Loomio

Legal: Permits? Do we need stinking permits?

T Tricia Public Seen by 37

Let's research the laws about sleeping on the sidewalk as protest - Lets be aggressive in opposing limits to free speech by real people. The 1% is now able to spend as much money as they want- why can't we spend as much time as we want even overnight

T

Tricia Thu 24 Apr 2014 12:54PM

It's not a crime to sleep Here's some info on California laws and how they are selectively used against the homeless

+1 on "guidebook" rather than "rule" book

http://www.berkeleycopwatch.org/resources/homelessrights.pdf

T

Tricia Thu 24 Apr 2014 1:30PM

This is a new real law in CA ~ It outlines our human rights ~ homeless or housed

+++++++
AB-5 Homelessness. (2013-2014)

http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml 53.2. (a) The existence of homelessness requires that fundamental rights that are amply protected in the home and in private places be extended to the public domain to ensure the equal rights of all Californians, HOMELESS and HOUSED.

(c) “Harassment” means a knowing and willful course of conduct by law enforcement, public or private security personnel, or a BID agent directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing a person.
(d) “Homeless persons” or “homeless people” means those individuals or families who lack or are perceived to lack a fixed, regular, and adequate nighttime residence, or who have a primary nighttime residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation. “Homeless” also means a person whose only residence is a residential hotel or who is residing anywhere without tenancy rights, and families with children staying in a residential hotel whether or not they have tenancy rights.
(e) “Public space” means any property that is owned by any state or local government entity or upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation, public buildings and parks. “Public space” does not include a private business establishment.
(f) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying.
(g) “Soliciting donations” means asking for food, water, or money, which includes panhandling.

++++++++

From this law it seems our basic human rights and legal and civil protections,
(1) The right to move freely in public spaces without being subject to criminal or civil sanctions, harassment or arrest by law enforcement, public or private security personnel, or BID agents because he or she is homeless.
(2) The right to rest in a public space without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents, as long as that rest does not maliciously or substantially obstruct a passageway.
(3) The right to eat, share, accept, or give food or water in public spaces in the same manner as any other person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents

(6) The right to rest in a public space, without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents,
(8) The right to pray, meditate, or practice religion in public spaces in the same manner as any other person, without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents

(10) The right to occupy a motor vehicle, as defined in Section 415 of the Vehicle Code, or recreational vehicle, as defined in Section 18010 of the Health and Safety Code, either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without being subject to criminal or civil sanctions, harassment, or arrest from law enforcement, public or private security personnel, or BID agents.

(b) Any person or organization offering food or water in a public space shall not be subject to criminal or civil sanctions, arrest, or harassment by law enforcement, public or private security personnel, or BID agents.

53.5. (a) To ensure equitable and cost-effective enforcement of the Homeless Person’s Bill of Rights and Fairness Act (Ch.____, Stats. 2013), every local law enforcement agency shall annually compile and review the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:
(1) Obstructing a sidewalk, whether by a person or personal property.
(2) Loitering.
(3) Sitting.
(4) Lying down.
(5) Camping.
(6) Public lodging, including the prohibition specified in subdivision (e) of Section 647 of the Penal Code.
(7) Sleeping in a public place.
(8) Soliciting donations.
(9) Soliciting donations at certain restricted locations, including citing people for panhandling under Section 22520.5 of the Vehicle Code.
(10) Bathing in public places.
(11) Sharing or receiving food.
(12) Inhabiting or sleeping in a vehicle.
(13) Violating public park closure laws.
(14) Crossing streets or highways at particular locations,

T

Tricia Thu 24 Apr 2014 2:01PM

There's a curfew ordinance for minors under Title 9 PUBLIC PEACE, MORALS AND WELFARE. It's from 10-6, with an exception
8. Exercising First Amendment rights protected by the United States or California Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly;

http://www.qcode.us/codes/sacramento/

JC

Julia Clark Fri 25 Apr 2014 1:27AM

I'll make an effort to reach out to Occupy Police.
It is best to let the city work with the city, if possible.
I negotiated a fair agreement between Occupy Savannah and the city.
The tensions are not the same as they used to be, though do not mistake that for the summer of love either.
There is a lot to a festival and that is basically what this is.
The city workers including the officers that will be stuck watching us are part of the 99% They are working joes. The clerks, the sanitation department, They may have a city job ( if they are lucky and it has not been privatized into a nightmare) but they are making the debt payments like everyone else.

Going and taking to the chief getting a feel before hand is a good idea. And Ofc heads up the ACLU.
But you do not want to go with a fuzzy idea of what is planned, however, a made in stone plan is also a bad footing too. :)

J

Poll Created Mon 28 Apr 2014 11:27PM

Creation of Legal Stirring Commitee Closed Sun 4 May 2014 6:45PM

Outcome
by Tricia Wed 26 Apr 2017 9:10AM

More strategy and research needs to be done. Occupy Sacramento has a good relationship with National Guild attorneys. Let's come up with some more questions

I propose we empower a group of individuals to research the legal issues facing Nat Gat 2014 with the goal of producing a Know Your Rights Guild online.

This group would then help cultivate & coordinate skill shares during Nat Gat.

Results

Results Option % of points Voters
Agree 66.7% 2 DB S
Abstain 0.0% 0  
Disagree 33.3% 1 L
Block 0.0% 0  
Undecided 0% 52 M J FW J LS TL JH J T P JC KAF SG C CG K LRR UB DH CM

3 of 55 people have participated (5%)

L

Lisa
Disagree
Sun 4 May 2014 3:22AM

We've got excellent National Lawyers Guild attorneys who can answer any questions. I'm going to ask that they give a "know your rights" workshop at NatGat.

DB

Delphine Brody
Agree
Sun 4 May 2014 8:04AM

Our local NLG & civil rights attorneys can advise. A KYR skill share is needed for activists from near and far. Specific hub & event sites (county, city, public vs. private, zoning, permits or no) & types of actions should be taken into account.

SG

Sally G Tue 29 Apr 2014 12:20AM

know your rights “guild” or “guide”? Probably the best way to do this would be to go to the experts as Julia suggested (Occupy Police) and NLG, ACLU, NLCHP, etc. There may already be a California guide that we can simply pass along.

T

Tricia Tue 29 Apr 2014 1:33PM

Sacramento has a chapter of the ACLU http://www.aclusac.org
Someone wanna step up and reach out and see if we can get some Know Your a Rights at a Protest booklets and relevant info on Sacramento’s protections and restrictions regarding our First Amendment Rights to Free Speech and Peaceful Assembly

SG

Sally G Tue 29 Apr 2014 2:56PM

Tricia, can you e-mail LInda and/or Gandalf to find someone in Sacramento to do that? They may already have a contact—if not, having the host Occupy contact them still seems to make sense to me. If not, I can do it—going back to work now, and do not want to lose this.

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