imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Subscribe Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

CopWatch LA

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List





IMC Network: www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech
printable version - js reader version - email this article - view hidden posts - tags and related articles

LA Living in Vehicle Law Found UnConstitutional

by Peggy Lee Kennedy Friday, Jul. 11, 2014 at 12:22 PM

9th Circuit Court of Appeals Decision Overturns Long Standing Los Angeles Law Used to Criminalize the Vehicle Housed

LA Living in Vehicle...
copsonrv.jpg, image/jpeg, 797x570

It’s a sweet, but sad victory. This recently overturned unconstitutional Los Angeles City law, LAMC 85.02, has been used over the years to harm many more people than the four plaintiffs in the Desertrain vs. City of Los Angeles appeal.

Harassment, arrests, tickets, vehicle tows, pets taken to the pound, stay-away orders, intimidating city attorney meetings, unnecessary court appointments, warrants for those who could not show up, inappropriate fear mongering by the city and homeless hate groups - these are some of the injustices connecting the victims of this unconstitutional law. We have a systemically broken city government in Los Angeles that criminalizes poverty.

The hope is this decision will result in more overall justice for those being criminalized by the laws used to target homeless people. This would require our elected leaders finding the guts to honestly try to fix some deeply damaged policy, taking the responsibility to stop certain behavior, and even create some process of reconciliation. Not just using our tax dollars to pay for the many re-wounding mistakes of the City through costly litigation.

The City Attorney did, in his own way, acknowledge this in his June 19 statement regarding the decision: “We need to make a break from the past, recognize that the civil and criminal justice systems alone can’t effectively address homelessness, and commit ourselves to grappling with the issues that create homelessness in the first place.” With law enforcement taking up the largest portion of the city’s monies, shifting the budget toward policies focused on real solutions is much harder done than said. Talk is cheap, but the City Attorney coming out and saying that his office is not appealing the decision is a good baby first step for sure.

Carol Sobel, the civil rights attorney who won this important case, remains positive and believes “Not only is this a victory for unhoused individuals, but it is also a very important step in the judicial recognition of the need to address any legitimate issues the City seeks to remedy by some more humane means than criminalizing poverty.” And she is so right. There are plenty more humane means to addressing homelessness than ticketing, arresting, towing, and police harassment.

The story of this unconstitutional living in vehicle Los Angeles law is not new, but the lawsuit starts with Councilman Mike Bonin’s mentor and predecessor, Bill Rosendahl. He was champion for pushing through the OPD (Overnight Permit District) LA City law, specifically used to remove anyone living in a vehicle from a street – very often on streets with no residents, like by a park or a golf course.

It basically backfired. While we were fighting against OPDs at the California Coastal Commission, because Venice is in the coastal zone and parking equals access, OPDs were going up all over the rest of LA. The vehicle housed people had less and less places to park; while more people were becoming homeless and vehicle housed at the same time. Not such a smart move for Bill Rosendahl, considering the Venice OPD resistance we mounted.

Not one parking space in Venice was offered to the vehicle housed in order to offset this struggle to crimialized the vehicle housed out of Venice. Plenty of big talk from Bill about a safe parking program along with the money spent on some ridiculous consultant to create one. Not to mention how Bill touted that he was going to amend LAMC 85.02 so people could have a place to park!

Now the law is gone, where the hell are those safe parking spots Mr Bonin? (Mike Bonin, the current council person, was Bill’s chief of staff.) It is quite a bunch of S.H.I.T. as the City keeps putting up more “No Oversized Vehicles from 2-6am” parking signs everywhere in Venice to continue the criminalization removal efforts. But I digress.

Anyway, Bill Rosendahl and his criminalize-the-homeless posse lost their battle for OPDs at the Coastal Commission in 2009 and again in 2010. There began a never seen before war waged on anyone in what even looked like a live-aboard vehicle in Venice. I encourage everyone to read the 9th Circuit decision on line http://cdn.ca9.uscourts.gov/datastore/opinions/2014/06/19/11-56957.pdf. It is an easy nineteen-page read that tells a simplified version of the story of the four plaintiffs, described by a respected Judge. Nasty behavior by the City of Los Angeles, in Venice, is exactly what led to the Desertrain lawsuit. This included a considerable uncalculated amount of funds spend on different kinds of special task forces created to assault the vehicle housed population out of Venice. We really have no idea how much money this has cost the tax-payer and, more importantly, how much harm has been done to innocent people.

We are waiting for it to turn around. The money now spent on these over-the-top homeless “clean up” sweeps and defending the other laws used to target homeless people in Venice is more of the same costly insanity, now led by Mike Bonin. By the way, saying you are against criminalizing homelessness is not enough. In fact it is Orwellian to say the words when you support outrageous city recourses used for inhumane, non-solutions at the same time.

The City writes laws, often called Quality of Life Laws, and continues to enforce laws in a discriminatory way that affect homeless people disproportionately. Mike Bonin recently announced that his council district budget for prosecuting these types of laws had been increased. Not exactly the change we were hoping for.

The court determined that LAMC 85.02 was written and enforced in such a way that it encouraged arbitrary and discriminatory enforcement. Calvin Moss, with the Venice Justice Committee, commented that “The Judge just nailed it on this one, a classic historical constitutional decision.”

Ninth Circuit Judge Harry Pregerson wrote in his conclusion, “For many homeless persons, their automobile may be their last major possession — the means by which they can look for work and seek social services. The City of Los Angeles has many options at its disposal to alleviate the plight and suffering of its homeless citizens. Selectively preventing the homeless and the poor from using their vehicles for activities many other citizens also conduct in their cars should not be one of those options.”

Our Justice Committee does not enjoy catching the City violating civil and human rights. We would rather find real change.
Report this post as:
Share on: Twitter, Facebook, Google+

add your comments


Local News

Large Turnout for Dakota Pipeline Protest N16 3:35PM

NODAPL N15 2:24PM

Cruel Teacher Taunts 6th Grade Kids, Fired N12 8:47PM

How Cities Can Protect People Threatened By Trumpism N12 8:17PM

What ThisMeans, How This Happened, What to Do Now N12 5:03AM

PROTEST TRUMP TONITE N11 2:55PM

Westside Thanksgiving for everyone in LA ! N11 12:36PM

FOR A WORLD WITHOUT NUCLEAR RISKS   N10 5:05AM

Non-violent protest ideas; hooch bomb recipe N09 7:42AM

Nuclear Shutdown News October 2016 N05 6:17PM

State Legislature is where it's at N03 10:16PM

Tom Hayden on The Unfinished Business of Democracy O28 4:49AM

Video: Tom Hayden, Listen Yankee! 2015 O25 10:56AM

Art About Privilege Censored on Facebook O23 3:16AM

SAG-AFTRA video game performers on strike O22 11:04PM

Stop Circus Animal Suffering – Protestors Urge Audiences to Shun the Wild Animal Circus O20 3:04PM

KPFK LSB statement on DAPL arrests O19 10:25AM

Transit Dependent Residents Need a Guaranteed Right to Stay O15 11:36PM

My letter to JJJ on JJJ O11 12:33PM

Prop 60, Condom Law O10 12:43PM

KPFK-Pacifica Radio Archives being sold off on ebay? O10 10:31AM

KPFK struggles without re-solutions O07 2:25PM

Problems with Measure M O05 5:24PM

Stop Circus Animal Suffering – Protestors Urge Audiences to Shun the Wild Animal Circus S07 5:57PM

Nuclear Shudown News Aufust 2016 A30 3:46PM

WIKIpedia is not what we readers Thought nor is it even current about Pacifica or KPFK A24 3:10PM

"KPFK has a $500,000 deficit “ !! Can this be true? A19 6:10AM

Nuclear Shutdown News July 2016 A01 1:36PM

More Local News...

Other/Breaking News

Rapist Donald Trump and His Collaborators vs Successful Revolution D10 1:06AM

Insights D09 7:10PM

O YOU NEED AN URGENT LOAN FOR XMAS!!!!!! D09 11:30AM

(A-Radio) Anarchist Black Cross Czech: Presentation on Operation Fenix and related issues D09 9:33AM

US Election as a Turn of an Era D09 5:03AM

The Shortwave Report 12/09/16 Listen Globally! D08 4:29PM

Collaborationnisme holiste D07 10:31PM

USA's Cowards D07 6:48PM

Paraphysique du cyberespace D05 10:39PM

Require a Citizenship and Constitutionality test for all Lawmaking Bodies – Robert George D05 1:17PM

Mobile Combat Generator D05 6:14AM

Stop Jeff Sesssions From Making U.S. into a Sadistic State! D05 5:04AM

Democracy and the Uncanny Power of Money D05 4:29AM

Global Warming / Climate Change - What's it all About? D04 10:22PM

Mobile Combat Live Generator D04 2:15PM

Don't Deforest For The Holidays D04 10:20AM

Movies and Series Online D03 8:04AM

Dissymétrie symétrique D03 1:19AM

Dissymétrie symétrique D03 1:12AM

Human rights Group applaudes Anti-Semitism Awareness Bill D02 9:39PM

Philippines: Marcos burial forms part of pattern towards authoritarianism D02 6:51PM

The Shortwave Report 12/02/16 Listen Globally! D01 5:58PM

Bullet Force Live Hack D01 8:14AM

Gamification d'incommunicabilité N30 10:21PM

Fukushima quake rock's Japan's and the globe's N30 5:37PM

Award Winning Action Documentary "Lion Ark" Available on DVD N30 10:50AM

Donald Trump as the Antithesis of Liberal Politics N29 6:23AM

Paraphysique du suicide N28 10:10PM

More Breaking News...
© 2000-2003 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy