Page 24 - Sonoma County Gazette November 2018

Re-assessing Homeless Enforcement
There is another plant lover, who
visited the gardens many years before
and was also smitten by this place of
magnificent and rare blooms and foliage.
Mike Boss never forgot the gardens that
touched more than the senses and wove
their way into his heart. Not so very long
ago, the 7.5 acre nursery was up for sale
and Mike, with a leap of faith jumped in
line, just behind the developers that were
planning to do what developers do. A
year ago when the sale fell through for
the developers, Mike was able to acquire
the nursery. To his delight he discovered a collection of every type of redwood that exists today including the Bald Cypress, with ‘knees’ that pop up from the roots around the base of the trees, like so many tiny sculptures.
By Will Carruthers
In the wake of a federal court ruling, Santa Rosa and Sonoma County are
reviewing the laws city employees cite when moving people from homeless encampments.
Every season in the garden brings visual delights. Spring’s dazzling flowers, summer’s cool, soothing green alcoves and fall’s spectacular foliage. Monet would have been happy here.
On Sept. 4, a judge in San Francisco’s Ninth U.S. Circuit Court of Appeals ruled that the city of Boise’s laws punishing homeless people for sleeping on the street were “cruel and unusual.”
Like so many residents in coastal Sonoma County with limited sunshine,
I am delighted by the selection of flowering shade plants at the nursery. On a recent visit I couldn’t resist purchasing a perennial yellow bleeding heart vine. A little jewel that now lives in my own garden. I was also surprised by the edible shade plants they are cultivating.
A Hidden Gem in Sonoma County
By Val Larsen
In 2003 a friend who knows I love
gardens and gardening, introduced me to Sonoma Horticultural nursery, a place of timeless beauty, jewel-toned clematis arbors and pathways that lead to a meadow, through groves of rhododendrons, unusual rare shade plants and an azalea and wisteria bordered pond.
The ruling found that cities and states may not pass laws that “criminalize conduct that is an unavoidable consequence of being homeless -- namely sitting, lying or sleeping on the streets” when there are not enough reasonable alternatives to shelter the people being punished.
The 9th Circuit Court of Appeals’ ruling, which covers states along the
west coast including California, Oregon and Washington, has caused cities throughout the region to reassess the laws they use to justify moving, fining or arresting people living on the streets.
Mike manages the gardens with the help of a small caring staff who work hard to make sure this place will thrive and be accessible for the countless visitors who have come over the last fifty years and who will visit in the future.
In the past year, homeless advocates and law enforcement in Sonoma County have disagreed over the legality of the city’s enforcement actions, resulting in a lawsuit between local homeless advocates and the county which is currently in settlement proceedings.
The Boise case could push local governments to define some crucial terms, according to Alicia Roman, a Santa Rosa attorney and homeless advocate.
Mike’s vision of connecting people with nature includes ongoing workshops on gardening, ecology and the role plants play in our lives, as well as how plants can heal ourselves, our communities and our planet. There might even be some upcoming cooking classes that teach delicious ways to use the edible plants.
Mainly, law enforcement must offer “adequate temporary shelter” that is appropriate for a person being cited or asked to leave an area.
“For me, that means ‘adequate shelter for their needs,’” Roman said.
The ruling requires the city to offer reasonable accommodations for people unwilling or unable to stay at a large group shelter or in a shelter with religious requirements.
For example, offering a hotel voucher for one night would not constitute
a reasonable shelter because of the amount of effort required to move their belongings in and out of the hotel for such a short amount of time, Roman said.
The second Sunday of every month is a volunteer day, which I
am very excited to be a part of. It will be a treat to learn about the rare plants that grow in the gardens as well as knowing I am helping to preserve a hidden gem in Sonoma County.
Sonoma Horticultural Gardens
3970 Azalea Lane
Sebastopol, CA 95472
(707) 874-1057
sonomahort.com
Nursery hours: Thursday-Monday - 9am-5pm Closed Tuesday and Wednesday
Winter hours: (Nov-Jan) 9am-3:30pm
Closed: Fourth of July, Thanksgiving, Dec. 18 - Jan. 9
Santa Rosa City Attorney Sue Gallagher says that the city and county are constantly working to stay up to date with rulings that apply to the region, including the Martin vs. City of Boise case.
“We’ve always ensured that shelter beds are available before we ask people to move,” Gallagher said, adding that the city and county offer shelter based on different needs.
If an individual has a documented disability that makes them unable to stay in a general room at a shelter, they may be offered one of the few separate rooms at the Sam Jones Shelter or a room at the Palms Inn, Gallagher said.
Meanwhile, finding long term housing options for the county’s homeless remains an elusive goal.
The county’s 2018 Homeless Census found that 64 percent of the county’s 2,996 homeless residents were considered unsheltered, meaning that they are not staying in an emergency shelter or transitional home.
24 - www.sonomacountygazette.com - 11/18