. It is to these ends we are willing to spend time and effort. We are looking forward to hearing from anyone about whatever legal help you can bring to the issues or questions you have. We are looking for volunteers to work with attorneys and plaintiffs, help with community education on the issue, write letters and make phone calls. We are in need of funds, any donations (tax deductible) can be sent to the address below.

Community Defense Inc. For: Santa Cruz Anti-Sleeping Lawsuit
P.O. Box 7649
Santa Cruz, CA 95061

Endorsed by: Santa Cruz Human Rights Organization (HRO), www.humanrightsorg.org (831) 425-4467 or 345-9685
Homeless United for Friendship & Freedom (HUFF), www.huffsantacruz.org (831) 423-4833
Housing Now! In Santa Cruz, Linda4homes4all@sbcglobal.net
Humanity for Homeless, http://humanityforhomeless.blogspot.com/

Police Disperse Peaceful Narwhallagraphic Video Showing using 15 min tresspass law

Police Disperse Peaceful Narwhallagraphic Video Showing

by Robert Norse ( rnorse3 [at] hotmail.com )
Saturday Mar 22nd, 2008 8:03 AM

Three SCPD squad cars and four officers ticketed one man and dispersed a group of others watching a silent video show projected on the side of the Santa Cruz Community Credit Union. The police did not cite any complaints or crimes other than the claim that the spectators were "loitering" in violation of Mayor Coonerty's Parking Lot Panic Law.

The scene of the latest SCPD bullying and buffoonery was the Parking Lot #27 at Laurel and Front Streets on Friday night, March 21st under the full moon.

Andreas Nickolas got cited for violating the Parking Lot Panic law (technically the Parking Lots and Garages Trespass Law MC 9.64 http://www.ci.santa-cruz.ca.us/council/ordinance/2007/17.pdf ). Nickolas was projecting a silent visual mix of scenes from the withdrawn racist Walt Disney movie “Song of the South” as well as videos of presidents Kennedy and Reagan giving speeches, an American flag, and other provocative imagery. (see http://www.indybay.org/newsitems/2008/03/15/18485843.php) The video began about 9 PM and was initially greeted by angry denunciations from several city employees in a white truck, who quickly left once video cameras were turned on them.

Nickolas had provided video shows for the previous two Friday nights. A week before he was falsely cited for "amplified sound", though his projection was silent (someone else reportedly had been playing music). The lot is several blocks away from any residence, and fronts on the San Lorenzo River. The noise from the two heavily trafficked streets (Laurel and Front) are louder than anything that came from the parking lotanyway , it would seem to me.

Police cars drove by regularly for the next hour and a half, but did not stop nor uniformed police enter the parking lot. Various passersby stopped to watch the film (illegally, since to enter a parking lot without a vehicle without passing through is an infraction under Mayor Coonerty's new law). A saxophonist provided a little musical accompaniment and some spirited discussion about the best potential court defense if the group were harassed by the cops. Several people had video cameras and documented the event. The group varied in number from 4 to 25 throughout the course of the evening.

At one point a group of bicyclists numbering about 20 showed up, bicycled around the lot, stopped to offer support. About 10:30 PM, two squad cars showed up and blocked one entrance of the parking lot, prompting the bicyclists to flee out the other entrance. A third squad car shortly arrived with a lieutenant to block the other entrance (none of the cars took the available legal parking spots). The police shined their headlights on the offending projectionist and vehicle.

A stocky officer gave Andreas the first citation I've witnessed under the Parking Lot Panic law. He offered to leave prior to the citation, but police insisted on ticketing him. They then began demanding people leave the lot, asking if they had vehicles there. People objected that they were simply assembling constitutionally. Three more police officers crossed the lot to the levy during the course of this confrontation.

Once the projectionist and his party packed up their equipment, police squad cars still blocked both entrances. At this point one squad car pulled away unblocking one entrance. As I made loud audio commentary about the unconstitutional, abusive, costly, and unnecessary police action, an officer demanded to know if I had a car in the lot. I told him that I didn't have to answer that question. He then insisted I leave within 15 minutes.

I didn't ask if there were a riot, martial law, or some other disaster or criminal behavior that demanded suspension of the constitution, since that provision had already been passed by the Santa Cruz City Council under Mayor Coonerty in spite of the lack of any meaningful evidence showing a “safety hazard” in the city's 20 parking lots and 4 parking garages. The presence of four armed and uniformed men at night, their cars blocking the exit to the lot seems to indicate a pretty high priority action. I didn't leave, however, but stayed to video the repressive police action.

An earlier successful series of daylight protest/support actions reversed police aggression in Parking Lot #4 where the Wednesday Drum Circle, playing next to the Farmer's Market, was repeatedly targeted by ticketbook wielding cops. (http://www.indybay.org/newsitems/2008/01/23/18474460.php )

The local ACLU, absent from this and earlier protests, did issue a statement opposing the law in so far as it applied to lots (http://www.indybay.org/newsitems/2008/01/28/18475525.php ). ACLU attorney and activist Don Zimmerman posed questions to the SCPD and SCPD spinmeister Zack Friend's response: http://www.indybay.org/newsitems/2007/09/21/18448912.php?show_comments=1#18449475 .

The Public Works Department's rationale for this law: http://www.indybay.org/newsitems/2007/09/21/18448912.php

Earlier police misconduct in Parking Lot #4 is documented at http://www.indybay.org/newsitems/2008/01/24/18474462.php , http://www.indybay.org/newsitems/2008/01/23/18474460.php?show_comments=1#18476365 ) The peaceful and legitimate nature of the traditional community activity interrupted repeatedly by police is shown in a series of photographs at http://www.indybay.org/newsitems/2008/01/12/18471858.php .

But police are back now, in larger numbers, with officials of higher rank (Lt. Escalante, perhaps?, was the ranking police officer who oversaw this dispersal of a peaceful public assembly. The police gave no explanation that I could hear as to why they were enforcing a law they regularly overlook each Wednesday at the Drum Circle, and ignored for an hour and a half at this parking lot #27 (the map of all the public spaces where Mayor Coonerty's law bans public assemblies -- http://www.indybay.org/newsitems/2007/09/21/18448912.php ).

The National Law Center for Homelessness and Poverty weighed in on this issue as well in a letter to City Council http://www.indybay.org/newsitems/2006/05/08/18219341.php?show_comments=1#18219371 to which Councilmembers Coonerty and Rotkin angrily replied.

The community was successful in stopping police state action in the Drummer's Circle, though initially police were successful in intimidating folks from using the public space (http://www.indybay.org/newsitems/2008/01/03/18469844.php ). Will police fear and force be successfully overcome here as well? Time and the community's response will tell.

I will be playing an audio account of the evening on my Sunday show March 23rd at 10 AM. Tune in to http://www.freakradio.org or 101.1 FM (Free Radio Santa Cruz) to hear how police are spending city money, and the kind of activity Council member Emily Reilly--now running for the State Assembly) is supporting.

Police Harrasment of peaceful protest