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Homeless People Go on Trial for Surviving April 4th, 2017

March 30, 2017 by Jonathan Leave a Comment

When: April 4th (and likely 5th and 6th), 8am-5pm(ish) 2017

Where: Lindsay Flanigan Courthouse (520 w Colfax Ave Denver CO 80204)

On April 4th, 2017 at 8am the Lindsay Flanigan Courthouse Jerry Burton, Terese Howard and Randy Russell will be the first people in Denver to ever take an unauthorized camping ban ticket (more accurately named “survival ban”) to trial. These three co-defendants, victims to this cruel, arbitrary, and unconstitutional law, are just three of the hundreds of homeless people who are victim to this law every day as police drive around telling homeless people covered with blankets to “move along.” Between the three co-defendants, they have five “survival ban” tickets, all from November 28th. These tickets were given to them for using blankets or tents to survive as they all had done hundreds of times before and continued to do afterward as anyone must to survive outside without a home. The law makes it illegal for a person to “use any form of protection from the elements other than one’s clothing” anywhere in the city of Denver.

The Denver government is spending massive resources to prosecute Burton, Howard, and Russell, including calling 33 Police Officers as witnesses in the trial. According to the law, the co-defendants are facing up to $999 and a year in jail for the crime of using blankets to try to stay warm on a cold winter night. Buron and Russell both had their blankets, sleeping bags and tents taken “as evidence” of the crime of camping – leaving them with no gear to survive the freezing winter night and driving Burton to the hospital. Shortly after this, Mayor Hancock publicly directed the Police Department to cease confiscating survival gear for the safety of homeless people sleeping on winter nights. Yet the government is still prosecuting these individuals.

Attorney for the case, Jason Flores-Williams, describes this prosecution saying, “When you think that not one senior executive from Wall Street was prosecuted for the financial crisis, but here we are prosecuting three poor people for just trying to survive – tells you all you need to know about justice in America.”

The government has tried to make these co-defendants’ cases out to be rare and a response to a protest. These are lies. While the government has avoided giving “survival ban” tickets (likely to avoid trials like this which put the unconstitutionality of the law at question and take massive taxpayer resources), 24 people have been ticketed for the ban and thousands have been forced to move along and had belongings taken. Burton and Russell were first ticketed on November 28th 2016 at 27th and Arapahoe where they had been surviving for months. After hundreds of homeless people, including Burton and Russell, had been forced to move from the areas they had found to gather for safety and protection, they, along with about 20 other homeless people who had been displaced that day, moved to city hall where they hoped to be allowed to sleep. This was not a protest – this was survival.

Burton, Howard, and Russell have pleaded not guilty and will be bringing their cases together as a joint trial, represented by attorney Jason Flores-Williams. As the government, under the direction of Mayor Hancock, uses our tax dollars to prosecute these cases of public survival while homeless, we will continue to stand up in the courts, city council, state capitol, and on the streets to bring this injustice to an end.

Come witness this monumental trial starting April 4th at 8am – 5pm and likely continuing on April 5th and 6th.

 

Contact: Denver Homeless Out Loud
info@denverhomelessoutloud.org
720-940-5291

Filed Under: Uncategorized

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Part 12... Infractions and Due Process Rights Ant Part 12...
Infractions and Due Process Rights 
Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law. The process by which homeless people face repeated incarceration generally follows this scenario: A homeless man is sleeping on the sidewalk. A local ordinance makes it illegal to do so. The man gets a ticket and is later arrested for not paying the ticket. He spends a couple of days in jail, and is just as homeless now as he was before, only now he has a criminal record. This was the case for many of the individuals interviewed by RWHP. One man relayed the familiar scenario, “I was sleeping in a tent in a hidden spot near the freeway. They gave me a ticket for trespassing. I don’t have money to pay it. I’ve never been in jail before. I keep to myself, but now they’re going to make me a convict just for sleeping.”
SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMH SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMHOMES ENCAMPMENT https://www.instagram.com/tv/ChAT9N5jNTY/?utm_source=ig_web_copy_link

This morning @phillysheriff ‘s came and evicted our protest encampment to Save the UC Townhomes. When asked why they were doing it, Rochelle Bilal responded that she “felt compassion for the townhomes residents but was just doing my job”

Even if the tents are gone WE AINT GOIN NOWHERE‼️
Saturday AUGUST 27 — 9 am to 4pm Sunday AUGUST 2 Saturday AUGUST 27 — 9 am to 4pm
Sunday AUGUST 28 — 12:30pm to 4pm

Westminster Presbyterian Church
1300 N Street, Sacramento

https://wraphome.org/2022/08/02/sacramento-ca-advocates-community-summit-on-homelessness-august-27-28th/
California. (S)Care Court Hearing Tomorrow 8/3 Las California. (S)Care Court Hearing Tomorrow 8/3 Last Hearing before floor Vote
https://conta.cc/3vzRoWo
Part 11 ... California’s “anti-Okie” laws of Part 11 ...
California’s “anti-Okie” laws of the 1930s and the South’s Jim Crow laws in effect from the late 1800s to the 1950s are examples of the kinds of local laws overturned in previous generations. Yet, modern “quality of life” legislation and enforcement targeting homeless people can be found in communities across the nation.
The City Council postponed their vote on the 41.18 The City Council postponed their vote on the 41.18 expansion to August 2nd. If passed, this motion will add approximately 1,900 additional sites–a 376% increase in exclusionary zones across the city. 41.18 would then cover at least 88 sq miles (that’s 20% of the entire city).

Services Not Sweeps is urging EVERYONE to come to City Hall at 9:00am on August 2 and tell City Council that 41.18 is BAD POLICY and should be repealed.

When we fight, we win. 
But this fight isn’t over.

The community flooded City Hall inside and out on Wednesday to protest the expansion of 41.18 but the fight is not over. It’s clear that President Nury Martinez and friends weren’t prepared for our numbers and realized they were unable to rally their (few but loud) 41.18 supporters. Council delayed the vote to Tuesday August 2nd in an attempt to erode our momentum and stifle our voices. 
 
We won’t let that happen. The fight now is to keep the pressure on and show up next week!! See you next Tuesday 9am. Bring a friend.
 
WHO: You and your friends!
WHERE: City Hall, 200 N Spring St 
WHEN: Tuesday August 2nd at 9:00am
HOW: Read more details on our toolkit.
AGENDA ITEM 14 https://lacity.primegov.com/Portal/Meeting?meetingTemplateId=102513
Part 10... In fact, however, enforcement is very m Part 10...
In fact, however, enforcement is very much impacted by both skin color and appearance. Local governments cannot legally discriminate against people strictly because they do not have housing. Federal protections prohibit local and state governments from removing people from their communities due to the color of their skin or economic/employment status.
Part 9... This nationwide pattern has escaped Civi Part 9... This nationwide pattern has escaped Civil Rights protections because on their face, these programs are not clearly discriminatory. Local laws are often drafted in such a way as to appear to apply equally to all people in a community.
Part 8... While certain communities highlight diff Part 8...
While certain communities highlight different controls at different times, often depending upon the outcome of local elections and legislative and court efforts, all have one primary common goal: to remove the presence and resulting impact of people without housing from local communities. As the Mayor of Las Vegas stated when she outlawed feeding people in city parks: “If we stop feeding them, they will leave.”
Part 7... This type of ticket is not uncommon. The Part 7...
This type of ticket is not uncommon. The most common public space and activity restrictions are those aimed at camping, sitting, lying, or trespassing on either public or private land, panhandling, sleeping, blocking the sidewalk and possessing “stolen property,” such as shopping carts and milk crates—to name just a few. Furthermore, these restrictions are often implemented in conjunction with the closure of public parks and the outlawing of free food and clothing distribution.
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Join us and our friends Anti Police-Terror Project to say NO to C.A.R.E Court next Thursday, August 18th for a teach-in followed by feeding the people, and a march!

RSVP here: fb.me/e/1CFrMznNP

#CARECourt takes money away from housing the unhoused and mental health resources. It gives money to the court bureaucracy. Let’s spend more on housing and less on the carceral state.
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2 days ago
Join us and our friends Anti Police-Terror Project to say NO to C.A.R.E Court next Thursday, August 18th for a teach-in followed by feeding the people, and a march!
RSVP here: https://fb.me/e/1CFrMznNP
#CARECourt takes money away from housing the unhoused and mental health resources. It gives money to the court bureaucracy. Let’s spend more on housing and less on the carceral state.
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11 Aug 1557824221996130304

Join us and our friends @APTPaction to say NO to C.A.R.E Court next Thursday, August 18th for a teach-in followed by feeding the people, and a march!

RSVP on Facebook here: https://fb.me/e/1CFrMznNP

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San Francisco, CA. Say NO to CARE Court!- Teach In & Action next Thursday at 11am! - WRAP https://wraphome.org/2022/08/12/san-francisco-ca-say-no-to-care-court-teach-in-action-next-thursday-at-11am/

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8 Aug 1556771690356453376

Part 12...
Infractions and Due Process Rights
Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law.

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8 Aug 1556762429144514561

SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMHOMES ENCAMPMENT
“felt compassion for the townhomes residents but was just doing my job”
Even if the tents are gone WE AINT GOIN NOWHERE‼️

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8 Aug 1556733329566707713

Press Release: Beyond the Virginia Key Bantustan, reject any tiny homes plan that excludes homeless input - WRAP

Press Release: Beyond the Virginia Key Bantustan, reject any tiny homes plan that excludes homeless input - WRAP

October 22nd Alliance to End Homelessness Press Release August 8, 2022 Beyond the Virginia Key Bantustan, reject any...

wraphome.org

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