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Camping Ban Verdict: Jury Reluctantly Finds Homeless People of Being Too Poor to Survive in Denver

April 5, 2017 by Jonathan Leave a Comment

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In an unprecedented case for Denver, 3 defendants were convicted by a jury of 6 Denver residents for the crime of surviving in public space. Defendants Jerry Burton, Terese Howard and Randy Russell were charged under Denver’s Unauthorized Camping Ordinance (38-86.2). It was not an easy decision for the jury, that much is clear. City attorneys instructed them to leave their “social outlook” and “opinion of Denver’s Unauthorized Camping Ordinance” out of their decision-making process. Still, the six took over 3 hours to deliberate and at one point even called the defendants in to ask them, “If we convicted you, could we help you pay your fine?”

This is the first time that anyone charged with Denver’s Camping Ban has brought the case to a jury trial. Most defendants ticketed under this ordinance, lacking in resources as they are, have taken the city’s offer of a plea deal in order to avoid harsher punishments. After the three defendants in this case refused the city’s plea offer on February 16th, each defendant had additional charges of “interference with a police officer” added to their case by the City of Denver. Ultimately, both Burton and Russell were convicted of 2 counts of “Camping”, while Howard was convicted of one count of camping and one count of interference. All three were ordered to probation and mandatory community service.

During jury selection, at least half a dozen prospective jurors disqualified themselves to judge the case at hand – from the City’s point of view –because they expressed opposition to the prosecution and the law’s very existence. When questioned as to whether this was an appropriate case to judge fairly, one juror responded stating, “I don’t feel like this is the appropriate case for anyone to judge.”

Between Burton, Howard and Russell, the three defendants were facing 10 charges total, all stemming from police interactions on November 28th, 2016. That morning, Denver Police woke defendants Burton and Russell from their sleep at 27th and Arapahoe, and seized the defendant’s’ tents and sleeping gear as evidence of a crime. Later that evening, dozens of homeless people, who had likewise been evicted from their makeshift homes across the city, went with Burton and Russell to the City and County Building in Downtown Denver to find refuge. Around midnight, police came and ticketed Burton and Russell again, along with Terese Howard, who had joined them at the City and County Building. A Youtube video of the incidence, including footage of police stealing Burton and Russell’s blankets went viral in the following days. This pushed Denver’s Mayor Hancock to issue a directive to Denver Police to no longer seize blankets while enforcing the camping ban.

The defense had already been holed into a very narrow legal box before the trial even began. City attorneys asked the judge in pre-trial hearings to bar the defense from several important strategies: the defense could not mention the concept of jury nullification, or argue their innocence based on the “necessity defense”. Jury nullification is a powerful (yet not well known) tool which allows juries to refuse to convict a person based on the unjust nature of the law. The “necessity defense” would have allowed the defense to argue that homeless people had no choice but to break the law, and thus cannot be convicted of “crimes” such as sleeping and surviving in public. The city’s motions to ban the defense from these legal truths were passed by Judge Kerri Lombardi. The city’s legal strategy, of course, was to try and frame the case as to have “nothing to do with homelessness.” At that same Feb. 16th motions hearing, Judge Lombardi even stated that the defendants’ being homeless was “irrelevant” to the case.

All three defendants rejected the language of camping as a distortion of the reality facing homeless and poor people throughout our city instead referring their surviving, not recreating. Throughout Watadaa’s line of questioning, Russell refused to accept the term “camping”, and eventually Watadaa reluctantly asked him, “You know it’s against the law for you to survive in Denver?”.

And during her closing remarks, Watadaa included the following outrageous statement referring to Police Sergeant Scutter’s testimony, “The Sergeant told Mr. Russell, you can’t be anywhere!”

In imposing her sentence, the Judge chose not to impose any area restrictions, stating that they didn’t make any sense; “You live there,” she stated, admitting that the defendants would likely be back on the street tonight. “You could get ticketed,” Judge Lombardi told them, “You’re taking a risk.”

Terese Howard, the last defendant to give her sentencing remarks, reminded the court that this case was not just about the three defendants alone. “We have brought this case to the people to find justice,” she stated, “but we have found that the system is not ready for justice at this time.” She specifically called out the judge for her part in entrapping the jury into reading such a narrow definition of the law as to eliminate the possibility of justice.

“But we continue to fight!” Howard exclaimed. And fight on we will! Denver Homeless Out Loud will continue to fight through the courts, with a federal lawsuit against the City and County of Denver for its unconstitutional anti-homeless sweeps. And we will continue to fight on the state level with Legislation such as the Right to Rest Act, which would stop cities from passing or enforcing laws which criminalize our existence this bill will be heard at the State Capitol on April 19th 2017 at 1:30pm. And, of course, we will continue to fight on the streets where we daily organize as and with poor and homeless people to demand that this corrupt system immediately stop its brutal treatment of our community and respect our rights to survive.”

 

Contact:
Denver Homeless Out Loud
info@denverhomelessoutloud.org
720-940-5291
2ish

Filed Under: Civil & Human Rights, Criminalization, Homelessness, Legal Defense, News, Social Justice Artwork, Without Rights

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WRAP has the power of collective mobilization whil WRAP has the power of collective mobilization while remaining accountable to the realities of local communities. By bringing together some of the fiercest organizations fighting homelessness, for 21 years WRAP has developed a unique structure that combines documented street outreach, movement building, and national policy work, helping us bridge the local-national divisions that have hindered homeless organizing for the last four decades.
 #HousekeysNotSweeps #HousekeysNotHandcuffs #WeWillNotDisappear
Check out WRAP sweeps handout to learn the truth d Check out WRAP sweeps handout to learn the truth directly from the streets on the impact of sweeps! 

WRAP members continue to fight sweeps in their communities through utilizing documented street outreach to dispel stereotypes on what a “sweep” actually is. 

Sweeps fracture communities, displace people, & damage physical and mental health. 

When asked, what alternatives/services were people offered? 88% were not offered any services and 74% had all of their belongings thrown away at the sweep. Sweeps are not a solution to addressing homelessness but rather another phase in the cycle of homelessness! 

This handout is available for use! Go to bit.ly/wrapsweepszine to download. 
Learn more and connect with the nearest WRAP member and join the fight against sweeps! 

All members are tagged in the post and the list can be found on our link tree. List below:

 @coalitiononhomelessness
 @housekeysactionnetworkdenver
 @humanrighttohousingcollective
 @judismidnightdiner
 @lacanetwork_official
 @loveandjusticeinthestreets
 @unumissoula
 @streetspiritnews
Check out WRAP sweeps handout to learn the truth d Check out WRAP sweeps handout to learn the truth directly from the streets on the impact of sweeps! 

WRAP members continue to fight sweeps in their communities through utilizing documented street outreach to dispel stereotypes on what a “sweep” actually is. 

Sweeps fracture communities, displace people, & damage physical and mental health. 

When asked, what alternatives/services were people offered? 88% were not offered any services and 74% had all of their belongings thrown away at the sweep. Sweeps are not a solution to addressing homelessness but rather another phase in the cycle of homelessness! 

This handout is available for use! Go to bit.ly/wrapsweepszine to download. 
Learn more and connect with the nearest WRAP member and join the fight against sweeps! 

All members are tagged in the post and the list can be found on our link tree. List below:

 @coalitiononhomelessness
 @housekeysactionnetworkdenver
 @humanrighttohousingcollective
 @judismidnightdiner
 @lacanetwork_official
 @loveandjusticeinthestreets
 @unumissoula
 @streetspiritnews
Sweeps are a way to push people further into the m Sweeps are a way to push people further into the margins of society and out of the public eye. They are a sham response to a manufactured issue. Sweeps will never solve homelessness, instead they play into the vicious cycle of homelessness. 

Organizers keep fighting back! Our outreach to the community tells us the trends of criminalization, dehumanization, & a gap in actually moving towards viable solutions are on full display. 

Criminalization of poor and unhoused people will continue to expand so long as the reins on America’s neoliberal approach to fiscal and social policy remain untethered. 

We must seek the commonalities between our communities in order to thread the power of our organizing together! 

*Note: This is an abridged version of the full article which can be found on our blog at bit.ly/fightsweeps 

Continue to support the work of WRAP members. All members are tagged in the post and the list can be found on our link tree. List below: 

@coalitiononhomelessness
@housekeysactionnetworkdenver
@humanrighttohousingcollective
@judismidnightdiner
@lacanetwork_official
@loveandjusticeinthestreets
@unumissoula
@streetspiritnews

Donate to WRAP to support our work! Donation link can be found in our link tree!
For 21 years, we’ve worked alongside @lacanetwork_ For 21 years, we’ve worked alongside @lacanetwork_official and other local groups, with community outreach guiding all our campaigns. 

The #Right2Rest Bill was introduced in Colorado, Oregon, and California, and WRAP member groups in all three states built it together from the same outreach to our collective community. 

It lost nine times across those states. 

The point was never just the bill. The point was the movement behind it. #HousekeysNotSweeps #HousekeysNotHandcuffs #WeWillNotDisappear
As part of our 21st Anniversary Celebration, we ho As part of our 21st Anniversary Celebration, we hosted an IG Live conversation between Paul and General Dogon with @lacanetwork_official about why WRAP was created: the idea of building a broader network of community organizations down for the serious fight for dignity and respect for our communities. 

We know that our job as organizers is to connect accountable organizations and build power collectively, because that makes us all stronger, it makes us all smarter, and it gives us more skills. #WRAP21 #HousekeysNotSweeps #HousekeysNotHandcuffs
The systems are doing what they were built to do: The systems are doing what they were built to do: displace people, criminalize poverty, protect profit. WRAP + our members organize and fight for dignity and respect.

Every one of us has a role right now; If you have resources, you make space for the folks with time, skills, & energy to work that magic. Every dollar keeps us moving.

$21, $210, or $2,100...it all keeps WRAP + members in sync. Link in bio!
Every day we witness the criminalization of povert Every day we witness the criminalization of poverty and homelessness where local governments across the country unleash the force of the State against people forced to live in public space. Blaming unhoused people for the fact homelessness exists while they continue to ignore the devastation of public and affordable housing program for people.

Read our post to understand what sweeps are and how they’re used in the cycle of homelessness! #StopTheSweeps
San Francisco, CA. We have an abusive government! San Francisco, CA. We have an abusive government! Speak out against cuts to senior & disability programs! April 15 Join the board of supervisors' budget committee hearing to share your story! Meet at noon for an action. Hearing begins at 1:30pm Room 278
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✨Help us raise $2,100 by the end of today! 
✨Grow our monthly donors by 21 people! 
✨Subscribe to our newsletter & stay updated about WRAP resources, WRAP members & articles on homeless policy! 

We want everyone to keep celebrating with us by building, strengthening, & broadening the movement to end the criminalization of poverty & homelessness! 

Reach out to WRAP today to learn more about volunteer opportunities, how to support our work & how to get connected with our members! 

Reach out to wrap@wraphome.org 

All WRAP member organizations are tagged & links can be found in our linktree.
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