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Francis House

Safe Ground Sacramento's 

Community Bulletin  

Third Issue, May-June 2011 

Steve Watters, Executive Director

Hello and Welcome,

As we move into the summer months Safe Ground continues to work toward the identification of a site for our transitional housing community and outreach services. We have a team of volunteers working to gather information on potential sites, both public and private parcels are being considered. We continue to look for 2.5 - 5.0 acres within close proximity to RT access and in areas across the city and county that we feel would be acceptable to most in the community. It is our expectation to take a recommendation back to the city council within the next 30-45 days. We also will be talking with members of the Board of Supervisors about potential county owned parcels and SHRA about potential sites under their control. Recently,  I was informed about the progress to have a substantial number of new subsidized housing units soon to be available. This is good news and something to be thankful for in these extremely hard economic times. Safe Ground will  work to steer those most in need to these units.

In spite of these positive efforts I feel the need to mention that in many other cities across the nation there are legal homeless encampments. These include short-term and long-term encampments based on the local plan developed with and agreed to by local authorities, advocates and homeless leaders. The key point here is that they are legal, whether an encampment with structures such as Portland's Dignity Village, a tent encampment such as St. Louis' Hopeville or a major complex with extensive services such as San Antonio's Haven for Hope. In our city and county, Sacramento, we continue to struggle with a decades old policy that has failed consistently for 30 years. That is the foolish and mean-spirited policy of criminalizing homelessness, blaming those most vulnerable of our citizens for being homeless and forcing them to constantly move their temporary shelters and what few belongings they have, while enduring additional hardships including harassment, threats, camping ticket fines, and/or confiscation of their belongings, as though this will solve a major social problem. For thirty years the officials in Sacramento have been hoping that this policy will magically make this problems disappear rather than stepping up like many other cities have done to face the problem and look for a long-term solution. They might as well be sprinkling fairy dust. The problem doesn't just go away.

Despite these frustrations we are continuing our good faith effort with the city and county. We hope that they can be persuaded to agree to a common sense and humane solution to this problem. Homeless people are not criminals -- this problem is more complex than those encouraging these techniques would have us think.  Safe Ground is about a solution, not to all of homelessness, but as part of an integrated solution that  can succeed. Safe Ground has developed a low cost, repeatable transitional housing and outreach services solution that can help get homeless people off the streets and American River Parkway and into programs that will help them gain the skills, confidence and good health required to escape the vicious cycle of homelessness.

Safe Ground needs your help and support. Please pass this newsletter to friends, family and others that might be able to help. If you are able to volunteer or donate we need your support.  

Steve Watters

Executive Director

John Kraintz, Board President

Record rain and snowfall have created unusually high river conditions this year. This has made it virtually impossible for homeless people to remain concealed. It seems to embarrass policy makers in the City and County which results in increased law enforcement activity. Once again, this is just implementing a policy of arresting our way out of homelessness-something that has never worked.

Recently, at a press conference, thanking the churches for their participation in the Winter Sanctuary, Supervisor Phil Serna told everyone how heartbroken he was to see the homeless living in tents and shanties during the homeless count. What he didn't say was that the next morning law enforcement was sent out to take even these meager forms of shelter, leaving the homeless to fend off a rain storm with nothing. This is why we need Safe Ground and we need it NOW!!

Witnesses and supporters taking a lunch break outside the Federal Building

Homeless people won a Federal lawsuit against the City of Sacramento that will have a bearing on Constitutional Law. Lehr, et al. vs. City of Sacramento, et al., a class action lawsuit, was originally filed in 2007 against the City and County of Sacramento. After mediation, the County settled out of court, but the City would not settle and insisted on going forward with a jury trial. The claim was that law enforcement and other city or county employees confiscated and destroyed homeless people's property without giving them adequate notice beforehand, without storing their property, without giving notice as to where to pick up their property, and that the City failed to train their police officers with proper policy and procedures for handling property. Originally, the lawsuit was trying to address the anti-camping ordinance but that item was disallowed by the judge.

The trial began on May 9 in Federal Court, with Judge Morrison England presiding. Cathleen Williams and Mark Merin were the attorneys for the plaintiffs and Chance Trimm was the City's attorney. Mark Merin made the opening commits and said that they would show the City not following the 4^th Amendment, that assures people are secure in their possessions and protected from search and seizures, and that possessions should be taken into custody like everyone else's. Also, he pointed out the 14^th Amendment about due process and equal protection.

Most of the witnesses called were homeless people whose property was taken and thrown away by police or the Sheriff's work crew under police direction.  Some had received notice before the property was taken, but none of them got notice where to pick up their property. Police Officer Mark Zoulas testimony revealed that they did not book property unless someone was being taken to jail, and a small number of times property was booked for evidence (such as when Safe Ground took a stand and was arrested). So the reason no one was given notice where to pick up their property was because their property was not stored-it was thrown away in the garbage.

The defense's main arguments were that Officer Zoulas, also known affectionately as "Batman", was a good guy and received many awards for compassionate policing.

The trial lasted six days. The jury deliberated for ten days, delivering their verdict at 4 PM on May 24. For some reason the jury did not all agree that police made it a practice of throwing people's property away, or failed to notify people before throwing their possessions away. They did agree that the police failed to give adequate notice as to where they could pick up their possessions. Because of that ruling, that people were not given notice where to pick up their property, their property was lost to them and that loss was the city's fault. We are expecting homeless people will be compensated for their losses, but probably a couple months more will be required for further negotiations before final outcomes can be reported.