ACLU challenges Santa Monica over treatment of homeless

The ACLU of Southern California today filed a civil rights suit in U.S. District Court in Los Angeles against the city of Santa Monica, saying police routinely violate homeless people's constitutional rights and the Americans With Disabilities Act by harassing and arresting them even as the city fails to provide sufficient shelter beds.

"Santa Monica is effectively running a deportation program for the homeless," said Mark Rosenbaum, the organization's legal director. The suit is similar to previous legal challenges against Laguna Beach and Santa Barbara that Rosenbaum said have resulted in policy changes that have helped the homeless.

In its 20-page complaint, filed jointly with Munger, Tolles & Olson on behalf of six individuals, the ACLU alleges that "Santa Monica should be a kind of oasis for those forced to live and sleep outdoors--a place where the climate and open spaces make homelessness somewhat less horrible than it would be most other places." Rather, it said, the city "has made it a crime to be homeless."

The complaint said police routinely prod chronically homeless people to move on to other places, such as Venice, Culver City or downtown L.A.'s skid row.

Earlier this year, the city released data showing it had reduced its street population by 8% from 2007 levels, to 915. Officials credited an effort to ensure that individuals most at risk find transitional housing and treatment. A high percentage of those sleeping on the streets have mental illnesses or addictions.

The complaint mentions a 56-year-old woman with paranoid schizophrenia who said she fears that spaceships are trying to kill her. After being jailed three times, and having her fears scoffed at by police, she relocated to Venice. 

"They're arresting people because they're poor and mentally disabled," Rosenbaum said.

--Martha Groves

Comments

[Very simple]

Mark Rosenbaum should keep the homeless in his backyard if he cares about them so much. I am sure he lives in a temperate climate too.

[TerryB]

I find it unbelievable that lawyers, of all people, would find it "normal" for Santa Monica residents to accept, let alone welcome, the homeless population. As a 15 year resident of this city, I can assure everyone reading this that there are more homeless in SM and Venice than anywhere else on the California Coastline.

I would argue that every city should do their share and accept and welcome the homeless as well as we do.

And I suggest ACLU to go take a stroll on the Promenade with their children and explain to them why people are defecating (and worse) in public.

There are many different kind of homeless people, some need treatment, some need assistance or a job or shelter, but SM can't take care of theirs and tolerate the most repulsive behavior.

thank you

[mjm]

And here I thought Santa Monica was a bastion of liberal-hearted goodness and kindness. I'm shocked and appalled.

[Mike_S]

I thought Americans acted to fix problems instead of complaining about others' inability to do so.

If Rosenbaum and Groves want to fix homelessness, by all means they should take real action and open their own shelters. It would certainly give them more legitimacy when complaining that SM isn't doing enough.

[Ellie Schneir]

I am a resident of Santa Monica. In April of this year a Santa Monica Deputy City Attorney tried a homeless man in a case of four counts of "illegal camping". The man was under the mistaken, possibly deluded idea, that he had permission from someone to sleep in a city owned-parking lot-and he was prosecuted, quite literally, to the fullest extent of the law. Mr. Lecroix, the defendant, would not agree to the stay away order that the deputy CA insisted upon as a condition of release-and so the plea bargain offer went up to TWO YEARS IN THE COUNTY JAIL!!!!
The defendant went to trial, the jury found him guilty and the person who represents you and me, who stood up and declared that he represents The People of the State of California, asked the court to impose the maximum sentence-TWO YEARS IN THE COUNTY JAIL, FOR MISDEMEANOR OFFENSES!!!!! And to make matters worse, the judge followed the recommendation of the Deputy City Attorneys that purports to represent the residents of our city.!
This man did nothing more than be homeless and unwilling to stay in a shelter. (by the way-there are not enough shelter beds for all of the homeless in my city) While there are many community problems associated with homelessness-is the solution EVER going to be incarceration in a jail cell???? For two years???
This is outrageous! As a resident of Santa Monica I demanded that the City Council call for an inquiry into the policies and practices of the City Attorney's Office when it comes to prosecuting the homeless in this fashion. The City Attorney's response was to go in and ask the court to recall the sentence and resentence the defendant to 4 months in county jail (still an outrage)...And what about a Superior Court judge who allows the prosecutor to dictate the sentence and does not exercise any of his own discretion??? Prosecutor says "two years" and the Judge says "Sounds good", then another prosecutor says -"That was a mistake-give him four months" and the judge doesn't blink an eye.
To me there is great irony in the fact that this lawsuit was filed on Bastille Day.

[Mike]

Sunny weather = allowing the homeless to sleep anywhere they want? What kind of math is that Mr. Rosenbaum? Maybe people want to walk around without paying their bum tax or seeing people using the great outdoors as a toilet.

[Stan]

One can't help but wonder if the homeless parked themselves in front of the ACLU and cooked, slept and relieved themselves, that this liberal organization wouldn't call the authorities and have them evicted.

Additionally would they also take the same attitude that these people should be allowed to stay because all they seek is an "oasis for those forced to live and sleep outdoors--a place where the climate and open spaces make homelessness somewhat less horrible than it would be most other places."

When that happens I'll join.

[kooo]

Yo, "Very Simple", my thoughts exactly... the ACLU should spend that money to sue Santa Monica and build a shelter by their building parking lot... better yet, housed them inside the ACLU.

[John]

I don't have enough money to afford housing in Santa Monica, so I don't understand why that city should have to provide it free of charge to those with even less money.

We'd ALL like beachfront housing, but you have to pay for it.

I'm tired of the best parts of California becoming magnets for the detritus of humanity.

You want to live somewhere nice, get a job and PAY FOR IT.

How do Beverly Hills and Bel Air deal with this problem?

You rarely see homeless there.

[nkirv]

Wow, I've been a resident of Santa Monica for a year, and my impression has been that this city is very benevolent to the homeless, since they have so many regular hangout spots and use the library a lot. I suppose this shatters my illusions, or else maybe the police need to be better trained not to harrass the homeless. There are areas where they're not supposed to camp, but then there are other areas where they can.

[Matthew]

I live in Santa Monica and certainly feel for the homeless, but many are dangerous to both themselves as well as others. Something needs to be done but forcing the city of Santa Monica to care for these people is not the answer. Santa Monica has a disproportionate amount of homeless due to lax enforcement as well as significant amount of open space and good weather. Just because these people show up in our city doesn't make us responsible for them. Is the next step that I have to personally care for the lunatic who keeps deciding to sleep by my garage? This is just foolishness.

[Alicai1969]

Sad that so many seem to think it is okay to simply arrest people for being homeless--you have to pay taxes for their stay in jail--that Tax money can be used to create shelters. If you don;t want to see people using the bathroom on the streets do something about it--it is not just the ACLU's problem--it is everyone's problem. You don't have the right o turn your nose up if you refuse to help fight to solve the problem and pass the buck.

[Just Ed]

ACLU vs Santa Monica? Priceless!!!!

[Gene]

Homelessness is a complex social issue with no easy solutions. But one thing you can easily bet on is that none of these ACLU advocates, or their attorneys, live in neighborhoods with large populations of homeless persons.

[mominalley]

There is a "shelter" right near my apartment complex. Everytime I enter the alley where they all hang out, I am leered at and commented to, about my car, my outfit, my plans for the day. And I pay exorbitant rent for this!

[Jason]

Hey Rosenbaum,
How many homeless do you shelter in your yard? Zero I'm guessing...

Why do you expect that someone else should feel any different with a bunch of bums living in their yard / on their property? How should City residents feel when the homeless occupy local parks and make them unusable?

[Jim Q. Citizen]

The homeless have a great deal in S.M. At night, they are allowed to sleep (and defecate and urinate ) in the Third Street Promenade until 6:00 a.m. at which time they board Metro buses for the trip downtown for multiple feedings and other activities after which they return "home" to Santa Monica for another lazy day in scenic beauty. Where's the mean and cruel treatment?

[AlanM]

and when the homeless woman spit on my 6 year old daughter because she looked at her too long what should I have told my daughter? It's ok, she's homeless? And when we were trying to eat a quick lunch in Burger King and a homeless man came in and yelled at the top of his lungs until the manager gave him free french fries so he would go away? I don't have a very high opinion of people who act like savages and I certainly am not in favor of helping people who not only refuse to help themselves, but attack people who work hard every day to make ends meet. That's not where I want my taxpayer money going. Those that think we should be holding our hands out, I'll help you find a woman on 3rd street to spit on you, then ask if you still want to give her the money in your wallet!

[2 cents]

dear Ellie - why don't you let homeless folks live at your place? - problem solved! we can all be happy now

[Rosie]

The ideal place to be homeless is in Santa Monica.
The trouble is that the homeless have ruined the city by camping, littering, harrassing and defecating anywhere they please. The 3rd Street Promenade is a disgrace because of the homeless. I am sure the businesses (revenue producers)are not happy either.
The homeless don't care for the soup kitchens because they don't like the food - they want money to spend as they wish. (booze and smokes I guess)
The ACLU should spend time and money figuring out this problem rather than bring a case against Santa Monica who are doing the best that finances and charity will allow.

[RobB]

I've lived in Santa Monica for 30+ years, and have seen many cycles of homelessness 101. This lawsuit is triggering yet another. I'm hardly an advocate for the homeless, but find most of the comments posted so far polemical. In 30 years of routine shopping and living I've never been accosted by a homeless person. I have sympathy for some of them but also think a certain percentage are homeless by choice, their plight is self-inflicted, and they are not "owed" housing or anything else. On the other hand mental illness is real, a civilized society offers humane services and support to the mentally ill, and it's usually cheaper to fund social services rather than criminal incarceration. There's no balance to the comments posted so far, questionable "facts," and no compassion. Listen to OPCC and others who KNOW FROM EXPERIENCE about the different populations within the homeless, and as far as those 100% against offering any public services let alone compassion, there but for the grace of God ...

[Peter]

Those commenters who referred to the homeless in general as the detritus of humanity, lazy bums, lunatics, ad nauseam, ought to be ashamed of themselves. In fact, I rather think those commenters are themselvew the lowest of the low.

Since our society has failed to solve the homeless problem, it is inevitable that some of those who are better off are going to be forced to confront the consequences. Better to do so with compassion rather than the anger so evident in so many of these comments.

I came home in the wee hours one winter night to find a man born more than 50 yers ago in my neighborhood sleeping on a concrete doorstep iby the entrance to the apartment complex where I live. He had only just come out of the hospital. I offered him and his female companion the back of my canopied pickup truck, and they lived there for two years before the LAPD rousted them and had my truck towed away. It did my heart good to know I had provided at least a little respite from the elements for two of my fellow human beings. Try to help; it might make you feel better, too.

[Eric Rife]

As someone who works with the homeless on a daily basis in a major metropolitan library, I can honestly say there is a great deal of diversity in the population. There are people with mental health issues, drug/alcohol issues and some (many, in fact) who simply enjoy living a life without responsibility.

Where I work we have homeless who routinely threaten and assault staff and patrons and openly defecate, urinate and masturbate. Many have a strange sense of entitlement and attempt to get their way through intimidation.

Personally, as someone who already pays a lot of property taxes, I'd happily pay more if it meant that more homeless shelters and programs could be built.

I WISH it were the case that the majority of homeless I see were mere victims of a cruel and heartless society. I WISH it were the case that the majority of the homeless I see just want an opportunity to turn their lives around.

But they're not. The majority of the ones I deal with display little to no concern about how their behavior effects others. They are, as often as not, extremely selfish and show nothing but disrespect, contempt and hostility, even to those whose assistance they require. Most are manipulative and many are predatory, usually on other homeless.

Others however, ARE the victims of circumstance. They are on the streets not because they have substance abuse issues but because they have fallen through the cracks of our various institutions. These people ARE deserving of our help, even if it means subsidizing many others who are not.

Homelessness is a complex socio-economic problem which requires empathy and understanding on all sides if there is ever to be a just solution to the problem.

[Terrenz Sword]

I think it’s kinda funny that Santa Monica, and all of California, can welcome and give sanctuary to illegal immigrants, and then turn its back on its “displaced” citizens. Homeless citizens go to jail and are “deported”, but illegal immigrants are OK!

Whose country is this anyway? You give an unfair advantage to people who “work off the books” and pay no income taxes; all their money goes to help "their homeland". You give them free English classes; but do you give our citizens free Spanish classes? NO! Everyone knows, if you want to work, you MUST speak Spanish!

Meanwhile, goes California broke raising and educating their children (who hate our gringo schools), and “where-housing” Mexican nationals who don’t want to work as slaves. But consider, we have a President who refuses to prove where he was born, and gives money (I didn’t know we had) to protect a bunch of private bankers (gamblers?) and gives no money to the states. Those same bankers refuse to cash California IOU’s!

California should STOP giving money to the Federal Government and see how they like it! Let the Fed suffer from cutbacks and downsizing, and give the jobs back to the American people, so we don’t have to rely on China and Mexico for all our basic needs! And for the record, we don’t get our oil from the Middle East, it comes from Canada, Mexico, and Venezuela.

[Joey]

i pay a lot of money to live in Santa Monica, I should be able to walk by my home without having to fear a schizophrenic homeless man/women. Why don't they relocate the homeless to their oasis.

[soccermom]

Jail is not the place for homeless mentally ill people! There is no safe place for them. Didn't any of you see "The Soloist"? One of the many symptoms of mental illness is fear of closed spaces. Santa Monica should not arrest people for whom there is no available shelter.

The world is not for us alone. We must have compassion for homeless people. No one makes a rational choice to be homeless. The Constitution protects the rights of poor, crazy people as well as the affluent and successful. Thank God for the ACLU.

[Justin Samuels]

Beverly Hills, and a number of other cities in Southern California if not all over the West, basically DUMP their homeless in places like Santa Monica. If a homeless person is seen in Beverly Hills, the cops are on it IMMEDIATELY.

Also, a number of places in that past that wanted to get rid of troubled people PUT them on a GREYHOUND bus to Los Angeles.

I do think people should be helped and given the care that they need, but Santa Monica shouldn't have to take care of everyone's homeless, and in fact they can't afford to,

A nasty bum spitting on a small child is just disgusting.

I'm from New York City, and I remember once when some of our parks were beginning to get tent cities. What happened? Well, the NYPD under Rudy Giuliani took care of that, they arrested a lot of them, put them in mental hospitals, encouraged them to leave town.

I think if the city of Los Angeles and Santa Monica, among other places simply didn't tolerate LOITERING, more homeless people would be encouraged to get help and do something about their homelessness. Something should be done about it, because of this gets too bad, who would want to come to LA do business or to visit? Or live even?

[Natalie]

I've been a resident of Santa Monica (SM) for 20 years. In addition, I work in a homeless shelter in Santa Monica. However, as a resident I know SM has built new shelters and provided more services to help the homeless. If an individual wishes not to get the mental health they need. Then the city should not be responsible for that persons well being. The homeless need do their part. The city has does there. By the way, if Santa Monica have no laws for the homeless than that would open the door for SM to become the new Beachfront Skid Row.

[stephanie]

Have a little compassion here guys. I understand the frustration and concern with the behaviors of homeless people, but this is a very complex issue. Instead of giving the homeless citations and wasting money on jails/courts/etc...how about we get affordable housing and a team of professionals to help. Most of the the homeless are mentally ill and/or addicted to some kind of substance. this problem will only get worse with a weakening economy and veterans not getting the services they need after returning from Iraq and Afghanistan. Where do you expect the homeless to go? Skid row where you can't see them? You can't keep pushing the problem aside. It will always be there. Compassion is what we need!

[Luke]

One thing the City of Santa Monica has done right is document that we have one of the oldest and most disabled homeless populations in the country. Police are not the answer here. Even within this thread you can see how much venom this community (one of the wealthiest and most privilegded on earth) has towards this very vulnerable population. I am happy to see that the ACLU is alive and well. Santa Monica needs a wake-up call. In this economy many of us are one paycheck away from being in the shoes of the homeless. There is no better time than now to ensure our rights.

[Nora Weber]

Please don't send anymore to Bakersfield. I have a commercial office building that won't rent and is sitting empty.

The homeless sit on the corner of the alley in the shade and drink all day long. It is enough to scare the hell out of anyone.

Three years ago one of them all drugged out of his mind, walked into my office and tried to beat me to death. I was able to get my gun and shot him, didn't kill, but hit him four times out of five bullets. All the time screaming stop, as this character was beating me to death. when the police finally arrived 12 minutes later. I was taken to the police station in handcuffs and questioned then the police drove me back to my office. I spent five (5) hours at the police station, and I was half beaten to death at 67 years old. I am only 4'11" and weigh 98 lbs.

This guy looked like a line-backer for the 49ers. even the bullets didn't stop him.

The police had to taze him to take him down, and even then it took five policemen to get him on the gurney and take him in an ambulance to the hospital.

They don't mess around my building any more. The word got out real fast. They sit on the corner now and drink and call me Mom. They say they will look out for me. Well I don't know about that, it will probably depend on what drug they are on at the time.

This guy got three (3) years in prison for elder abuse. True story, The police said not too many people live through such an attack. I was bound and determined it was me or him, and I wasn't going to sit still and let that character beat me to death without a fight. My best advice is be prepared to defend yourself at all times. Always keep a defense weapon within your reach, and don't just threaten, be prepared to use it..

[Mike]

I don't understand why the ACLU would sue Santa Monica. I see the poor line up for bags of food. I see them sleep in the green areas and along the beaches. I have seen police talk to the homeless but usually because they were blocking the sidewalk so people had to walk in the street, or one guy just stopped in front of the 4th street off ramp. There is quite a bit of human urine and excrement around, you smell it before you see it; but i've never seen anyone hassled by the police for no reason.

Of many cities, santa monica tries very hard. They put forth more effort than larger cities and the community is far more forgiving. Wasting money on a lawsuit will only turn good people bitter, and vindicate the more pessimistic.

[Ken]

Very sad how many people commenting here are calling homeless people "irresponsible" and "lazy" --and claiming that Santa Monica does "more" for the homeless than others.

"More" compared to what? "Irresponsible" compared to whom?

Santa Monica is one of the wealthiest, highest-educated communities in America --a country whose average housed resident consumes at a rate that is six times more than that which is globally sustainable for this planet's 6 billion people; who's nation is responsible for 25% of all the historic pollution currently wrecking this planet; and maintains a military think-tank, the RAND Corporation, who's policies claim that every other present country's oil, geographic passages and other resources are not their even own --but rather potential "Vital American Interests" that give them the so-called "right" to invade them for any reason whatsoever.

If you want to consume 6 six times what this planet can sustain --you should be ready to be responsible to maintain an environmental program that will protect and restore six times what those living responsibly within their global footprint can, before you call yourself "responsible" --and be prepared to take it upon yourself to pay for your share of 25% of this entire planet's current toxic nuclear, CO2, chemical and electrical waste.

Similarly, if you are going to take your "responsibility" for remaining housed in a country that maintains the right to hold nuclear missiles over the entire planet --and invade, at its whim, any other nation on earth at any time, for any reason --you better be ready to consider it your responsibility to feed, clothe, house, educate, provide medical care and retirement to every single poor slave of your's on this earth.

That would be the "responsible" thing to do --and you would comprehend this if you had anything resembling an actual "education."

And similarly, if you are like too many Santa Monicans, just not yet aware of this--you ought to understand then why they are traveling from all over the planet to your door --to try to make you open up your eyes to your real "responsibility."

It is absurdly laughable to claim that Santa Monica is "overrun" with more than it's fair share of the poor from anywhere --but it definitely will stop being "overrun" when it stops being a place overrun with it's obscene worship of "privilege" --and starts being a place of some actual human responsibility.

And hopefully --this ACLU suit will help us to all prevail in that direction.

[R. Vaughan]

Beverly Hills is now harassing their few (about 2 dozen)
homeless more than ever before. That's inexcusable.
Somebody has to do something. This city happens,btw,
to never have "shelters".

I applaud the ACLU sueing cities that wrongfully criminalize
homelessness.

What SHOULD be done,is DOUBLE or TRIPLE penalties for
EXISTING (legitimate) laws when people (homleless or
otherwise) hurt people. But inventing laws against
homelessness itself is NOT the answer!

Also,all homeless people are NOT on drugs/drink,etc. Some
just have bad luck...maybe no family,etc. People get dispossessed for VARIOUS reasons.

[R Vaughan]

To "John":

Beverly Hills ISN'T dealing properly with the homeless. The
police are hassling them.

As for Bel-Air,that's a wealthy PRIVATE suburb of Los
Angeles. That gated community is not open to the public.