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