Victor Maccharoli- A lawsuit was filed against the city of Santa Barbara in federal court Friday alleging the city intentionally violated the constitutional rights of disabled homeless people by making it illegal for them to sleep overnight in public places.
A lawsuit filed against the city of Santa Barbara in federal court yesterday alleges the city intentionally violated the constitutional rights of disabled homeless people by making it illegal for them to sleep overnight in public places.
The action, filed on behalf of numerous homeless people by the American Civil Liberties Union of Southern California (ACLUSC), states that the homeless are being forced from a local shelter and have no practical alternative other than sleeping on the streets.
“By citing and arresting mentally ill or physically disabled homeless persons for sleeping in public places when there are no reasonable alternatives available to them, the city engages in arbitrary and unreasonable conduct that shocks the conscience and bears no reasonable relation to public health of [sic] safety,” Mark Rosenbaum, legal director for the ACLUSC, said in a prepared statement. “Essentially, the city and its law-enforcement personnel treat the chronically homeless as if they were outlaws.”
According to the complaint, the city’s “anti-sleeping ordinance” violates constitutional rights including equal protection, due process, freedom from cruel and unusual punishment, freedom from illegal searches and seizures, and disability rights.
It seeks to overturn the ordinance and prevent police officers from citing those who sleep in public areas in Santa Barbara.
City Attorney Steve Wiley said the lawsuit has little chance of prevailing in court.
“I’m pretty sure there isn’t a judge in the state that’s going to say you have a constitutional right to sleep in a city park or on a city beach,” he said.
He speculated that the action had been filed to pressure the city to expand Casa Esperanza homeless shelter or simply to bring more attention to the plight of chronically homeless individuals.
Wiley pointed out that the city offers a multitude of services for the homeless and recently unveiled a 12-point plan featuring a three-pronged approach of enforcement, intervention and prevention to deal with homelessness on the South Coast.
“I think the city of Santa Barbara does more for the homeless than any other city in the state,” he said.
Mayor Marty Blum hadn’t seen the lawsuit yet, but said the city is committed to working with homeless advocates and addressing homelessness-related problems.
“The city of Santa Barbara has significant resources for the homeless,” she said. “We have everything from Transition House to the Rescue Mission to Storyteller to El Carrillo, which is initial housing for homeless people. All of these come with services and there are even more. We really work hard to get people who are homeless into housing.”
In contrast, the complaint accuses the city of selectively enforcing its ordinances to harass and intimidate mentally or physically disabled people who are chronically homeless.
It cited the case of a 52-year-old homeless and disabled veteran who has a medical disability due to a construction injury. He also suffers from post traumatic stress disorder and kidney stones.
According to the complaint, he is afraid he will lose his bed at Casa Esperanza in April and have no other option than to sleep on the beach or city streets. He has been cited in the past for illegal camping multiple times, ACLUSC officials said, accumulating more than $1,100 in fines at one point.
“City law enforcement officers not only issue citations under the ordinance, but also use the ordinance as a pretextual justification for harassing homeless residents and conducting unwarranted stops of homeless residents that result in interrogations, demanding identification, running warrant checks, and carrying out unauthorized searches and arrests,” according to the complaint.
Mike Foley, executive director of Casa Esperanza, took issue with the negative tenor of the lawsuit, confirming that the city does appear committed to dealing with the issue of homelessness.
“The city has done more than any small community that I know of,” he said. “Are there things that they would want to do if there was more money or more opportunities out there? I think they would. But is the city creating homelessness on purpose? In no way is that true.”
Portions of the complaint, filed in U.S. District Court in Los Angeles, focus on the annual closure of approximately 100 beds at Casa Esperanza next month. The shelter’s permit only allows it to fill those beds during winter months, from December to March.
Lori Rifkin, a staff attorney for the ACLUSC, said the bed closure would simply force more people to become homeless, further exacerbating the issue.
“Closing scarce shelter beds at a time when there are no alternatives is indefensible,” she said in a prepared statement. “Study after study in cities across the country has shown that providing housing with services for homeless people is effective at ending homelessness, and costs less than leaving homeless people on the streets.”
Foley said city leaders have acknowledged the dearth of local beds for homeless people and appear willing to discuss expanding the shelter’s year-round capacity.
“What we’re confronted with, however, is what I consider an emergency for homeless people,” he said.
A portion of those currently staying at the facility — including women, disabled people, seniors and others with serious medical conditions — may have to leave the shelter next month due to the permit requirements, Foley said.
“Every one of their stories is very difficult and under no circumstances should any one of these people, who are successfully housed at Casa Esperanza and have been causing no trouble to any of the other residents, be forced back out onto the streets,” he said.
He has approached the city in recent days about allowing the shelter to house that vulnerable population despite the constraints of the conditional use permit, effectively bumping its bed total from 100 to 140 during the spring, summer and fall months.
“I don’t think that anybody in this city wants to see people who are successfully beginning to take care of themselves and take care of their lives be forced to become homeless again,” Foley said.
Funding is a big issue, however, and he admitted that the shelter currently does not have the funding to keep all 200 beds open. Housing an extra 40 people would require an additional $50,000 to $100,000.
Meanwhile, the local homeless community has experienced a rash of deaths — 11 in the past two months, including one suspected murder. Last year, a total of 18 homeless people died, Foley said, including one man who was beaten severely and later died in the hospital.
Those living on the street face a greater likelihood of dying from substance abuse, in addition to being raped, beaten or robbed, he said.
“It’s not good for homeless people on the streets right now,” Foley said. “We’ve got two people who have been killed and we don’t know who did it. … We’ve got folks who are really pushed to the brink.”
Late last month, a City Council subcommittee unveiled its 12-point plan to address many issues related to homelessness. In addition to proposing a new ordinance making aggressive panhandling illegal, the plan highlights the importance of increasing homeless housing and support services.
Wiley, the city attorney, said the plan makes it clear that the city is serious about addressing the plight of homeless individuals in the community.
“Every council in the last 30 years has really wanted to do what it could to address homeless issues,” he said. “At the same time, there are legitimate concerns about people sleeping in doorways and passed out on the sidewalk.”
The city has outlawed sleeping in public places including the beach and parks since 1979, Wiley said, when several murders along the beach prompted city leaders to create the longstanding ordinance.
He doesn’t know of any coastal city that allows sleeping on the beach. However, the city of Laguna Beach, facing a similar lawsuit from the ACLUSC, reportedly repealed its ordinance related to sleeping in public places.
Wiley said that situation is starkly different than Santa Barbara’s, since Laguna Beach offered few, if any, homeless services.
As far as the lawsuit facing the city, Wiley said the city attorney’s office should be able to handle it without contracting out for additional legal services.
Get the Facts Right At Least : 3/7/2009
It seems the city spokesperson doesn't get it. The lawsuit appears to be saying that you cannot simply throw people out on the street because the calendar clicked another day. Hundreds of people including dozens of Casa residents will be subject to citation and arrest when this happens simply because they have no where else to go. It is not a claim that one has a constitutional right to sleep on the beach but that one has a constitutional right not to be arrested when there is no alternative to sleeping on the beach. The city's policies in requiring the shelter to kick people out is what makes it culpable. How can 200 people receive needed shelter on one day and not need it the next? At the same time fingers need to be pointed at the failure of the county, Goleta and Carpinteria to do almost anything at all to help.
On the beach
: 3/7/2009
Whoa!!!! City Attorney Steve Wiley said "I think the city of Santa Barbara does more for the homeless than any other city in the state". That is a flat out lie! This past week I have been on the phone trying to find shelter for an elderly homeless couple I met at the laundry mat. The woman was in a wheel chair, both of them hadn't bathed in some time. The man wasn't physically able to care for his mate adequately–aside from not bathing, her hair was extremely matted. The only option I was continually referred to was Casa Esperanza. The couple said they had been there, found it not so accommodating, and very dangerous because of the people that were staying there. They chose to sleep in a park instead. I was unable to find other housing for them. This is an atrocity!!!!!!! I would have invited them to my home except my apartment is tiny, not wheel chair accessible, and I have a small child whom I have to consider first, so I just can't welcome people I don't know into my home for safety reasons. I think an excellent newspaper story would be one on Casa Esperanza and how dangerous the place is. Anyone can go there and in one minute assess it's a dangerous place. Several weeks ago when we were having the huge rain storms I met an elderly man in front of Trader Joe's in Goleta. He had a sign and was asking for money. Judging from his physical condition and age there was no way this man was capable of working. I offered to take him to Casa Experanza and he declined, saying he's been there before and it's too dangerous. He didn't want his few possessions stolen there, and he was opting to stay in a tent next to the railroad tracks under a bridge, despite the rain. If this city had acceptable accommodations for homeless people, there wouldn't be so many sleeping at the parks. And dangerous, violent mentally ill homeless people should have separate facilities from homeless people that are not dangerous or violent.
Can't find help but want to
: 3/7/2009
The right to sleep is a human right. A federal court declared laws prohibiting public sleep by homeless people unconstitutional in 'Jones v. City of LA' so Santa Barbara will be forced to repeal its ordinance. For a related film that explores the concept of "right to sleep" see "Love and Fearlessness" at http://blip.tv/file/1165882/
LK
Casa Esperanza : 3/7/2009
It is shocking to think that someone would suggest that Casa Esperanza is dangerous - with only second hand knowledge to go by. Before you throw stones at the agency that is doing the most for the homeless population - an agency that if it were closed would put hundreds of homeless people at greater risk - you should pay them a visit. The shelter is open to the public to visit and volunteer at. And... no you do not have to make an appointment so they can hide all the bad people. I think if you do visit for yourself you will be amazed at how much they offer to those in need and how well they do it. So, please before you throw stones - educate yourself.
Casa Esperanza, a "safe place"? : 3/7/2009
Excuse me, but I stayed at Casa Esperanza when I lost my housing in Santa Barbara and ended up homeless with a baby. The counselor at Casa Esperanza warned me to get out and away from the place during the day, the very first thing in the morning, because, he said, people staying at the shelter have been convicted of just about every crime imaginable, including pedophilia. He knows. He works with the population. He reads their charts. He talks with other mental health and law enforcement professionals about them. The counselor told me this because he was concerned about my baby. During the time that I stayed there, there was a man I was particularly afraid of. I asked the volunteer counselor, a resident of the shelter, about this man, and he assured me that the man was safe. I later witnessed the man engaging in domestic abuse against his wife and preschool-aged son who were also staying at the shelter. This was not the moment I figured out the man was dangerous, however. The day before that, I noticed him starting to go into an agitated state, then start to rage, AT ME, at which point he knocked over a piece of furniture on my baby, who was just beginning to walk around. My baby ended up with a cut in his mouth, bled everywhere, and I had to call the paramedics for help. After this incident, the paid counselor (not the volunteer counselor) at Casa Esperanza apologized to me and told me the volunteer counselor should have never told me that man was safe. I continued for days to watch this man abuse his wife and son, at the shelter (I was in the "family wing" and had the room next to them). I was terrified. I left the shelter just a few days after that, and luckily found someone to stay with while I apartment-hunted. Be careful, renters, not to loose your housing in August when the students have moved back to town. There were more scary things I witnessed at this shelter during my short 5 day stay, but it's too much to write about. My previous posting was about my trying to seek help for homeless people I have recently met. Accusing me of falsely portraying the shelter as unsafe is not only inaccurate, but unproductive. Go spend a few nights there as if you had no where else to go, then put in your two cents worth.
Casa Esperanza "guest"
: 3/7/2009
yes lets please spend more money on the homeless most of whom are from other cities and states and have serious addiction/crime problems better than on the students or libraries or police or fire, yup the homeless is where our frugal city funds should go- hey lets open another shelter- that wont cause more to show up
No Good Deed Goes Unpunished : 3/7/2009
Here is exactly the situation that we were warned about before Casa was built. Build a shelter and it attracts more homeless to the area. Then they force you to expand it to accomodate those extra people that it attracts. The more you give the more they take. Soon you have a homeless mecca that is scareing away tourists and businesses alike. This is one of the most expensive places in the world for anyone to live. If people can't afford to stay here most of them find a town that they can afford. But there are those who feel entitled to take. And take. And take. Perhaps we should burn down Casa and build a new one in the desert. People would then have a place to stay but more would be encouraged to be responsible with and for themselves instad of getting free housing in a nice place.
ACLU - Encouraging people to turn away
Hard Times, and previous poster : 3/7/2009
Sometimes people show up at shelters because very tragic circumstances have happened in their lives. As for the mentally ill, well, their condition is certainly not their fault. (Many drug-addicted people are mentally ill and their drug use is self-medicating behavior to relieve the anguish their illness causes them.) In addition, a lot of people at shelters just don't have the mental capacity to take care of themselves. We should not punish them for that. If you had a child that was developmentally disabled, grew up and couldn't take care of himself, would you spew such hatred if he ended up at a shelter? The couple staying in the room next to mine at Casa Esperanza were Santa Barbara natives. The husband was mentally ill. The wife had her issues, obviously, because she was staying with him. You can't prevent the negative impact some people will have on society. (We can't even prevent the negative impact elected government officials will have on society.) Money does need to be spent on the homeless problem, because the problem is much worse if nothing is done. It's in every town in the U.S. It's a societal problem which is why I get really irritated with people who have no compassion and think the solution is to draw a diving line around "their Santa Barbara", as if they're entitled to this place more than other people who don't fit their specific criteria. We're all in this together, this human race. There is no running away from the problems. If society spent the funds to offer services to people who need help BEFORE they get to the point of homelessness, we wouldn't be reading about or discussing this homeless problem in the first place. Casa Esperanza is more like triage. As anyone can see– those that want money spent on services, and those that don't– it's not the best solution.
Shelter : 3/7/2009
Get real people! The majority of homeless people are addicts, alcoholics, mentally-ill and past criminals - hundreds are not and should not be sterotyped - but most have deep and serious problems. You expect that a shelter that takes in these folks is going be a peaceful shangri-la where people with behavior problems suddenly become happy and productive the minute they walk in? Then on the flip-side there are folks who diotically say that 200 shelter beds is a welcoming magnetic draw, despite the fact that there are 90,000 homeless people in LA County and we can count 800 on the South Coast. It sucks being homeless. It sucks living in a shelter rather that the comfort of your own independence and housing. Hundreds and hundreds of people have had their lives saved by Casa Esperanza - some have not - but the people there never give up and never stop trying to get better. They should be honored for trying. Some folks don't like living in shelters, but today there are 40 people who are desperately praying that they be allowed to stay. Thank God the majority of people in Santa Barbara truly care, know the truth, and always stand up for the people in need and the people who dedicate their lives to helping survive and one day thrive.
Not Giivng Up
To the heartless affluent : 3/7/2009
If we kicked everyone out of town who couldn't afford to live here (also translated in your lingo as "don't deserve to live here"), we'd be kicking out lots of firemen, policemen, paramedics, nurses, government workers, etc., etc., etc. Cottage Hospital would have to close down. Apparently wealth doesn't influence intelligence. Yes, let's kick everyone out who can't afford to live here. Who's going to cook your dinner the next time you go out to a restaurant, or save your life if you get in an auto accident?
not homeless less without home : 3/7/2009
I have spent two and a halve years living on the streets of Santa Barbara I'm disabled and have seen many people being kick out from shelter's for what ever reason's and forced to live in the park's or beach wherever I think as thing's change (meaning a power struggle ) it seem that is a person working at one of the shelter's doesn't live the person will get them kicked out........they do this too believe me ,,,, i think that no one person should have the right to kick some one out.... and if a person is kicked out that person has the right to go in front of a board of people for a hearing(protest it ) also as you get me going I think they should separate the bread from the butter so to speak.. the people who such up from the community and the people who put butter on the community's I mean if they took both shelter's away from the beach and away from the train track's ( where people who get down and out full of dis pare jump in front of the trains )move the shelter's away from Fess Parker Resort. butter doest want to pay 400 a night or so to see homeless pushing shopping cart's around ..... some where more hospital by county holding for court's (county jail) as mental health cut back's from the past forced alot of mental health people to shelter's casa esperanca is a mental holding place---- 80% of people in shelter'e are from drug's and acohale 10% mental they should try to clean them up... these are just my opions breath a lize....... ps If just one life is saved by moving the train away from people really down it's worth every penny.....
march 7 commit
less without home : 3/7/2009
have spent two and a halve years living on the streets of Santa Barbara I'm disabled and have seen many people being kick out from shelter's for what ever reason's and forced to live in the park's or beach wherever I think as thing's change (meaning a power struggle ) it seem that is a person working at one of the shelter's doesn't live the person will get them kicked out........they do this too believe me ,,,, i think that no one person should have the right to kick some one out.... and if a person is kicked out that person has the right to go in front of a board of people for a hearing(protest it ) also as you get me going I think they should separate the bread from the butter so to speak.. the people who such up from the community and the people who put butter on the community's I mean if they took both shelter's away from the beach and away from the train track's ( where people who get down and out full of dis pare jump in front of the trains )move the shelter's away from Fess Parker Resort. butter doest want to pay 400 a night or so to see homeless pushing shopping cart's around ..... some where more hospital by county holding for court's (county jail) as mental health cut back's from the past forced alot of mental health people to shelter's casa esperanca is a mental holding place---- 80% of people in shelter'e are from drug's and acohale 10% mental they should try to clean them up... these are just my opions breath a lize..... ps If justone life is saved by moving the train away from people really down it's worth every penny.....
oldschool62
Ship 'em out?? : 3/8/2009
To the person who thinks we should not build any more shelters in town, but instead build one out in the desert and ship the homeless there: Were you absent the day your high school history teacher talked about the Holocaust and how Hitler rounded up the Jewish people and shipped them out, too? And for the same reason you want to ship the homeless out– because they're different than you, you don't understand them, and therefore you hate them? Have you ever picked up a newspaper and read about all the atrocities suffered by people throughout the world today because people have acted on thoughts like yours? Need a refresher course? An easy place to start is the history of Native Americans in our country. Then you can move on to African Americans. Oh, and of course women. Seems like only yesterday they got the right to vote. That should keep you busy for a while. You'll find plenty of other pockets of humanity to study when you're done with those. Let's move forward on human rights. It's the dark side of human nature that causes history to repeat itself.
Bad things can happen to good people
: 3/8/2009
Get Real : 3/9/2009
The City really needs to assess if they should keep attorney Steve Wiley. He appears to have no problem telling lies to cover up flawed policies. If what he said in this story is accurate, then he is clearly incompetent. Not only does he not understand California State law regarding homeless issues, he is clueless as to what other communities, who are much farther ahead than our city, are doing to help people turn around their lives and support themselves.
SB local
Homeless and/or Mentally Ill : 3/12/2009
03/11/09 CLAYTON, Calif. -- Prosecutors say the suspect in the fatal stabbing of a 73-year-old man at the Clayton post office may have been acting out of frustration when he couldn't cash in old postage stamps. Thirty-seven-year-old Shannon Moore has been charged with murder in the death of Raymond Casso. Authorities say Moore became upset Saturday when he couldn't cash in sheets of old stamps and appeared to randomly attack Casso, who was picking up his mail at the time. Contra Costa County prosecutor Harold Jewett says Moore has a history of mental illness and didn't seem to have a motive for choosing Casso as a victim. The case remains under investigation by postal investigators. Casso lived in Clayton with his wife of 47 years. He had three children and four grandchildren.
Thank you.
previous poster : 3/12/2009
I fail to see the connection here.
Homeless hippie mecca : 3/17/2009
the city i was born and raised in has filled up with yuppies. viva la raza! homeless persons have long brought life to our cities historic downtown district. with their own culture and free way of life many now seek to retire to a more institutional setting where they can be processed to actually live in this city. why not allow for them to sleep downtown and on our beaches? perhaps they would scare off the "tourism". lets bring back our city. make it proud. marijuana is legal. and soon so will homelessness so get ready for some pechuli lovin and lets make peace signs and free love and allow for the school busses to truck in more free loving hippies so we can laugh at all the stupid yuppies:)
true santa barbarian
An Alternative to Capitalism (which will end homelessness) : 2/8/2010
The following link takes you to an essay titled: "Home of the Brave?" which I wrote and appeared in the Athenaeum Library of Philosophy:
http://evans-experientialism.freewebspace.com/steinsvold.htm
John Steinsvold
John Steinsvold
Utopia? : 2/9/2010
Dear John Steinsvold... did you write that utopian paper in 8th grade? Need to get out more my friend and stop dreaming. Utopian dreams are just that. A Dream..
That paper was weak... maybe i should steer you towards "The Venus Product" Resource based economy.... yet still a dream.. as a realist, living in a SB bubble, i can honestly say, you need a dose of realism, buddy.
No Zeitgeist Movement
The Right to Dream : 2/9/2010
II am sure John had no intention of creating a new political agenda with this, nor do I believe that he had any sort of illusion that it would come to a fruition. But I found it thought provoking as " I wish to start all over". Something does need to be said about how "Capitalism" has lead to some disastrous effects on people that are inferentially innocent to it.
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