Wednesday, February 15, 2012

'A People's History of the United States' Comes to Life

The school is Team En­gle­wood High School, lo­cated in one of the city's poor­est com­mu­ni­ties, and the stu­dents are part of a group that will per­form a local spin­off per­for­mance of Howard Zinn's A Peo­ple's His­tory of the United States in the spring. The adults are a small group of movie stars, rap­pers, pub­li­cists, pho­tog­ra­phers, pro­duc­ers, teach­ers, and re­porters.

And, no pres­sure, but they've all come to hear what Team En­gle­wood's seven se­niors have to say.

As part of the pro­mo­tion for a new ed­u­ca­tion ini­tia­tive based on Zinn's book, Matt Damon and Lupe Fi­asco, both of whom ap­peared in the 2009 doc­u­men­tary, The Peo­ple Speak, have come to Chicago to per­form in a ben­e­fit show and to talk to the En­gle­wood stu­dents about Amer­i­can his­tory and hear them per­form some of their own pieces.

"If [stu­dents] can con­nect to these his­tor­i­cal fig­ures, hope­fully they will see them­selves as part” of his­tory, Damon said, touch­ing on one of the cen­tral goals of Zinn’s work—and of the non­profit Voices of a Peo­ple’s His­tory of the United States, which has cre­ated a cur­ricu­lum based on Zinn’s book. The group’s mis­sion is to “bring to light lit­tle known voices from U.S. his­tory,” in­clud­ing those of in­ner-city stu­dents of color. As part of this goal, they are rolling out an ed­u­ca­tor’s toolkit for 1,000 teach­ers in Chicago, com­plete with videos, les­son plans, and lo­cally rel­e­vant read­ings.

“We se­lect ma­te­r­ial from the past that speaks to the pre­sent,” said Brenda Cough­lin, founder and di­rec­tor of the non­profit. “We want stu­dents and peo­ple in the com­mu­ni­ties to be able to … say to young peo­ple: you make his­tory.”

“We’re ex­pand­ing the no­tion of what lit­er­a­ture is: a canon for the peo­ple, of the peo­ple,” says Kevin Coval, a hip-hop poet, ed­u­ca­tor and co-founder of the teen po­etry fes­ti­val Louder Than A Bomb, who is over­see­ing the pro­ject in Chicago. Stu­dents will be asked to re­spond to speeches from So­journer Truth, Fred­er­ick Dou­glass, and oth­ers with their own text in their own words.

“It’s re­ally nice to hear you guys own your own voices and have power,” Damon tells the group. Hav­ing grown up next door to Zinn in Boston, he says bring­ing the pro­ject to life with the voices of stu­dents is par­tic­u­larly ex­cit­ing for him. Damon, who was in el­e­men­tary school when A Peo­ple’s His­tory was first re­leased, in 1980, brought the book to class on Colum­bus Day that year, and read from the first chap­ter on in­dige­nous peo­ple.

A key mes­sage of Zinn’s work, Damon told the stu­dents, is that “change al­ways, al­ways comes from the bot­tom up.” It’s up to any­one “at the bot­tom to ag­i­tate and de­mand what is due to them.”

For stu­dents like those at Team En­gle­wood High School, the em­pow­er­ment as­pect is cen­tral. The En­gle­wood neigh­bor­hood led the city in homi­cides last year, and, ac­cord­ing to the Chicago News Co­op­er­a­tive, about 32 per­cent of res­i­dents live below the poverty line.

“It touches me that you guys would come here to En­gle­wood and do work like this,” said Jerome Wade, 17, who said he was born and raised in En­gle­wood. “The first thing [about En­gle­wood] that comes to your mind is gangs, but it isn’t only like that. You may not have the funds to do some­thing, but every­one has a voice.”

The stu­dent’s ex­cite­ment at the celebrity ap­pear­ance—and at sim­ply being lis­tened to—says Chicago-born-and-bred rap­per Lupe Fi­asco, “shows the op­pres­sion of their voices and their ex­pe­ri­ences.”

The pro­gram also hopes to chal­lenge a con­tentious trend in ed­u­ca­tion: the push to edit out parts of his­tory. In Ari­zona, eth­nic stud­ies were banned and de­funded be­cause of al­le­ga­tions of “eth­nic chau­vin­ism,” while a con­ser­v­a­tive group in Ten­nessee wants to re­move any men­tion of the Found­ing Fa­thers being slave own­ers from text­books.

In con­trast, the cur­ricu­lum is meant to be an an­ti­dote to much of main­stream his­tory, which “teaches a wa­tered-down ver­sion of the vic­tors,” says Coval.


Yana Ku­ni­choff wrote this ar­ti­cle for YES! Mag­a­zine, a na­tional, non­profit media or­ga­ni­za­tion that fuses pow­er­ful ideas with prac­ti­cal ac­tions. Yana is a Chicago-based jour­nal­ist with Truthout.​org and The Chicago Re­porter, where she re­ports on pol­i­tics, im­mi­gra­tion, and any­thing going down in the streets.

Tuesday, February 7, 2012

THERE WILL BE BLOOD: California Penal Code Lodging 647(e) VERSUS The First Amendment

'WRIT OF HABEAS CORPUS' REGARDING CALIFORNIA'S LODGING LAW 647(e) CHALLENGES LAW'S APPLICATION DURING A FIRST AMENDMENT PROTECTED DEMONSTRATION ON BEHALF OF HOMELESS PEOPLE

My Attorney, Jonathan Che Gettleman, Files 'Traverse', Steps Closer to Either a Judge's Decision Or a Hearing

Courts Reassign Case to Honorable Judge Paul Marigonda

by Linda Ellen Lemaster for Linda's hearth

I've let myself get stalled trying to figure out how to write an update on the current homelessness/political scene. There is so much activity since new year began, I wanted to send news about three huge things and some casual mentions.

But turns out I can barely handle one paragraph at a time, just now. Here's my update and perspective followed by my attorney's recent email and attached legal document filed early February --- regarding the Lodging 647(e) courtroom struggles.

Friday a week ago, Gary Johnson, a homeless defendant from a Lodging ticket sentencing, had a moment in court to try again launch a Demurrer, thanks to his attorney Ed Frey who wanted to get Gary out of jail. Seems hard to persuade Honorable John Gallagher to sense the urgency or critical nature of this law against sleep, as applied locally.

But Gary remains in jail. He's jailed -- for weeks going on a month I guess? -- for actually daring to sleep again outside (by himself now), this since the trial finding him guilty due to sleeping at the same protest where I got my Lodging ticket. Johnson's "guilty" sentence, from which he is on probation, is currently moving through the legal appeals process. Despite what's obvious to everyone else, the courts still have a blind spot regarding the fact that there are way fewer "shelter beds" than there are homeless people; locally, almost to the tune of twenty to one.

Not that I am a proponent of shelving and sheltering everyone in a bunk house. There is NO "one size fits all" solution to our Nation's shameful policy allowing ever compound growth of displaced Americans. It's just really a tangible place to get a handle on the bigoted and shifty politics of homelessness. And the legal system is oh so good at making things more 'black and white' than they are in "reality." Or we might say, "more fixed than transient"?

We can demonstrate that public emergency or walk-in sheltering resources are too few for their job of protecting special needs, disabled, and families-with-children subgroupings of homeless people. Nursing homes are even turning away the frail elderly in our area; people here are dying while waiting for half a room in a nursing or care home. Nobody who's in the shelter business is even pretending to fully serve the able-bodied, white, freshly homeless 'under age 55/over age 24' male.

Yet legal maneuvers and misspent questions in the earlier Lodging trial, where Gary was found guilty, have so far blocked the courts from having any overview that could illustrate the seriousness of this emergency.

Or to put this another way, homeless people and their allies have not yet figured out how best to "prove" to the legal system that there's no legit place Gary Johnson -- and most other local people who find themselves homeless on a given night -- can legally lie down, let alone sleep.

Gary was one of five PeaceCamp2010 demonstrators -- most of them homeless at that time -- who was found guilty in a single trial that ended about a year after the First Amendment PeaceCamp2010 protest was busted up when these Lodging citations were given.

My trial for getting charged with a Lodging 647(e) ticket has been postponed and postponed again by the courts, and more recently (since October 28th) twice more delayed by the D.A. replying to Gettleman's Writ of Habeas Corpus regarding the County Sheriff's application of this Lodging law to roust us.

My attorney did a great job in my view, of bringing the focus of this Writ more clearly back into the light of our First Amendment-protected reasons for assembling there outside the courthouse for over a month.

As earlier noted in this blog, PeaceCamp2010 was protesting the fact that in Santa Cruz County, there is no safe place for the growing population to maintain themselves, individually nor severally, that is safe. Yes, one can get in a shelter, typically for a month. Maybe only three days, maybe for 18 months for a smaller handful of folks; for those who have a sufficient support system. But after the three dry nites, or the wonderful system for a few dozen people who can afford our transitional support scene, the homeless person generally finds herself back outside and treated like scum, like a criminal, regardless their actual behaviors.

The portrayal in court suggests either one is a "good" homeless person who's tucked in at a governmentally regulated shelter at night, or else one is a "bad" homeless person who's wandering around in the dark, looking for opportunities to run amok or to commit crimes. After all, if one is NOT up, at night when outside, one is a criminal by definition. And the Lodging law used here in Santa Cruz County was passed to give a sponge to the state's police: a "tool" to apprehend the meandering person before she stumbles onto a crime of opportunity. I got this stuff from legal researching Lodging.

It already seems to me self-evident that our laws have put the homeless survivor into an ongoing double-bind. And these criminalizing laws appear to make it obvious! Yet somehow the court testimony twists around enough to reinforce mainstream lies, suggesting that if somebody "tries hard enough" to quote District Attorney Sarah Dabkowski in Gary's trial, one CAN get a bed/mat/unit in safe shelter on a given night in City of Santa Cruz.

But back to this Writ about misusing section e of California's Lodging law:

Explicating some of the legal issues previously obscured in court beneath palpable anti-homeless prejudice, this Traverse says that circumventing the First Amendment requires a higher standard of care by law officers than they've testified to having applied during the breakup of PeaceCamp2010.

In this situation, a legitimate approach should have required that established criteria for parkside "time, place and manner" be followed and upheld by Sheriff Deputies; and that the "dampening" of tickets and arrests and orders to banish (vanish?) ourselves totally thwarted our demonstration.

Without some such standards, the government is not permitting our right to free speech in the context of bringing our grievances to our government and talking to our neighbors about an unjust law.

CALIFORNIA'S ANTI LODGING LAW 647(e)
For those interested in following the legal developments, this traverse is worth reading, see below for attachment.

The trial and this aspect of it, following the Writ's challenge to completion, is now assigned to a different court, with Honorable Judge Paul Marigonda.

As my lawyer notes below, Judge Marigonda may simply decide to rule on this Writ now, based on what has been written to the court from both "sides", or he may call for a hearing if he has questions unanswered within the filings. Gettleman told me that there's a good chance the judge's decision could lead to dismissing the need for a trial.

}{ Linda's Editorial comment:
I believe that if Honorable Judge Paul Marigonda is willing to make a clean decision based on the record regarding Lodging 647(e), it will be the cause of joy and relief for many un-named Sleep Criminals all over California. If he tries to play King Solomon with our homeless people's lives at stake, there will be many more trials coming through our courts, perhaps including the dozen or so "illegal Lodgers" from among Occupy Santa Cruz devotees, who dared to sleep or camp or spend some night on another side of the Courthouse this winter. }
{ end LL editorial comment

Thank you, everyone, for your ongoing support and encouragement. Still no specific dates for anything court related. If you know of other people interested in this legal struggle, or about criminalizing people for sleeping in general, please forward them this message or send their contact information to me?


Sleep Is Not A Crime
Free Gary Johnson

attach: email from attorney -- Final Traverse (Re your habeas writ)
From:
Jonathan Gettleman
To:Linda Lemaster
Lemaster Traverse FINAL.pdf (4730KB)

Final Answer. Now we wait to hear from the Court. We'll either have a hearing or we'll get a ruling directy from the Court without a hearing. Cross your fingers.

I have now filed this. So you can share it with whomever you wish.
Jonathan
Law Office of Jonathan Che Gettleman
Tel: (831) 427-2658 Fax: (831) 515-5228 www.advocateforjustice.net


sincerely,
Linda Ellen Lemaster

Housing NOW! in Santa Cruz

P O Box 42, Davenport, CA 95017

Sunday, February 5, 2012

Join Day of Action, April First: Help Get People Off The Streets

Paul Boden

No Fooling ~~
National Day of Action for
The Right to Exist: April 1st
posted: 01/27/2012 5:17 pm

by Paul Bowden.
Organizing Director for Western Regional Advocacy Project


"They want us out of our community!" and
"We're always told to move on, but to where? There are no places for us to be." -- Survey Respondents

2012-01-27-HouseKeysNotHandcuffs.png

Western Regional Advocacy Project (WRAP) and USA-Canada Alliance of Inhabitants (USACAI) are calling on our members and allies throughout the United States and Canada to join us on April 1 for a bi-national day of action to protest the ongoing criminalization of poor and homeless people in our communities.

We are building a movement to reclaim our communities for all members: not just those who set the rents. In order to build this movement and assert our human rights, we must make clear the myriad of ways in which our community members are treated as though they are less than human. We must "connect the dots."

Over the past 30 years, neoliberal policymakers have substituted private gain for public good; they have abandoned economic and social policies that supported housing, education, healthcare, labor, and immigration programs. WRAP and USACAI are at work identifying and tracking such policy, legal, and funding trends in order to publicize their spread and their effects. This is not a matter of theoretical analysis: this is an investigation of the policies and tools by which more and more people have been made to suffer.

Connecting the dots

Three decades ago, the deregulation of financial industries came simultaneously with the withdrawal of government support for affordable housing. Just since 1995, the United States has lost over 290,588 existing units of public housing and 360,000 Section 8 units, with another 7,107 approved for demolition/disposition since March of 2011. At the same time, some 2.5 million foreclosures have taken place since 2007, an additional 6.9 million foreclosures have been initiated, and a projected 5.7 million borrowers are at risk.

In those same 15 years, over 830,000 new jail and prison cells have been built, draconian immigration laws and eligibility screening criteria have been implemented in housing, healthcare, education and jobs programs, and America's three largest residential mental health facilities are now all county jails (Los Angeles, Chicago, and New York).

A New Wave of Criminalization

1982 marked the beginning of homelessness as a "crime wave" that would consume the efforts of US police forces over the next three decades. Crime statistics show that across the country, millions were sitting, lying down, hanging out, and -- perhaps worst of all -- sleeping. To take one city as an example, by the end of 2011, these new crimes comprised roughly one third of all prosecuted offenses in San Francisco.

We all suffer from governments that waste resources and refuse to develop real solutions to social problems, but the people whose survival is criminalized suffer the most.

Over the past year, WRAP has led a survey effort with its West Coast grassroots members and allies in Portland, Berkeley, San Francisco, Los Angeles, Seattle, Denver, Houston and Worcester, MA documenting homeless people's experiences with the criminal justice system for survival-related "crimes." USACAI has helped WRAP to take this effort broader by reaching out to their members and surveying homeless people in cities throughout the United States on these issues. Survey forms are available inEnglish and Spanish if your organization wants to help build on this initial effort. WRAP is now releasing preliminary results from discussions with over 668 people:

Download the fact sheet here!

78% of survey respondents reported being harassed, cited or arrested by police officers for sleeping outside. 75% reported the same for sitting or lying down, and 76% for loitering or simply "hanging out." These were far and away the top crimes for which homeless people were charged. A sad corresponding fact is that only 25% of respondents believed that they knew of safe, legal places to sleep. In California, the public lodging law makes sleeping outside always illegal for homeless people. The law, by its nature, makes a large class of poor people inescapably criminal.

It can feel easy to scoff at these crimes: most of the relevant laws, nationwide, are summary offenses ("infractions" in California; "violations" in some other states), which means that they can't directly result in any jail or prison time. However, 57% of respondents reported bench warrants issued for their arrest as a result of these citations: that is, if they couldn't afford to pay the fines that these tickets carried, or if they were unable to make court dates, then they became subject to arrest.

Using the Word "We"

Core to our success in this survey research was the active, engaged outreach of volunteers from nearly a dozen different organizations throughout the United States. Using an organizing method that WRAP members have developed and polished on the streets of cities on the West Coast, they were able to procure good information, and, far more importantly, begin important conversations within our communities about the real nature of criminalization and its impacts. By seeking out homeless people in the places where they really spend time and engaging our communities on their own terms, we were able to develop true, communal knowledge, founded in collective experience, and we are able to use the term "we" to talk about our communities in ways that isolated "experts" never can. We are organizing in a more honestly democratic way.

What We Need

This is not about caring for or even advocating for "those people." This is about all of us. As Aboriginal leader Lilla Watson said, "If you have come here to help me, you are wasting your time. But if you have come because your liberation is bound up with mine, then let us work together."

The rise of repression in the United States and Canada is a war against all of us. We need all of us to act in this struggle for dignity, fairness and human rights. The people who pay for and profit from the criminalization of homeless people are the same people who benefit from our nations' refusal to meet basic human needs. They are using these laws to do what invading armies do: they attack us at our most vulnerable flanks -- the communities of poor and homeless people who have been subjected to shame and blame for decades.

The sit/lie law that Seattle passed in 1993 is nearly verbatim the same sit/lie law that San Francisco passed in 2010. The sit/lie law that San Francisco passed to use against homeless people is the same sit/lie law that the San Francisco Police Department now uses to harass Occupy protesters.

If you are not homeless, if you are not the target now, then understand that you are next. Isolated and fragmented, we lose this fight. But we are no longer isolated.

We can only win this struggle if we use our collective strengths, organizing, outreach, research, public education, artwork, and direct actions. We are continuing to expand our network of organizations and cities and we will ultimately bring down the whole oppressive system of policing poverty and treating poor people as "broken windows" to be discarded and replaced.


2012-01-27-March.png


We are calling for a national day of action on April 1st to raise awareness on this issue. We will be sending out information on ways to get involved in the coming weeks. Stay tuned!

Follow Paul Boden on Twitter: www.twitter.com/@withouthousing

Linda's Hearth note: A lot of very good history folded into this article. I consider it a "must read" for anyone who's interested in ending homelessness.

Tuesday, January 31, 2012

Occupy Oakland protesters split over violence

HOW CAN WE BECOME NONVIOLENT
AND STILL FUNCTION WITH DIGNITY
WITHIN A WORLD THAT LARGELY RUNS ON VIOLENCE AND CONFLICT?

Changing Our World's Systems Toward

Economic Justice And Greater Fairness

~~~~~~And Surviving

Tuesday, January 31, 2012
by Kevin Fagan and Justin Berton, San Francisco Chronicle


A masked protester joins the march through downtown Oakland before the demonstration turned violent Saturday.




For many Occupy activists outside Oakland and San Francisco, the violent clashes with police and destruction that attended protests in those cities over the past two weeks not only went against the Occupy message - they've started to undercut its essence.

Even within the cities, there is a deepening split between those who accept violence as a tactic and those who oppose it.

The conflict is turning into a wrestling match for the soul of the Occupy movement in the Bay Area. And it's become so pronounced that many who started out calling themselves Occupiers now refer to themselves as "99 percenters" instead.


"But now," Horaney said, "we've got this group that pretty much just wants to destroy things and make trouble."

"When I started to see what was happening Saturday, my heart just broke," Michele Horaney of Alameda, a member of the 99 Percent Solution activist group in the East Bay, said of the Occupy Oakland protest that devolved into an hours-long street battle with police. "There is so much good to be gotten, earned and kept from really solid, sincere efforts to make things change for the better.

Not Their Fault


For others, though, it's not a matter of protesters committing violence. Any destruction is in reaction to police repression of their efforts to seek economic equality, they say - and if violence happens, it's not really the protesters' fault.

"In any struggle for social justice, the people have been told to shut up and sit down," said Cat Brooks, an active Oakland Occupier. "I believe in a diversity of tactics. If you are fully aware of the risks, then you have to do what you have to do.


"I'm not condoning violence, and I'm not condemning it," she said. "I'm just saying that 99 percent of the time when violence happens, it's police who start it. And you have to do what you have to do."

Occupy roots

Occupy began last fall on Wall Street as a crusade against economic inequity, shrinkage of the middle class and what its backers perceived as corporate greed. As tent cities sprouted throughout the country, the leaderless movement gathered adherents from many stripes of protest, and today one of the more vigorous contingents advocates taking over empty buildings and resisting police.

This is particularly true in Oakland, where protesters protecting themselves with shields tried to take over the vacant Henry J. Kaiser Convention Center on Saturday. The confrontation turned into another melee with police firing tear gas, protesters flinging objects and people getting hurt on both sides. Activists eventually broke into City Hall, burned a U.S. flag and trashed parts of the building.

The week before, on Jan. 20, Occupiers broke into the abandoned Cathedral Hill Hotel in San Francisco after a peaceful day of marches in the Financial District, and were ejected after they threw bricks and other items at police.

Occupy San Francisco's General Assembly has voted to oppose violence as a tactic, but in Oakland - where there have been weekly "F- the police" marches - such proposals have fallen short of the consensus vote needed to pass. At protests in both cities, those who commit vandalism and throw rocks and other objects at officers are often opposed by other protesters who try to calm them down.


Other goals

Outside the two cities, there is little such debate among the 30-plus Occupy organizations from Santa Cruz to Concord and up to Santa Rosa.

There, the tactics have generally settled into marches and rallies to drive home a few central themes that include banking reform, making the rich and corporations pay more taxes and granting foreclosure relief.

Ellis Goldberg, a marketer who has staged Occupy-inspired rallies against banks in Dublin and San Ramon, has become so frustrated he now calls himself a "99 percenter" instead of an Occupier.



What we are protesting about has been totally obliterated by what is coming out of the television set," he said. "It's not just burning the American flag that is terrible - it's terrible that it's all getting totally off message. Trashing buildings and fighting with police is not what 99 percent of what the 99 percenters are about."

"We had 50 people in front of banks in San Ramon two weeks ago, and we have been telling people for months about $156 billion bonuses Wall Street executives got last year on the backs of the rest of us, but do we get press?" Goldberg said. "No. Instead, we turn on our TV and there are pictures of people breaking into City Hall.

Oakland debate

At Frank Ogawa Plaza on Sunday evening, members discussed the impact of the repeated clashes with police and considered the movement's future.

Barucha Peller, one of Occupy Oakland's key organizers, said the group was the victim of police brutality and had no intention of reaching an accommodation with law enforcement, ever.

"I think it's impossible," she said. "If someone shot you in the head, beat you and your family, would you negotiate with that person? That's terrorism."

Standing nearby, Mike Rufo, 50, disagreed. "It'd be reconciliation," he told Peller.

Rufo, an energy-efficiency consultant who has helped organize the delivery of portable toilets to the plaza, said the cycle of conflict had not resulted in progress for either side.

"If you're not willing to sit down and try and work through it, I don't see where we can go," he said.

Off message

Rufo said the Occupy Oakland movement, which he has supported since October, had strayed from its core principles - fighting economic inequality - and was distracted by continual run-ins with police. He hoped the group would shift course and authorize members to meet with city representatives.

"Beating up on each other with the city of Oakland, I don't see where that's going," Rufo said. "They don't have deep pockets either."

Brooks said the goal is more complex than that.

"It helps those who oppose us to portray this movement as a bunch of violent, crazy people, and that's just not the truth," she said. "Occupy didn't invent what's happening now - this has always happened in social justice movements. What we really need to do now is engage more of the masses."



E-mail the writers at kfagan@sfchronicle.com and jberton@sfchronicle.com.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/30/MN7E1N0JU1.DTL&ao=2#ixzz1l2DLT3z2

This article appeared on page A - 1 of the San Francisco Chronicle