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A few weeks ago, the Los Angeles County Department of Public Health inspected an area of Los Angeles’ skid row, located in downtown Los Angeles, and found that the area was aptly named: it contained drug needles, used condoms, rat infestations, and human feces. City officials cleaned it up; the health inspectors then went back for another look.
And the area was worse than before.
“The human feces are certainly very disturbing, as are the hypodermic needles,” lamented Jonathan Fielding, the county’s top public health official. “The situation appears to have worsened.”
Now taxpayers will have to pay for the streets to the power-washed every week. The skid row camps, which doubled as Occupy protest camps a few months back, have created risk of meningitis and other communicable diseases.
“From the city’s point of view, we have a public health crisis,” said Special Assistant City Attorney Jane Usher. “There are such vast quantities of materials deposited on the streets and sidewalks.”
Why aren’t these polluters arrested? Because there is a judicial injunction that prevents police from seizing abandoned property from the residents of skid row. The 9th Circuit Court of Appeals is now looking at the injunction. Instead, the city is supposed to clean up after people who poop on the streets. And California residents are supposed to pay for it. In fact, the situation has gotten so bad that when city officials try to clean up the streets, random residents of skid row will pop up and claim that the refuse is their personal property, thereby preventing the city from cleaning up the mess.
The injunction is so bad that Union Rescue Mission has complained that it is responsible for the buildup of human waste and garbage throughout the area, since the police can’t do anything about it.
Originally posted by alfa1
Originally posted by xuenchen
story from Breitbart
No, the story isnt from Breitbart, there is a clear link back to the actual story from the LA Times.
Breitbart just stole the story, and reworded it a bit.
Now taxpayers will have to pay for the streets to the power-washed every week. The skid row camps, which doubled as Occupy protest camps a few months back, have created risk of meningitis and other communicable diseases.
Why aren’t these polluters arrested? Because there is a judicial injunction that prevents police from seizing abandoned property from the residents of skid row.
Los Angeles's Skid Row has the highest concentration of homeless individuals in the United States. Charlie LeDuff, In Los Angeles, Skid Row Resists an Upgrade, N.Y. Times, July 15, 2003, at A1. According to the declaration of Michael Alvidrez, a manager of single-room-occupancy (“SRO”) hotels in Skid Row owned by the Skid Row Housing Trust, since the mid-1970s Los Angeles has chosen to centralize homeless services in Skid Row. See also Edward G. Goetz, Land Use and Homeless Policy in Los Angeles, 16 Int'l. J. Urb. & Regional Res. 540, 543 (1992) (discussing the City's long-standing “policy of concentrating and containing the homeless in the Skid Row area”). The area is now largely comprised of SRO hotels (multi-unit housing for very low income persons typically consisting of a single room with shared bathroom), shelters, and other facilities for the homeless.
Skid Row is a place of desperate poverty, drug use, and crime, where Porta-Potties serve as sleeping quarters and houses of prostitution. Steve Lopez, A Corner Where L.A. Hits Rock Bottom, L.A. Times, Oct. 17, 2005, at A1. Recently, it has been reported that local hospitals and law enforcement agencies from nearby suburban areas have been caught “dumping” homeless individuals in Skid Row upon their release.
Cara Mia DiMassa & Richard Winton, Dumping of Homeless Suspected Downtown, L.A. Times, Sept. 23, 2005, at A1. This led Los Angeles Mayor Antonio Villaraigosa to order an investigation into the phenomenon in September 2005. Cara Mia DiMassa & Richard Fausset, Mayor Orders Probe of Skid Row Dumping, L.A. Times, Sept. 27, 2005, at B1. L.A.P.D. Chief William Bratton, insisting that the Department does not target the homeless but only people who violate city ordinances (presumably including the ordinance at issue), has stated:
“If the behavior is aberrant, in the sense that it breaks the law, then there are city ordinances․ You arrest them, prosecute them. Put them in jail. And if they do it again, you arrest them, prosecute them, and put them in jail. It's that simple.”
Section 41.18(d) is one of the most restrictive municipal laws regulating public spaces in the United States. The City can secure a conviction under the ordinance against anyone who merely sits, lies, or sleeps in a public way at any time of day.
The City next argues that Appellants lack standing because they could assert a necessity defense. In support of this argument, the City relies on In re Eichorn, 69 Cal.App.4th 382, 81 Cal.Rptr.2d 535, 539-40 (1998), in which the California Court of Appeal held that a homeless defendant may raise a necessity defense to violation of a municipal anti-camping ordinance. This argument also lacks merit.
Finally, one must question the policy of arresting, jailing, and prosecuting individuals whom the City Attorney concedes cannot be convicted due to a necessity defense. If there is no offense for which the homeless can be convicted, is the City admitting that all that comes before is merely police harassment of a vulnerable population?
The argument that at trial a homeless individual would have recourse to a necessity defense so as to avoid conviction begs the question why the City arrests homeless individuals during nighttime in the first place, other than out of indifference or meanness.