With the closure of Casa Esperanza’s winter shelter fast approaching, the American Civil Liberties Union (ACLU) filed a federal lawsuit against the City of Santa Barbara Friday seeking an end to its prohibitions against sleeping and camping in public. The group said the laws criminalize impoverished, disabled residents who have no alternative place to lay their heads.
The ACLU of Southern California is also considering seeking a court order to keep the Casa Esperanza shelter open beyond April 1, when half of its 200 beds are scheduled to disappear and 100 homeless will be sent back on the streets where they are liable to be ticketed and ultimately sent to jail, said the group’s legal director Mark Rosenbaum.
“Essentially, the city and its law-enforcement personnel treat the chronically homeless as if they were outlaws,” said Rosenbaum.
At a press conference in front of City Hall on Friday morning, March 6, seven homeless advocates decried the inhumanity of the city’s 30-year-old anti-sleeping and anti-camping ordinances. Lynn Jahnke, a physician who treats the homeless, said with only 30 medical beds after the first of April, Casa Esperanza will have to decide who is sickest and relegate those deemed less ill-people who also have acute and chronic illnesses-to sleeping under bushes.
Given the ACLU of Southern California’s recent track record suing municipalities on this issue, the City of Santa Barbara is likely to take the matter quite seriously. In 2003, Rosenbaum and his ACLU colleagues sued the City of Los Angeles over its practice of citing homeless individuals for sleeping under tarps and cardboard along L.A.’s skid row. Though initially unsuccessful, the ACLU prevailed at the Ninth Circuit Court of Appeals and Los Angeles Police soon agreed to stop citing and arresting skid row homeless at night. Now they only resume the practice at 6 a.m. This Tuesday, the City of Laguna Beach repealed its anti-sleeping ordinance as a direct result of the lawsuit brought by the ACLU of Southern California. That suit elicited debate in the opinion pages of Laguna Beach newspapers and the city officially backed down.
Santa Barbara’s anti-sleeping and anti-camping ordinances have a long and notorious history. Enacted in 1979 after two students were murdered while camping on an Isla Vista beach, a campaign against the ordinances eventually began percolating and ultimately erupted into a highly visible, nationally observed protest. With help from the late homeless activist Mitch Snyder in the mid-‘80s, Santa Barbara’s homeless were galvanized, and even Doonesbury comic strip author Gary Trudeau mocked the laws in a week’s worth of the syndicated Doonesbury strip. (Many of the homeless who participated in that campaign have since died.)
Paul Wellman
Glen Mowrer of the Committee for Social Justice addresses Santa Barbara’s treatment of homelessness.
More recently, the laws have been challenged by attorney Glen Mowrer of the Legal Project, part of the Santa Barbara nonprofit Committee for Social Justice. Mowrer defended in court as many as 150 separate cases of alleged public sleeping between 2000 and 2006 and prevailed in the vast majority. Mowrer said it proved the laws could not be prosecuted. He and other attorneys met with Santa Barbara City Attorney Steve Wiley following ACLU’s Los Angeles victory and law enforcement skid row compromise. “We said, ‘This stuff applies to Santa Barbara. What can we do to bring this kind of a solution here?’” According to Mowrer, the city did not give a substantive response.
“The city has essentially requested litigation,” Mowrer said.
Steve Wiley couldn’t be reached Friday because the city offices were closed.
At a meeting of homeless activists and social workers Friday afternoon, City Councilmember Das Williams said though he had not had a chance to read the suit yet, he expected the city would handle it constructively.
“As someone who had to live in my vehicle when I was younger, I am diametrically opposed to the criminalization of poverty. I know the city is doing some very good things to transition people out of homelessness and into housing. But if there’s something we’re not doing, or if there’s something we’re doing that works against the chance to deal compassionately with the homeless, then I’m glad we’ll have a chance to look at it,” he said.
People who work directly with Santa Barbara’s homeless said 11 of them have died since the year began, one following a violent altercation over his sleeping bag. The high number of deaths alarms activists. Eighteen homeless people died here during 2008.
On a separate track, Casa Esperanza has recently entered into discussions with the city about provisionally increasing the number of beds in its non-winter shelter from 100 to 136. Because of the deaths, including two as a result of violent assaults in the past nine months, and having identified 36 individuals who would be placed in direct jeopardy if they were sent back onto the streets April 1, the shelter’s position is that there is currently an emergency among the homeless that warrants a provisional expansion.
Casa Esperanza’s Conditional Use Permit (CUP) allows only 100 beds during non-winter months; 30 of them are medical; 70 are for those judged to be actively working to get off the streets.
Two weeks ago, the city unanimously embraced a 12-point plan to curb panhandling in the downtown areas and the ill effect business owners say the homeless presence has on tourists and other customers. Though still not totally formed, the plan includes stricter anti-panhandling laws, as well as measures to house the homeless in motels when the shelters are full. A significant segment of city residents are vocally opposed to services being provided to area homeless, though, believing such policies are a virtual calling card to other homeless people to come here.
Friday’s suit was brought on behalf of the city’s disabled homeless as well as four particular homeless individuals residing at Casa Esperanza who stand to be evicted April 1. Many of the homeless in Santa Barbara, as elsewhere, have a physical or mental disability, or both, that impedes or prevents their ability to obtain housing and/or employment.
A sweeping and ambitious, federally sponsored Ten Point Plan to End Chronic Homelessness in the county is currently underway. When and if it is fully enacted, it will include housing in a “Safe Haven” model, in which formerly homeless can live in complexes where social and substance abuse services are available on site.
Meanwhile, Rosenbaum said numerous studies of homelessness in both the city and county over the years, including one as recent as 2006, repeatedly attest to the dearth of shelter beds compared to the need. Given that fact, Rosenbaum said, to ticket and arrest the poor for sleeping outside constitutes a violation of their Constitutional rights under the Equal Protection clause of the 14th Amendment of the U.S. Constitution, among others.
“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 and safety,” the ACLU’s Rosenbaum said.


Print friendly
E-mail story
Tip Us Off
iPod friendly
Comments
Share Article
Myspace


Previous Month



Comments
Isn't it bizarre that the city thinks it should allow 200 people to shelter for four months of the year and then throw half of them out and then prosecute the ones it throws out for being without a place to sleep at night??
This isn't what I want my city tax dollars to do.
RHS (anonymous profile)
March 7, 2009 at 2:44 p.m. (Suggest removal)
What is interesting is that S.B. city leaders style themselves as being liberal and progressive yet when it comes to the most helpless people they criminalize them.
Being pro-choice and Democrat does not equate to being compassionate.
billclausen (anonymous profile)
March 7, 2009 at 2:54 p.m. (Suggest removal)
WTF kind of dream world do you people live in? If Santa Barbara is so unfriendly to the homeless, why do they move here in droves? A lawsuit against the city for not being accommodating to the homeless? Please tell me this is a story copied from the Onion.
Most of us who work for a living are tired of the aggressive panhandling, public defecation, and drunken rants of the mass of recently arrived homeless people in our small town. We need to send them back where they came from, not encourage them.
Kratatoa (anonymous profile)
March 7, 2009 at 6:14 p.m. (Suggest removal)
Believe it, Kratatoa, this is not a recent problem. This problem always existed--poor and homeless exist. The problem became more extreme in the 70's when the Camarillo state Hospital was closed.
The homeless come here for the same reason others do--the climate. It is easier to be homeless in CA than in Minn, NYor any nothern state.
I hope the city council finds some reasonable solutions for these homeless without viable means of support.
bajamama (anonymous profile)
March 7, 2009 at 10:26 p.m. (Suggest removal)
Actually the number of homeless in Santa Barbara is equivalent to other coastal cities. That is, the proportion of homeless to the general population is similar in Seattle, Portland, San Francisco, Santa Cruz, San Luis Obispo. LA, and San Diego.
They are not moving here in droves. The economy is dead, and more people will find themselves on the street. You can't ticket people for sleeping in public or not having a place to live. A society that makes sleeping on public property a crime is unkind.
Georgy (anonymous profile)
March 8, 2009 at 10:27 a.m. (Suggest removal)
Santa Barbara should consider paying the homeless to leave. I'm serious. Pay $100 a person and have them sign a letter promising never to step foot in Santa Barbara again. Maybe include a one way bus ticket to San Fran or Santa Cruz.
Lars (anonymous profile)
March 8, 2009 at 10:42 a.m. (Suggest removal)
If you don't think the homeless problem has become worse around here over the last couple of years, either (a) you never go downtown, or (b) you are blind.
Kratatoa (anonymous profile)
March 8, 2009 at 5:14 p.m. (Suggest removal)
What would be nice would be to see a concerted effort on the part of our elected representatives on all levels to examine what was done over the years to create the situation where so many people have become homeless and reset to default. Needless to say, I don't hear our local elected representatives addressing this point, even though they are so eager to present themselves as progressive-minded folks.
Simply criminalizing people won't solve the problem.
billclausen (anonymous profile)
March 8, 2009 at 5:42 p.m. (Suggest removal)
Hmmm. Good idea. Maybe our elected representatives already had it.
http://www.thedailysound.com/results/...
Pimms (anonymous profile)
March 8, 2009 at 7:08 p.m. (Suggest removal)
All these homeless folks come to SB because of all the services we provide them! It's not just the sunshine.
The homeless living in Santa Barbara aren't from Santa Barbara! They move here because of all the bleeding heart liberals, like lots of you folks, who allow them to take over the streets of this beautiful town.
It's a major detriment to this town that the main businesses district as well as #1 tourist attraction other than the wharf is overrun by intoxicated foul smelling and sometimes violent men and women.
Lars (anonymous profile)
March 8, 2009 at 11:27 p.m. (Suggest removal)
Every season we fight to have the shelter remain open at full capacity. If only keeping the shelter open was the only problem . While keeping the shelter at full capacity 365 days a year is a no-brainer, what about Casa Esperanza's "programs" which preclude some of the most chronic homeless clients from using their services? I spoke to a former client recently who had "graduated" from Casa Esperanza. She was unable to hold onto her housing and tried to get a bed at Casa Esperanza. She was told she had to wait one year from the time she "graduated" until she would be let back in. How does one "graduate from chronic homelessness?
HaleLorraine (anonymous profile)
March 9, 2009 at 12:41 a.m. (Suggest removal)
Since this issue is heating up along the usual Left/Right partisan lines, I'd like to ask this question: Could this problem (and I don't know the answer--I'm only asking) be a combination of Liberals making it too easy for the homeless to come to S.B. (as pointed out in this blog) and conservatives going overboard with their "cut costs" approach and shutting down mental hospitals? (as also pointed out here)
The situation sucks for everyone: People are literally out in the cold without a place to sleep and on the other side people can't walk downtown without being harassed.
This is one issue where Left and Right *must* come together for a solution.
billclausen (anonymous profile)
March 9, 2009 at 2:24 a.m. (Suggest removal)
I'm a conservative who'd have no problem paying higher taxes if those taxes actually went to building mental hospitals that kept the homeless off the streets of Santa Barbara. Unfortunately, I don't think it's that simple.
I'd prefer if those mental hospitals were built somewhere where land is dirt cheap -- maybe in the desert. It's too darn expensive to be housing homeless in Santa Barbara. It makes zero economic sense and reduces the quality of life for every body.
Lars (anonymous profile)
March 9, 2009 at 6:11 a.m. (Suggest removal)
http://www.southparkzone.com/episodes...
It's stupid to just move the homeless somewhere else and say that it is another city's problem. All cities have homeless people, and the reason that homeless people move to one city or another is due to climate and how "easy" it may be for one to be homeless in a particular city.
If all cities began moving in the direction of being compassionate to homeless, and not criminalizing the activity of being homeless or existing in the city during the day then the homeless would naturally spread out and there wouldn't be homeless havens. This would help spread the costs of homelessness. If Santa Barbara chooses to be unfriendly to the homeless, then they are apart of the bigger problem rather than the solution. The solution is allowing people the freedom to exist as long as they are respecting property rights and not hurting other people.
loonpt (anonymous profile)
March 9, 2009 at 8:53 a.m. (Suggest removal)
loonpt: I don't have the patience to sit through a whole South Park episode right now (will do it later) but on the intro I notice Eric Cartman sings/shouts/ "ample parking day and night, people shouting 'howdy neighbor' ". Maybe there is a message for S.B. in Eric's message.
billclausen (anonymous profile)
March 9, 2009 at 3:13 p.m. (Suggest removal)
Most people in the US could work hard their entire lives and still not afford to live here in SB, yet we feel we HAVE to accommodate people who have not worked hard?
Where is the motivation for these people to get better if they are already on top of the world?
Lazy days at the beach apparently make past problems go away.
DBD (anonymous profile)
March 9, 2009 at 3:24 p.m. (Suggest removal)
In Isla Vista the reason "homeless" come is because they know nthey have a sympathetic audience that'll flow them spare change for beer or the magic elixir (beer) itself.
These are not "homeless" in the socially acceptable sense of the word.
The 1s we encounter in I.V. are not interested in getting themselves up, see the next buzz/high as the only goal worth attaining, don't want to go to a shelter because there are rules to live by (which they eschew) & know the student population will support them.
Funny how "homelessness" has changed. During the Great Depression there were hobos. These homeless individuals lost everything, but maintained their dignity & their goal was to go from town to town to seek work opportunities. Yeah, some were less motivated than most, but they were also not aggressive because of laws in place @ that time & the social scene didn't support that.
It wasn't until the 1970's that the "bums" started to make their appearance. Don't know if they were leftovers from the Flower Power days who were examples of 1 acid trip too many, but they started to emerge.
The "big release" of the mental institutions during the 1980's also presented the issue of mental illness as a contributor to the homeless problem.
Now I thinmk you just have some people that say "screw it, I'll let others support me" & that's a large part of what we have in Isla Vista.
My wife & I volunteer @ Transition House & can honestly tell you that there are a lot of homeless families, but they want to get back on their feet.
The "homeless" in Isla Vista are mostly looking for that "40 oz. to freedom." :) henry
hank (anonymous profile)
March 10, 2009 at 11:41 a.m. (Suggest removal)
Hank,
Good synopsis. Obviously a distinction needs to be made between folks who want to "get back on their feet" and straight up bum drunks.
That said, If I lost everything I'd hitch a ride south and live somewhere cheap like Arkansas or Mississippi. There are plenty of places where a job at McDonalds can pay the rent. Santa Barbara isn't one of them.
Lars (anonymous profile)
March 11, 2009 at 7:46 a.m. (Suggest removal)
So many opinions and so little facts. Here are some to consider:
1. Homelessness is increasing everywhere. People are not coming to Santa Barbara to be homeless, there is just more homelessness. Casa residents identifying their last housing as in Santa Barbara has increased by 20%. At the same time some of "ours" are in shelters elsewhere.
2. Stores are not closing because of homeless presence. Its the economy stupid. The LATimes today talks about Santa Monica, Pacific Palisades and West LA businesses closing and the amount of storefront vacancies. These problems are everywhere. Stop scapgoating the victims of the bad economy for the results of the bad economy. Get some logic. (And if their esthetic is bothering you to look at, why not build a place they can go and be out of sight.)
3. Moving treatment and care centers out where "land is cheap" doesn't work and has been tried. State of Ca built a huge mental health prison facility near Coalinga (as I recall) which it couldn't open because professional staff wouldn't live out there.
4. Each community produces its share of homelessness. Santa Barbara needs to recognize and accept its responsibility. More, Carpinteria, Goleta, and the County have failed to do even as much as the city has done.
5. Of course some homeless people say things like I don't want to work, take care of me, I need help, etc etc etc. This is part of their failure to function properly. This is what makes them unable to compete. Don't be bitter. Think about whether sleeping out in the rain and cold with no shelter and with odd handouts and occasional food and being harassed by the authorities and derided by the good burghers subject to all the illness and risk that such entails is an easy life. Mentally ill people say odd things but they should not be bound by what they say, duh!
6. The cost of housing the homeless is peanuts compared to what is spent on, for example, replacing the sidewalks every few years on State Street and other things taxpayers are expected to fund for businesses and favored groups.(such as the millions spent on the restoration of the Granada).
RHS (anonymous profile)
March 12, 2009 at 12:16 p.m. (Suggest removal)
RHS,
The "cost" of dealing with the homeless isn't the problem in Santa Barbara.
Folks are migrating from all over the West Coast to wealthy beach towns like Santa Barbara because of the warm weather and free services we provide them.
If it wasn't so darn easy to be homeless, most folks, except the most mentally challenged or drug addled, would naturally move somewhere cheap enough that a low wage job would pay the bills.
This community is being overrun primarily by drug addicts, not ordinary working folks who lost their jobs. State Street is infested with stinking, panhandling drug addicts who not only harm local businesses, but make Santa Barbara a less welcoming place for children, young families, and anybody else who wants to enjoy our historic downtown and not be bothered.
Lars (anonymous profile)
March 15, 2009 at 9:42 p.m. (Suggest removal)
Lars, I take pity on your cold heart.
And the hyperbole of your silly, overheated rhetoric which you attempt to pass off as shared wisdom doesn't reveal you as sage, just simple-minded.
Examples:
"so darn easy to be homeless," "this community is being overrun primarily by drug addicts," and 'State Street is infested with stinking, panhandling drug addicts..."
Really?
Easy. Overrun. Infested.
The standard definitions of these words do not apply to the problems we face downtown or with the panhandling which occasionally surfaces on State.
Nor does your bombast.
binky (anonymous profile)
March 15, 2009 at 10:59 p.m. (Suggest removal)
Here is something I heard on the Sunday night 11 O'clock news that still hasn't been posted on The Independent's website. http://www.noozhawk.com/local_news/ar...
billclausen (anonymous profile)
March 17, 2009 at 4:32 a.m. (Suggest removal)
http://www.keyt.com/news/local/413298...
Another source of the article. Anyway, I worked for ten years as a security guard for the News-Depress. (When I started out, it was simply the News-Press) Anyway, the problems I had were from Yuppies who insisted it was their right to park at the News-Press despite the ample public parking across the street. I never had a problem with being harassed by the homeless. This isn't to say that this isn't a problem as it's obvious many people have reported being hassled by them.
Here is my point: The city has long blamed the homeless for creating problems but at the same time turns a blind eye to the problem the drunks from the bars cause; why is this?...because the city created the problem by issuing all those permits in the first place and of course the bars attract spoiled college kids and gangbangers alike, but of course there is the fact that the bars bring revenue, while the homeless do not.
A woman I know who lives in that area (she lives in a house on property her family has owned since 1920) has endless problems with the bar patrons and is always wrangling with the city about how they urinate on her property and keep her up at night with noise, but hasn't reported problems with the homeless per se.
In short: The pseudo-progressives that run S.B. should take a good long look in the mirror before casting stones.
Moral of the story: Follow the money.
billclausen (anonymous profile)
March 17, 2009 at 4:57 a.m. (Suggest removal)
See! I hope you all realize now what a mistake it was to take out Hitler, he surely would have had a "final solution" to this homeless menace. Well, at least the Cold Springs Bridge is still a viable option. Maybe Lars idea to pay them $100 to JUMP might work. The money could be recycled to pay more homeless to jump after the road crews clean up the mess at the bottom. Or mayb pres 'YoBama's' FEMA will haul them off to the pending government death camps...OH, sorry, I meant 're-education centers'. Happy, happy, a clean and pristine Santa Barbara once again.
Alright, seriously; some of you hard core commenters should consider thanking God, or, if you're an athiest, give up thanks to whatever rock, twig, plant, or animal dropping you 'worship' that you're not presently occupying the same status as these unfortunate human beings!
Granted, many of these people smell like piss and they display the mannerisms of feral creatures, but every one of them is still a human being deserving of every effort and offer from the community they inhabit to somehow redirect and improve their situations, at least for those that are demonstratably eager to rejoin society.
Never, ever forget, barring the extra burdon of mental difficulties that plague many of these homeless, every single one of you may be one last paycheck away from rolling out your sleeping bag right next to one of those smelly undesirables!
I suppose that thought got lost while you were typing out your s**t rant on some $1000 laptop, sipping your freaking latte while the roof was redirecting the rain off your pointy little head.
EmperoroftheEarth (anonymous profile)
March 18, 2009 at 1:38 p.m. (Suggest removal)
The term "homeless" never fails to conjure up a specific image: Dirty and unkempt. In our beautiful, largely upscale paradise of a city where the trappings of material wealth are apparent almost everywhere, most of us turn away. As in the parable of the "good Samaritan", we tend to walk by on the other side of the road rather than have the day interfered with by someone who has been dealt a tougher hand in life than we.
We don't wish to even acknowledge their presence unless confronted; it makes many of us psychologically uncomfortable, knowing that so many people these days are a single paycheck away from .... homelessness. Then, we can't forget that a significant proportion of the homeless are combat veterans with PTSD or physical disabilities who have served their country in combat but subsequently discarded by the Pentagon as if they never even existed.
In the current economic fiasco, in which serial criminal activities and schemings by certain major banks and lenders have played a huge part, as well as fueling a foreclosure boom, the tally of homeless are being added to each day. Santa Barbara County is a "leader" in the foreclosure Hall of Shame: most foreclosures have been proven to be fraudulent and the Bank of America is undoubtedly the worst offender.
Many first generation homeless at least have cars or trucks to sleep in, the more fortunate can lay their heads at friends' or relatives' homes... but some are less fortunate even than that. And lest the reader feel that I am over-moralizing, let me tell you all that I am no better than anyone else who exhibits less than compassion for the homeless... I avoid them as well.
We're all to blame.
bloggulator (anonymous profile)
October 21, 2011 at 9:21 p.m. (Suggest removal)