New Legal Challenge against Arcata’s Anti-sleeping Law

Peace be with you

I had the honor yesterday of serving a new motion challenging Arcata’s camping ban – AMC §10004. The motion filed on behalf of two ticketed houseless people from Arcata, Brent and John. The basis of the motion is “seek[ing] discovery of specific evidence within the possession, custody or control of the Arcata City Attorney’s Office that is material to the defense of selective prosecution” (emphasis added).

The pro bono lawyer Tracy Rain (formally know as Tracy Herrin, and congrads on the new family Tracy) has again come to the aid of the city’s most persecuted, and least represented, residents. She file a motion for discovery based on a case from 1975 called Murgia Vs Municipal Court. It is really a two part motion. The first part is demanding to take a look at the records of the cops to see if the law is being enforced evenly among the population. That’s what Tracy filed yesterday. In fact the discovery as outlined in the motion is: “a. The name of each individual cited by Arcata Police Department (hereinafter “APD”) since March 13, 2006 for violation of Arcata Municipal Code, Title X, Chapter 1, Sec. 10004; and b. Address of each individual described in item 1a; and c. Address of alleged violation for each APD citation described in item 1a.”

The second part of the motion comes after the discovery is received and reviewed. It is a motion to dismiss (and declare AMC §10004 unconstitutional) on the grounds that the law is used to prosecute only selected members of the community.

Hopefully Tracy will win this first motion and be able to proceed with the second part. Even if she doesn’t she still has the other three constitutional issues she outlined in her the People vs. Peoples case from Eureka.

I still don’t know why Judge Morrison hasn’t ruled on that motion yet. My guess is, he’s trying to find a way to make it lose, and is having trouble doing so. I posted that post back on March 11, 2009. It is over six months later and not a peep out of the court. My understanding is that they only have 90 days to rule on a motion, but I don’t understand what one can do if they don’t.

love eternal

(update, I’m not good at proof reading this shit, so thanks for the heads up.)


6 Responses to “New Legal Challenge against Arcata’s Anti-sleeping Law”

  1. t Says:

  2. theplazoid Says:

    Peace be with you t

    What exactly will 1.5 million dollars for poverty pimps do for the needs of the houseless? I’ve watched grant whores suck up more than that. Most of it will be spent on a new ways to “manage” the houseless, and very, very little will be spent on actual needs of the unhoused. Just look at the Arcata Endeavor – half a million dollars spent on a kitchen that is to be closed down and given to the ball park.

    love eternal

  3. transient Says:

    do you think that humboldt county has 1/40th of he homeless population in california? because that’s the proportion of the overall funding from stimulus pakage

  4. fig Says:

    ______ OCTOBER 2, 2009 (Friday)

    — Glad to see people are willing and able
    to fight back against smarmy, too-clever-by-half
    government thuggery, even North Korean
    fascists are bewildered by — that is how the
    Americans do it oh-so-cleverly (practice tyranny
    against ordinary people just going about surviving)
    _________________________________ The end.
    10-2-2009 Friday.

  5. theplazoid Says:

    Peace be with you transient and fig

    Long time no hear from fig.

    I think Humboldt has at a minimum 1/40 of all the poverty pimps! I DO NOT think that 1.4 mil. will be spent on the houseless. It never has and probably never will be. The Endeavor is to be closed (again I point out that cost 1/3 of 1.5 mil). It is to be replaced by a “case management” required, Fox “when will we get the money” Olsen, run internment shelter out on south G street. When the ribbon was cut on the Endeavor it was said we would never let anyone go hungry in Arcata again, now you can’t even get the stale bread.

    George Santayana wrote, “Those who don’t know history are doomed to repeat it.” I would add that those who manipulate others for their profit, both know history and repeat it. Humboldt county’s biggest employer is the government, the biggest government are cops (1/2), and mental “health” drug dealers (1/4 +). That money like three quarters of the rest of the county’s money supply is meant for those people.

    love eternal

  6. Tom Sebourn Says:

    Maybe they will spend it on a 1.5 million dollar sleep depravation study. Darth Cheney was fond of sleep deprivation. Probably still is for those that don’t deserve to sleep. There is no standard anymore for what can be done to people if the right authorities deem them to be a threat.

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