"The case of Ed Frey is reminiscent of an
earlier Santa Cruz case where Sandy Loranger did time in jail for
feeding the homeless soup. When the judge offered her counseling instead
of jail Sandy Loranger replied, "If feeding my fellow man is a crime, I
am beyond rehabilitation."
Photo Credit, by Bradley Stuart from Indybay.
Human rights activist, Ed Frey, speaking, has been ordered to six months
in jail starting August eighth.]
Human Rights Activist Ordered to Six Months of Jail, More Repression Scheduled
By Steven Argue
On August 24th Judge Moody ordered human rights activist and attorney,
Ed Frey, to begin a six month sentence, ordering him to check in for
jail at 9:00 AM on August 8th, 2012.
Ed Frey was arrested in
2010 for protesting on the Santa Cruz County Courthouse steps. He was
opposing Santa Cruz laws that make it illegal for the homeless to sleep
at night. Ed Frey’s only act of civil disobedience was sleeping outside
in solidarity with the homeless. In Santa Cruz, the human rights of the
poor to even survive are routinely violated on the most basic levels.
Sleep at night and covering-up with blankets are both illegal in Santa
Cruz for people outside or in a vehicle. Ed Frey was arrested
protesting these laws at a three month protest that was called “Peace
Camp 2010”. That protest initially started in response to a 63 year-old
homeless minister, Robert Facer, being ticketed for sleeping on the
beach on a night when all of the homeless shelters were full. Peace
Camp 2010 initially attracted many homeless people and other activists,
but it was eventually shut down through police repression.
Other activists still facing abuse stemming from that 2010 protest
include Gary Johnson and Linda Lemaster. Gary Johnson, like Ed Frey,
has also already been sentenced to six months in jail. On August 24th
Gary Johnson will be subjected to a hearing similar to Ed Frey’s most
recent one. At that time, Gary could also be ordered to begin his six
month sentence. Activist Linda Lemaster is scheduled for jury trial on
October 14th for sleeping at Peace Camp 2010 as well.
In
addition to prosecuting protesters for sleep “crimes”, the Santa Cruz
courts are currently persecuting nine protesters who were part of a
three day occupation of an abandoned Wells Fargo Bank in 2011. The
abandoned building was seen as having potential use as a community
center and shelter for people without housing. Each activist is facing
two felony charges and two misdemeanor charges and could be sentenced to
up to seven years in prison if found guilty. These activists have
become known as the Santa Cruz 11 due to the original number of
defendants. Nine are still being prosecuted.
The Santa Cruz
11 are being prosecuted for a peaceful occupation that included a
policy, posted to the wall, of carrying out no vandalism. Yet,
protesters have been charged with “felony vandalism”, “conspiracy to
vandalize and trespass” (another felony), and two types of trespassing
misdemeanors. These charges are not backed by actual evidence. None of
the Santa Cruz 11 were arrested on the scene and six of the 11 who were
charged are high profile journalists who have been critical of the
Santa Cruz Police Department and/or Santa Cruz City Council. Not
targeted for police repression were individuals present who are more
friendly to the status quo, like former Santa Cruz Mayor Katherine
Beiers.
On August 20th, seven of the Santa Cruz 11, Cameron
Laurendau, Robert Norse, Becky Johnson, Gabriella Ripplyphipps, Brent
Adams, and Franklin Alcantara will be appearing in the court of Judge
Burdick for their so-called “crimes”. As opposed to this kind of
repression being carried out by the local liberal capitalist government
of Santa Cruz, the Revolutionary Tendency of the Socialist Party demands
the charges against the Santa Cruz 11 be dropped. Instead of seeing
the occupation of a bank as a crime, we call for the nationalization of
all banks without compensation. And we call for the proletarian seizure
of all unused buildings under the control of the banks to provide
shelter and housing for those who need it. Meanwhile, the local
Democrat Party, which controls the Santa Cruz City Council, sends out
their cops to carry out repression against people in the community
demanding justice.
Likewise, the liberal government of Santa
Cruz sends out its cops to harass the homeless. Numerous laws on the
books are there specifically to target the homeless. This includes MC
6.36.010, a law that makes the acts of sleeping or covering up with a
blanket punishable by $100 to $200 fines. For the homeless this is
often unpayable. Democrat Mayor Don Lane recently passed another law
that makes ignoring three sleeping tickets a misdemeanor punishable by
six months in jail and a $1,000 fine. And a third Santa Cruz City law
now also makes any third infraction (of any kind) an automatic
misdemeanor as well.
During Peace Camp 2010, however, the
Sheriff’s department and Santa Cruz DA chose to arrest and prosecute
Peace Camp 2010 activists under a much harsher California state law.
The law they used was the so-called “Unlawful-Lodging Law” 647e. At the
time of their arrest, those found guilty of violations 647e could be
punished by up to six months in jail. Since that time, however, the
Democrat controlled State legislature doubled the penalty. The reality
in courts has now been laid bare, that under this law the act of
sleeping, either by people who are homeless or people protesting in
solidarity with the homeless, is punishable by up to a year in jail.
Since the arrests at Peace Camp 2010 this same so-called
“Unlawful-Lodging Law” 647e was also used to attack Occupy Santa Cruz
and a number of Occupy activists did face 647e charges.
Gary
Johnson and Ed Frey were convicted of sleeping in 2011 and sentenced to
six months in jail. Their convictions were secured in the court room of
the notoriously pro-police and anti-homeless Judge Gallagher, nicknamed
“Grim Gavel” Gallagher. Revealing the political nature of the draconian
sentences, Judge Gallagher told homeless activist Gary Johnson he
“could get some sleep in jail”.
In June, 2011, with the courts
facing a public outcry after two weeks in jail, Ed Frey was released on
bail pending appeal with his bail of $50,000 dollars (for sleeping)
reduced to $110. Supporters quickly passed the hat and Ed Frey was
released from jail on bail. Gary Johnson was similarly released the next
week. Those six month sentences, however, have continued to hang over
the heads of Ed Frey and Gary Johnson and now the oppressive capitalist
state is demanding Ed Frey do the time, starting August 8th.
Another protester charged at that time, Eliot Anderson, was freed by a
hung jury that failed to convict him. A juror said of the case,
“Anderson should not have to gas his dog to try to get into a shelter to
legally sleep.”
In the trial of Gary Johnson and Ed Frey many
potential jurors were upset by the fact that they were to sit through a
two week trial for the “crime” of sleep. One example was an elementary
school teacher who said, "When I first came to Santa Cruz, I lived in my
van for three years. During that time, I was hassled, arrested, and
jailed. There is no way I could be impartial in this case considering
the pain these people are suffering." A number of potential jurors said
similar things, but of course they never made it onto the jury. People
who are aware of what is going on generally don’t make it onto juries in
the United States. Such dumbed-down juries do as they’re told, as this
one did, in a typical manner when they were told they weren’t allowed to
have their own opinions. In the oft repeated mantra of blind stupidity
and injustice in America’s capitalist courts, Judge Gallagher told the
jury, "Even if you disagree with the law, you must follow the law."
Four protesters were convicted under 647e for sleeping at the protest.
Two did not show up for the absurdity of sentencing and warrants were
issued. Ed Frey and Gary Johnson were offered 400 hours of Community
Service and 3 years probation for sleeping. In response, Gary Johnson
who is homeless, asked, "How can I take probation to obey all laws, when
you've defined "sleeping" as lodging to the jury, making it a
misdemeanor crime? How can I not sleep for six months during probation?"
Judge Gallagher told him “he could get some sleep in jail.” On basic
principle and inability to comply, both Gary Johnson and Attorney Ed
Frey turned down probation and were then sentenced to six months in
jail.
This was reminiscent of an earlier Santa Cruz case where
Sandy Loranger did time in jail for feeding the homeless soup. When the
judge offered her counseling instead of jail Sandy Loranger replied,
"If feeding my fellow man is a crime, I am beyond rehabilitation."
Peace Camp 2010 was simply an act of free speech. It was a peaceful
protest with the only act of civil disobedience being the illegal act of
sleeping outside. Protest facilities included a port-o-potty provided
by Attorney Ed Frey. This helped provide the homeless with a safe place
to sleep for months, despite the city government’s failure to provide
such needed relief for its citizens.
In addition to Gary
Johnson’s six month sentence, Gary Johnson has now also been convicted
of additional counts of sleeping since that protest. This is for
sleeping last winter outside of the Santa Cruz courthouse with a sign
that read “Sleep is Not a Crime”. On those additional counts of
sleeping, Judge Gallagher sentenced Gary Johnson to 2 years in prison on
a suspended sentence, which means the sentence could be carried out if
Gary Johnson is later harassed by police and found guilty of additional
“crimes”.
The “Unlawful-Lodging Law” 647e for which Gary
Johnson and Ed Frey were arrested, prosecuted, convicted, and sentenced
was also recently used in Santa Barbara. This was in August 2010 when
the Santa Barbara Police ticketed Courtney Caswell-Peyton, a Santa
Barbara disabled woman who fell asleep in her wheel chair. She showed-up
for court worried about the possibility of getting her first conviction
for any crime. Facing strong protest in that case, the Santa Barbara DA
dismissed the charge in the “interests of justice”. While happy about
not being convicted, she left court saying she was still homeless and
questioning why she had no place to sleep.
Unlike the Santa
Barbara dismissal, Gary Johnson and Ed Frey were convicted in the
notoriously bad Santa Cruz courts. Judge Gallagher is making an example
of them for standing-up against the anti-homeless laws of Santa Cruz and
California.
“Unlawful-Lodging Law” 647e states, “Who lodges
in any building, structure, vehicle, or place, whether public or
private, without the permission of the owner or person entitled to the
possession or in control of it” “are guilty of disorderly conduct, a
misdemeanor". According to the Santa Cruz courts, Santa Barbra Police,
and the Santa Cruz Sheriff’s department, “lodging” means the same thing
as “sleeping”. In May 2011, this same anti-homeless law 647e was made
even worse with the State Legislature making a second violation
punishable by up to a year in jail and a $2,000 fine. So now
homelessness in the state of California is punishable by up to a year in
jail if one is caught sleeping twice.
Voting for this
worsened anti-homeless law were Democrats and Republicans alike,
including local Santa Cruz Democrat and darling of many reformist
liberals, Bill Monning. He voted for that increased penalty at the same
time that people who actually stand-up for human rights were fighting
against it with their personal freedom on the line. Not a single
Democrat or Republican voted against.
As the California state
government, dominated by Democrats, passes anti-working class austerity
and extremely harsh anti-homeless legislation, the Democrat holding
power in Washington DC, Barrack Obama, wages wars in an increasing
number of the world’s countries. These are wars for the profit of arms
manufacturers, oil corporations, and other imperialist capitalists.
Likewise, Obama locks-up suspected whistle blower, Bradley Manning, for
exposing U.S. crimes against humanity in Afghanistan and Iraq. Bradley
Manning is accused of releasing the helicopter footage that shows U.S.
troops nonchalantly gunning down civilians including journalists, first
aid respondents, and children in cold blood. Instead of charges of
murder for those who committed it, it is Bradley Manning who goes to
prison under Obama while Obama has publicly stated his opinion that
Manning “is guilty”. Likewise, trillions of dollars that could be used
in a saner socialist society for housing, healthcare, jobs, and
education are instead squandered on war under this insane capitalist
system.
Meanwhile, the local Democrats in power in Santa Cruz
send out their cops to silence protests for human rights for the
homeless, to silence protests against the trillions of tax dollars given
to the banks, and cut the hours of care under the In Home Support
Services program by 3.6% in 2011, hours of care that are needed to keep
the disabled, elderly, and dying living and in their homes. While the
Democrats of the Santa Cruz City Council support the city’s
anti-homeless laws and police repression, they oppose measures that
would help fight homelessness like an increase in the minimum wage and
have been part of carrying out austerity that includes the lay-off of
workers and cuts in homeless services while at the same time hiring more
cops.
As the current crisis of capitalism threatens the
break-down all that is left that is civil in our society, the Democrats
charge ahead with the Republicans in making sure it is the poor and
working class who pay for the crisis of capitalism, not capitalist
profits. All reformist dreams of the Democrat Party in any way being a
source of any sort of “hope” should be abandoned in favor of recognizing
reality. Labor unions must abandon their illusions in the Democrats and
stop giving them our money and instead prepare to fight by putting
union dues into strike funds. The true power of labor will never be
found groveling at the feet of hostile Democrat politicians. Instead,
labor has the potential to win demands by shutting down the profits of
the capitalists.
As opposed to the Democrat’s program of more
war, more cops, criminalization of poverty, political repression, and
austerity; labor must move forward with our own demands. Those could
include a massive jobs program to house the homeless and slow climate
change, the seizure of housing foreclosed by the banks to be used by
those who need it, and an end to capitalist medicine in the United
States, a major cause of debt, homelessness, and death. Without an
independent fight-back of the working class, using the power of the
strike for political demands, the situation will just continue to grow
bleaker.
A revolutionary workers’ party should be built to
advocate and lead on just such a class struggle program. To remain a
tool of the working class in the long run such a party also needs to
have an anti-capitalist program for the building of socialism. Political
parties without a clear and rapid revolutionary anti-capitalist
program, once in power, just become mere rulers over the inherent
injustices of the capitalist system. Instead of capitalism, an
egalitarian socialist economy in the United States with production based
on human need rather than capitalist profit could easily provide
everyone with a job, housing, health care, and free education. Such a
society needs to be built on principles of workers’ democracy rather
than Stalinist dictatorship or American style dictatorship of the
wealthy.
The alternative to socialist revolution becomes
increasingly clear as capitalist society becomes less and less able to
take care of its people; climate change caused by capitalist greed
becomes an increasing threat to the future of human civilization; the
capitalist state becomes increasingly repressive; and the leading
capitalist countries plunge the world into war after war of imperialist
domination and conquest. As the great German revolutionary Rosa
Luxemburg said in 1918, our alternatives are socialism or barbarism.
Stop the Repression! Overturn the Convictions of Ed Frey and Gary Johnson! Drop the Charges Against Linda Lemaster!
Drop the Charges Against the Santa Cruz Eleven!
End Laws making it Illegal for the Homeless to Sleep at Night!
Nationalize the Banks! Seize Housing From the Banks for those Who Need Housing!
Expropriate the 1%! For a Socialist Planned Economy to Provide
Housing, Jobs, Healthcare, and Education For All! No Rent Charged
Above 10% of Income!
Smash the Capitalist State in a
Proletarian Revolution! Disband all U.S. Police Forces, Prisons, and
Courts (all of which are anti-poor, anti-working class, and racist).
Build a Proletarian Democracy!
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