LOCAL: SLO Homeless Harassed in the Middle of the Night
WEDS. MARCH 7, 2012
The letter below was addressed to the San Luis Obispo City Council. Out of the 5 council members, I got a response back from only 2: Jan Marx (Mayor) and John Ashbaugh (City Council). Here is the original letter below:
I am writing regarding the recent controversy surrounding local law enforcement and their middle-of-the-night raids on our local homeless population who are sleeping in their vehicles. The actions of local authorities must halt until they can answer the big question of the homeless: “Where do you want me to go?” Unless you have experienced homelessness (I have not), its hard to understand the stress that being homeless puts on the majority of that population. If you add to that situation uniformed patrolmen driving up in armed vehicles who somehow feel the need bang on these peoples vehicles in the middle of the night, something bad is bound to happen, sooner or later. When the government takes complete control of our lives, they are no longer in the position to avoid the question of where the homeless are allowed to go.
Don’t believe me? I’ll give examples that I have experienced personally. When I wanted to add an electrical wall outlet in my home, I was required to get a permit and then let strangers into my home to inspect the work. When I wanted to remove a tree in my front yard that was a nuisance (a Eucalyptus tree that drops acorns and kills my lawn), I had to apply for a permit that may not have been granted - then I’m stuck with that awful tree. If I leave my trashcans in my driveway, I am subject to a fine from my local government, who apparently knows best where I should store my stuff. The local, state and federal government legislate every aspect of our lives, and thus must take responsibility for giving the homeless options that are better than “just move on down the road - anywhere but here”.
Back in the days before the government strangled our freedom (see previous 3 examples of no-doubt well-meaning government control), a homeless person could perhaps park on a lot at the edge of town (with the permission of the owners), and manage to survive. Those options are no longer available. Time for our comfortable law enforcement personnel (who no doubt know where they are going to sleep each night) to stop treating homelessness as a crime, and come up with some solutions immediately. The person sleeping in their car (or in a creekbed) doesn’t have time for endless bureaucratic machinations (like the 10 year plan) - they need solutions now. Those in power in our government have the authority to create a solution - but will they? Powerless private citizens, like Dan DeVaul, don’t stand a chance.
I understand that the homeless that are living in their vehicles are alleged to be causing various nuisance type problems. These include discarding trash alongside the road, as well as human waste. To me, this is a law enforcement issue, where the law enforcers must go out and catch the law breakers in the act, and then prosecute them under the law. I suspect that only some of the homeless are guilty of these violations, but are all being lumped together as scofflaws. Remember that you are innocent until proven guilty. I favor prosecution and citation for those who break the litter laws, but not a blanket accusation that all are guilty, without collecting actual evidence valid in a court of law.
In addition, the homeless are being cited for sleeping in their vehicles. Once again, I wonder how often law enforcement is actually collecting real evidence for use in their citations? The California Drivers License Handbook put out by the California DMV (English 2009 Version) states on Page 73: “If you are sleepy, the only safe cure is to get off the road and get some sleep.” Perhaps the homeless have pulled off the road to get some sleep because they are too drowsy to drive? Perhaps they are given citations without proof of illegal sleeping in vehicles? Homeless vehicle owners receiving citations often have no ability to pay those citations, and thus lose their vehicles and become homeless and living in our creeks and underpasses. This is not a solution - it on exacerbates the problem.
I have numerous homeless friends, and they currently feel like war is being declared on them (none of them live in their vehicles - they all live in tents along creeksides and under overpasses, etc.). I have personally helped several of them move their tents on a weekly basis for the last month due to increased level of scrutiny by the SLO PD. They are too afraid to do anything but comply. I suggested that they ask the law enforcement personnel where they should go, but they are too afraid of authority to ask. They feel more like hunted animals. You have to ask yourself what you would do in their situation? No, it is NOT a valid answer to say that you would never get in that situation. We all are subject to injury, mental illness, layoffs, the bad economy, poor judgment, etc. It could happen to you. So answer the question, please - what would you do? I have asked that question of myself many times.
Additionally, many men (and its mostly men who are homeless, in my experience - despite the statistics that may say otherwise) will not do intake at Prado for a variety of reasons that are too lengthy to get into here. That is reality. Chasing the homeless to another town is NOT a solution. Scaring the hell out of them in the middle of the night is NOT a solution. I'd be happy to suggest numerous solutions, were I to believe that any authorities out there like yourself have the inner fortitude to stand up and address the problem - not just write reports.
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WEDS. MARCH 7, 2012 - Response from John B. Ashbaugh, SLO City Council
Thanks for sharing your views, Tim. We're working as hard and as fast as we can, and we will begin to implement solutions in the very near future. That's as close to "immediately" as we can get.
John B. Ashbaugh
San Luis Obispo City Council
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THURS MARCH 8, 2012 - Response 1 from SLO Mayor Jan Marx
Hi Tim,
Thank you for your email on this important and complex issue. It is a long time personal concern of mine, and definitely on my radar screen as Mayor. My husband and I have volunteered at the Presbyterian Church overflow project, and I work with my Rotary Club to provide dinner at the homeless shelter on a regular basis.
On March 20, the council will consider a pilot program for overnight car camping at Prado Day Center's parking lot. The agenda report will be out March 13 on the city website, slocity.org, if you would like to look at it. I would appreciate your input on this proposal.
Our police chief, Steve Gesell, was responding to complaints when he decided to enforce the city ordinance prohibiting overnight car camping on city streets. Here is an excerpt from an email he sent council, below. Of course, not every homeless person is a criminal, but neither is homelessness an excuse for criminal behavior, as I am sure you would agree. To me, the question is, how do we help them help themselves out of their situation?
All the best,
Jan
"A query of our records system suggests that calls for service involving the transient population have nearly doubled in the last five years. PD Staff believes the actual numbers to be significantly higher due to limitations in the search field.
· There have been two recent assaults on Prado. At least one involving a customer at J.B. Dewer.
· Prado staff reports significant increase in illegal campers within the last six months. They estimate 2/3 of these campers have substance abuse issues, mental illness, behavioral problems or are registered sex offenders which would make them ineligible for services such as a traditional safe parking program.
· Prado Day Center staff report being threatened/harassed by campers on Prado Lane.
· City of SLO employees working at the Corporation Yard have expressed safety concerns.
· The suspect (at large) in the most recent stabbing at Monterey and Broad is believed to be a transient with the moniker “Nobody”.
· The stabbing at Globe Park last year was committed by a transient.
· I personally witnessed a group of ten transients drinking at the circle/tribute to former City Councilman Bill Roalman adjacent to the Bob Jones trail and new pedestrian bridge. At the same time I observed two small boys near the bridge deliberating whether they should continue down the trail. They ultimately walked West on Prado Lane instead.
· The Globe is frequently closed by the Parks and Rec Director to suppress criminal activity at the PD’s request due to drug use/sales, alcohol consumption, smoking, dogs off leash, and physical altercations. The same issues surround Mission Plaza.
· The Chamber and business owners frequently report incidents of littering, urination/defecation, trespassing, camping, disorderly conduct, and aggressive panhandling. I personally met with Chamber leadership last week for a prescheduled meeting. Transient impacts were the only concern brought forward by Chamber leadership during that discussion.
· We’re currently working with other stakeholders to enhance penalties for repeat offenders (primarily for alcohol related offenses).
· I was informed by Parks and Rec staff that approximately 40 tons of refuse was removed from abandoned transient camps last year -primarily in our creeks.
· SLOPD currently tracks 25 registered sex offenders that are transients. Most are believed to camp south of Prado Road. The 2005 homicide/rape in the creek adjacent to the Mission was committed by a registered sex offender transient that was staying at “Duvall Ranch” at the time of the homicide."
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THURS. MARCH 8, 2012 - My Response 1 to Mayor Marx
Hi Jan, As always, thanks for your prompt response. I appreciate your concern. I will look at the 3/13 agenda report when it comes out. The powers-that-be, in the cases that I am familiar with, is the city of SLO. What is the answer TODAY to the homeless when they ask the authorities: Where do you want me to go? As far as I can tell, that answer is still "Go Away". That's not acceptable to me. These people need to have somewhere to sleep TONIGHT - not next week, next month, or next year. I know you understand what I am saying.
I've been spending a lot of my evenings in the last month helping homeless people move their camps after being threatened by what they describe (I am not an eye witness) as the SLO PD. Maybe you should join me some night and see what fun these people are having when they have nowhere to go. Their fear, stress and anxiety are at high levels in these situations. They often break down and cry. Grown, hardened men. One of them is in jail because he could not pay a citation.
Not sure what to make of your list below. I approve of citing and arresting lawbreakers. I approve of collecting legal evidence against them and prosecuting them. I do not approve of citation and arrest of those whose only crime is they cannot find a job and cannot find a place to sleep. The list below appears to be a list of crimes that the police should be pursuing - I agree. IIRC, sex offenders must be registered with the city, including where they live. Since SLO PD knows they are sex offenders, isn't it a crime not to register? You would know better than I would. Much of what is below is opinion ("believed to be a transient"). How about we provide solutions to law-abiding transients, and prosecute law breaking transients? Did every vehicle that had their door pounded on in the wees hours of the morning contain a person with whom the police had evidence of criminal behavior (other than wanting to sleep?). I doubt it. I understand that this type of law enforcement is hard work, but isn't that what the SLO PD gets paid their 6 figures salaries to do?
Did Police Chief Steve Gesell decide that knocking on doors at 2 or 3 am was the best time to enforce the city ordinance prohibiting overnight car camping on city streets? Maybe it would have been best to do surveillance of the area, determine when the transients tended to emerge from their vehicles, and talk to them then, while they and their children are awake? What is served by scaring people so badly? You only invite trouble, IMO. If so many of them are mentally ill, as is alleged, is it good judgment to take the middle-of-the-night get-em-out-of-bed and scare 'em approach?
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THURS MARCH 8, 2012 - Response 2 from SLO Mayor Jan Marx
Thanks for getting back to me Tim. I agree the situation is very serious and complex. The individuals who have ended up in this situation each have their own, often moving, story. Often substance abuse, mental illness and/or anti-social behavior are factors in their inability to garner support from their friends and family. Often, they simply do not want to accept medical treatment or assistance from social services.
Our city does more than any other city in the county, or the county itself, to address homelessness. But, obviously, the problem is not easily solved. However, we can make progress. Please feel free to share your insights and concerns with our new Police Chief Steve Gesell and to discuss his “take” on this difficult problem. His contact information is below.
All the best,
Jan
Stephen Gesell
San Luis Obispo Police Chief
1042 Walnut Street
San Luis Obispo, CA 93401
(805) 781-7020
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THURS. MARCH 8, 2012 - My Response 2 to Mayor Marx
Hi Jan, I know that you have better things to do than correspond with me, so I do appreciate your attention to this issue. I would love to have a BRIEF 10 minute conversation about this issue with Police Chief Gesell, if he is willing to talk with me. I manage the homeless shelter overflow at the United Congregational Church (Los Osos Valley Road) for the entire month of July (up to 32 clients from CAPSLO every night), plus volunteer at all the other church overflows (including your Presbyterian Church), plus volunteer at Prado, plus I always have 2 or 3 homeless people outside of the CAPSLO system that I provide assistance as best I can, plus I've employed homeless people over the years to help out as best I can. Believe me, I'm no expert on any of this, of course, but I do have some potentially useful ideas. I am easily accessible via the phone numbers below (cell phone first, work phone 2nd, home phone 3rd). I'd love to have that conversation with the Police Chief, if there's even a slight possibility that some good would come of it. Thanks again.
--Tim
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FRIDAY MARCH 9, 2012
CONVERSATION WITH POLICE CHIEF GESELL
On Friday, March 9, 2012, I spoke for over an hour with San Luis Obispo Police Chief Steve Gesell. This was facilitated by Mayor Marx (thank-you). Chief Gesell was polite and respectful, and so was I. He insisted on going over information that I already knew. Clearly, this was a PR thing, and it would APPEAR that he was instructed to talk to all the people like me that were complaining about the SLO PD's gestapo tactics in knocking on RVs with people sleeping in them in the middle of the night.
He was skillful and polite, but the bottom line is that he believes that homelessness in the SLO-area (I'm PARAPHRASING here) is almost entirely due to the lifestyle choice of our local homelessness, and has NOTHING to do with the current weak economy in California. Moreover, he claimed that CAPSLO Director Dee Torres told him as much. I phoned Dee to discuss this and other items brought up by the Chief, but she had her assistant call me back (as she was on jury duty). No, I don't expect a call back from her either, though I asked for one. I don't believe this is true, though it would not change much if it was.
I do believe that our current weak California economy has caused additional citizens to go from having a home to homelessness - to believe otherwise defies logic, in my opinion.
In addition, Chief Gesell would not directly address the question of where should the homeless go. He INDIRECTLY indicated 2 things he would tell them: 1) sleeping in your vehicle is illegal 2) you came from somewhere else - I took this to mean that they should go back to whereever they came from.
In addition, the Chief appeared to believe that since they have inadequate police resources, they are free to assume that those parked near the trash and human waste on Prado were the ones that put it there, and that they do not need to witness such acts. Guilty based on circumstantial evidence.
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SATURDAY, MARCH 17, 2012
Response 1 from Police Chief Gesell
Finally, I did not tell you or imply that all homelessness was rooted in choice, nor did I say Dee agreed with this. Apologies if I wasn't as clear as I could have been. We discussed mental illness, addiction, and the poor economy and I did say some will and continue to make lifestyle choices at the community's expense.
I did reference the reality that many of those transients who currently generate up to 28 percent of our total calls for service during daytime hours have substance abuse problems that will preclude them from programs such as the safe parking proposal. This statistic (which I didn't mention to you) should concern you as it does me. Help us find solutions that bring this number down.
Thanks again for you input and involvement.
Sent from my iPhone
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SATURDAY, MARCH 17, 2012
Response 2 from Police Chief Gesell
Tim, thanks for the reply. Please remember the police are often at the center of deep issues that have a public safety component. My role is a small but highly visible one which is underscored by your reference to me in your email to Council. I'm hoping you will consider this as I am anything but a crusader against the homeless. I completely support the programs we have and the parking proposal. It goes without saying I have a duty to address real public safety issues knowing some will choose to frame me in a negative light.
Wouldn't be able to speak to the correlation other recession and spike in our numbers. I would think its a contributor, just not sure how much. Social service providers would have a better idea.
The greater question in my mind is what is attracting what seems to be a disproportionate number of homeless folks to SLO. Im sure you would agree other communities should share the same compassion you and many others do. If not, our capacity will be exceeded as it has in other cities. A tight job market and social service programs is not a place set up for getting people back on their feet and out of homelessness.
As far as a correction, I'm not concerned. These things happen all the time, particularly when people are passionate about the subject matter. I appreciate the offer though! Enjoy your weekend.
Sent from my iPhone
