Sunday, March 2, 2008

While the police officers in Seattle use their Obstructing a Police Officer charge as leverage, the local Santee Sheriff deputies like to use the "Lodging" municipal code for the same thing, handing out Lodging tickets to any homeless person, who is doing anything within the sight of these roving patrols. Lodging is also used as an excuse to rough up homeless people. As was told to me, "You are trespassing in the public park, because you are homeless".

Despite the fact that the 10.20.150 SMC states that it is an "overnight" offense, the sheriff deputies seem to forget this aspect of the law quite frequently.

I am truly hoping that this week will begin to see some changes in this law. But what about the attitude behind the law? Will our local deputies simply switch over to another law, Obstructing an Officer, for example, and continue the harassment campaign? I would like to believe that the only reason they are enforcing this very silly code is they are being told to by local government. But my last encounter with the local law enforcement has left me feeling rather dubious of this assessment.

Something I have been curious about and finally got around to looking up is "what the heck is Lodging?" According to the Santee Municipal Code Definitions 17.04.140 a Lodging Unit is:

“Lodging unit” means a room or group of rooms used or intended for use by overnight occupants as a single unit, whether on a transient or residential occupancy basis, located in a motel or dwelling unit providing lodging, whether or not meals are provided to such persons. Where designed or used for occupancy by more than two persons, each two persons capacity shall be deemed a separate lodging unit. For the purpose of determining residential density, each two lodging units shall be considered the equivalent of one dwelling unit.
But there is no definition for Lodging as it pertains to the 10.20.150 law. There is also no definition of Camping, or what they could possibly mean by Tarry.

With out clear definitions to our Municipal Code, how can enforcement be available without the expectation of abuse? It would seem to me that Santee simply doesn't care, and expects the victims of its abusive law enforcement to simply be quite and take their punishment. The real shame of it is, that it could be just that simple.

I have been reminded several times that it is not just the homeless who have to deal with abusive and discriminatory enforcement tactics from the local municipal codes. Several home owners have told me about outrageous abuses in building licenses, building inspections, and value assessments.

So while it may be a pain to be homeless in a city like Santee, it might be worse to own a home here.










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