Page 8 - Sonoma County Gazette Janaury 2019

Homeless Housing
SOLUTIONS
the County Could Implement Immediately
ANDY LOPEZ cont’d from page 1
For example, a Federal District Court judge in Oakland disagreed with the argument that Gelhaus should be guaranteed immunity from civil litigation due to a perceived deadly threat.
By Bob Higham
I spent several hours this last spring with a homeless woman I have seen, day
Propelled by the desire for a ruling that would allow the case to be dropped, the County forged ahead, but continued to lose in court.
after day, standing on the narrow strip of concrete that splits two fast-moving streams of cars where 4th Street becomes Highway 12 near the Flamingo Hotel in Santa Rosa.
The 9th Circuit Court of Appeals upheld the verdict of the Oakland appeals court. The Los Angeles Times quoted one of the judges on that panel, Milan D. Smith, concluding that Gelhaus “did not appear to face danger or an immediate threat to himself or others.”
Nancy, an articulate, funny and well-dressed middle-aged woman, shows a hopeful sign asking for money from westbound drivers waiting at a red light. She gathers enough money to feed herself frugally and rents a motel room
Judge Smith pointed out the facts as presented to him from case documents: “Andy was walking normally ... in broad daylight in a residential neighborhood,” and did not display “aggressive behavior,” the judge wrote. Moreover, the deputy “deployed deadly force while Andy was on the sidewalk holding a gun that was pointed down at the ground,” and “without having warned [him] that such force would be used.”
once every few weeks to take a shower and sleep indoors without worry, as she did while growing up nearby in Rincon Valley. Like many homeless people, she is too proud to accept SSI.
We visited near her current base, two L-shaped cement walls built to shelter a gas-station-dumpster.
By the time of the settlement, the shots fired at Andy Lopez had been heard in appeals courts all over the nation. Even Ruth Bader Ginsburg and the august body of the U.S. Supreme Court in January 2018 were petitioned by the County to review Gelhaus vs. The Estate of Andy Lopez, in the hope that the justices would approve immunity for Gelhaus from civil suits. SCOTUS denied the petition without comment, sending it back to Oakland Federal District Court for trial.
Nancy admitted to depression and I began to notice other compromising mental conditions.
Although she’d love to have a steady job and stable life, she suspects it won’t happen. She has too many disabilities to hold a job.
Nancy, like dozens of other homeless men and women I have met in my volunteer work, will spend the winter trying to stay dry, living on a thin mat of cotton towels under a plastic tarp.
No precedent was set, nor was immunity granted.
They deserve better – Sonoma County can do better if it funded and established safe parking and sanctioned campsites, two fast, cheap housing solutions, or a third inexpensive shelter, Galen’s Gardens. Details later.
No further appeals, no higher court existed that would allow the County to have the Lopez family’s complaint dropped, or prevent them from litigating their case.
Except when it isn’t simple.
No threat seen by the judge, therefore no immunity.
SAFE Parking for People Who Sleep in Their Cars
While the Lopez case was making its way through the courts, Sonoma County locally was shaken up by the voluntary early retirement (in the face of a recall vote) of Sheriff Steve Freitas, his appointment of Acting Sheriff Robert Giordano, and the election of Mark Essick as new Sheriff, in the election last June.
The lack of legal, safe parking for hundreds of people living in their vehicles across the county puts them at constant risk of harassment by bullies or police raps on the window to move on. Portable toilets and washstands for a couple of dozen Parkers are inexpensive, but funding ran out.
Inthewinterof2014,theFairgrounds’ParkingLotDwithpermanenttoilets and showers hosted 20 to 30 vehicles each night, with space for more. That was terminated by Supervisor Zane.
A law enforcement review
committee, the Independent Office
of Law Enforcement Review and
Outreach (IOLERO), was appointed
in 2015 and given the mission to
recommend policies and reporting
methods on the part of the Sheriff’’s Department, to foster better accountability with the public.
At the County Administrative Campus, about 30 people were allowed to sleepintheirvehiclesinaparkinglotformanymonths.Countystaffmembers loved having them there, paid attention to them, and brought food and supplies, implying precious dignity to the residents, many of whom work low- wage full and part-time jobs.
After Catholic Charities ran out of money, a businessman began hosting about 15 cars a night at his commercial site with help from Homeless Action, dedicated volunteers.
Andy’s shooting precipitated a great deal of unrest and distrust of the Sheriff’s Department. The county’s stated aim was to establish “ a new County office charged with independent, civilian review of law enforcement.”
Hundreds more Parkers wait for a safe, legal place to sleep.
Although you might expect local churches to offer safe night-time parking on their unused parking lots, only a few churches in the county do.
After a costly legal odyssey, the County offered a settlement to the Lopez family. Weary from grief and the drawn-out legal process, the Lopez’ accepted. The Justice Coalition for Andy Lopez, a local community grassroots group, expressed support for the family’s decision to seek closure, knowing however that this settlement means that any and all facts or eyewitness accounts of the killing will be permanently sealed, and that it includes no admissions of
The drill is simple: Vetted daily by Catholic Charities, in after 8 pm., out before 8 a.m., no lights or sound above quiet conversation, leave no trace.
Creative funding would make more Safe Parking sites possible. A reliable template has been successful in other counties and states.
Estabish Sanctioned Camps
Cities in Oregon and Washington have many sanctioned camps for their homeless citizens. A good example in Portland is Dignity Village, a mutually supportive community, offering shelter to 60 people every night since 2001. (Articles of Incorporation online).
wrongdoing by Gelhaus or the County of Sonoma.
A theme that has dominated local public dialog over the 5 years since the
For several years City and county leaders here have been implored to allow trial sanctioned encampments with toilets, where homeless men and women can tent without being prodded to “Move on”. Homeless Action, volunteers with long and deep experience in homeless relief, has offered to help maintain the camp.
There seem to be two differing scenarios of what brings
The one advocated by Sonoma County, its Sheriff and its administration involves putting aside anger, at the same time putting aside lawsuits over police violence, and giving peace officers the benefit of the doubt as they do their difficult jobs. In return, law enforcement promises internal changes to prevent similar incidents.
Three Santa Rosa City Council members have signaled support for one or both of these proposals. Victoria Fleming, the council’s newest member, holds a degree in social work, worked with homeless people in college and afterwards. We hope she will join in approving homeless relief.
The view of people who spoke at candidate events during last year’s Sheriff election, is that trust-building is key to the healing process. People declared
8 - www.sonomacountygazette.com - 1/19
ANDY LOPEZ cont’d on page 9
killing of Andy Lopez, is healing.
healing after a police incident.