Posts Tagged ‘necessity defense’
Eureka Cops Plan Raids of Houseless People’s Sleeping Spots; Raids Will VIOLATE Human & Constitutional Rights
Posted in Arcata, CA, California, civil liberties, class war, criminalizing, discrimination, Eureka, CA, homeless, houseless, human rights, illegality of sleeping ban, landless, necessity defense, northern california, organize, People Project, police brutality, poor people, rights, safe haven, self determination, updates, veterans, tagged camping, civil rights violation, constituitonal rights, eigth amendment, Eureka California, Eureka Police Department, fourth amendment, homeless, houseless, human rights, Humboldt County, John Cassali, John Shelter, necessity defense, police abuse, raid, sleeping, sleeping ban, theft, UN Universal Declaration of Human Rights, unconstitutional, unreasonable search and seizure on July 18, 2010| 1 Comment »
The word is that raids will begin on Monday, July 19th. Cops hunt down outside-sleeping people every night, but these raids will be broad-sweeping and perhaps more orchestrated.
These raids will violate the rights of the houseless people. There are no legal, free-of-charge places to sleep in Eureka (or Arcata), so there are no options for almost all people who have no shelter except to sleep where they can find a hidden piece of ground. Then ya gotta be able to protect yourself from the rain, wind, cold, dew.
This is not a new situation. But all too often, people who are housed dismiss the reality of the situation by simply saying, “Well, there are homeless shelters for them to go to.” That is completely INACCURATE.
All of us need to sleep. That is a NECESSITY. And even the crooked, ruled by the rich courts of the U.S. say that because none of us can go without sleep, it is more of a “significant evil” to deprive a person of sleep (as do the laws against sleeping on public property and the cops who wake people up) than to break a law that prohibits you from sleeping. When someone is punished for something- like sleep- which they cannot go without, it is (here’s the court again) “cruel and unusual punishment.” I would also call it discrimination. And the United Nations Universal Declaration of Human Rights says, among other things completely defied by policies throughout the U.S. :
Everyone has the right to a standard of living adequate for the health and
well-being of oneself and of one’s family, including food, clothing,
housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in circumstances beyond one’s control.
Universal Declaration of Human Rights
Article 25, Section (1)
So, if you’re a person who still needs to see something in the “law books” to really believe it’s legitimate, there is plenty to support that people have a right to sleep, even when they don’t pay rent somewhere. And if there are no available options besides a small piece of Earth (or a doorway, or a dumpster or a person’s own vehicle), people are to be left alone.
These raids of sleeping people violate a bunch of human and Constitutional rights, including the right to privacy, to be free from unreasonable search and seizure, etc. When cops (or John Shelter in Eureka or John Cassali in SoHum) steal and/or destroy peoples’ property, it doesn’t matter what they want to call it- “cleaning up”, “helping out”, “warning” -it is illegal. It is stealing. It’s cruel. It ain’t right.
Another thing that happens during these raids (and any random night): When the cops approach someone sleeping (how scary, huh?), they not only wake the person up (say 3:30am, flashlight in the eyes, hand on the gunbelt), but they often physically hurt the person. Cops slash tents, kick people in the ribs, threaten people with guns, pull folks out of their vehicles, grab people’s arms so hard they bruise, bang on windows, tow away someone’s only private space… It IS really that bad.
Every Saturday there are PEOPLE PROJECT meetings at PARC [Peoples’ Action for Rights and Community] at 1:30pm. These are spaces where we can figure out how we will fight this painful and ongoing injustice.
Please contact PEOPLE PROJECT if you want to do something about this upcoming raid situation. (707) 442-7465