Soquel attorney to serve jail time for illegal lodging
Judge Robert Moody, a retired Monterey County judge, made the ruling while filling in for Judge John Gallagher.
In May, Frey and four others were convicted by a jury on misdemeanor charges of illegal lodging. The group was among several dozens involved in the "Peace Camp" protest on the courthouse steps that began July 4, 2010. Protestors later moved to Santa Cruz City Hall, where they stayed until October.
Many participants were warned, cited and arrested, and judges allowed plea bargains or resolved their cases in other ways, prosecutors said.
But Frey has been seeking to challenge the law on constitutional grounds, saying people have the right to sleep outside and that denying homeless people that right amounts to criminalizing poverty. He has also argued that "lodging" is too vague a description of the illegal behavior.
Tuesday, he vowed to continue the challenge by appealing to the California Supreme Court. He said he is trying to obtain Friend of the Court briefs from groups such as the American Civil Liberties Union.
He said he could complete his jail sentence in three months and hopes to qualify for work furlough.
Follow Sentinel reporter Cathy Kelly on Twitter @cathykelly9