COUPLE REFUSED SERVICE ON THE BASIS OF SKIN COLOUR BY IL POM ITALIAN RESTAURANT IN FEDERATION SQUARE IL POM REFUSES TO DENY THAT IT ENGAGED IN RACIST PRACTICES AND THAT IT IS ALSO A RACIST RESTAURANT. IL POM REFUSES TO DENY THAT IT IS ACTIVELY CENSORING POSTS ON ITS FACEBOOK PAGE. RACISM has reared its ugly head again in the very heart of Melbourne last weekend @ Federation Square. Facebook activist group There's Nothing I Would Rather Be Than to Be an Aborigine posted the following on June 28. "So I just wanted to share
with you a form of discrimination I faced last night. My partner and I
went out to an Italian restaurant last night and took a seat. While
reading the menu a white man who was a waiter approached us and said
'sorry we can't serve you can you please leave the restaurant, if you
like I can direct you to another restaurant in this area'. We were both
looked at each other in shock and asked
'why exactly can't you serve us?'.. He then replied by saying 'please, I
don't want to cause a scene in front of customers, can you please just
get up and leave'. So we got up and proceeded to leave. It was such a
degrading moment!! It's 2014 and we are still discriminated for being
black and are being told to leave restaurants in a land that belongs to
aboriginals. Absolutely shocking!!" Despite being provided with an opportunity to set the record straight, Il Pom has failed to even deny any wrong doing so for all we know, the waiter was articulating a racist company policy as part oh his list of company duties. SOCIAL MEDIA NOT HAPPY Public reaction has been swift& vocal with almost 250 people commenting on the original post. Face book user Heather Cross said : "That's completely illegal... Not too mention morally wrong and totally reprehensible." Many users called for legal action, whilst the prevailing view seems to be one of "Name and shame". James McEwen tapped into the larger, geopolitical picture, when he typed, "Its
never going to change most racist country on earth everyone treats
aboriginals like shit people living with there heads to far up there
arse if they think this shit doesnt happen if u would of made a scene he
would of rang the police & guess who they would believe not the
aboriginals thats for sure makes me fucking sick" (sic) MORE NEWS AS IT COMES TO HAND
Last year, the Center for Investigative Reporting (CIR)
accused California of sterilizing over 140 female inmates
between 2006 and 2010 without required state approvals.
One doctor, James Heinrich, was responsible for the two-thirds
of the tubal ligation referrals during that period from the biggest
offender, Valley State prison.
Asked by CIR about his startling record, Heinrich justified the
money spent sterilizing inmates by claiming it was minimal
"compared to what you save in welfare paying for these unwanted
children—as they procreated more." He has since been
barred from future prison work.
Following the publication of the 2013 CIR article, California
lawmakers
called for a formal investigation.
Yesterday, the California State Auditor published a report
that confirms over a quarter of the 144 sterilizations performed on
female prisoners between 2005 and 2011 were done without obtaining
proper consent. The report only details female inmates who
underwent the sterilization procedure of tubal ligation, commonly
known as having one's "tubes tied."
In California, a tubal ligation may only be performed on an
inmate after her doctor declares it to be medically necessary and
the service is approved by two committees: one in the prison and
the other at the California Receiver's Office headquarters.
However, according to the auditor's report, both committees
approved only one of the 144 procedures performed.
In fact, the Receiver's Office wasn't even aware that inmates
were being sterilized until January 2010, when a legal advocacy
group called Justice Now began
alleging that medically unnecessary sterilization procedures had
been performed.
Some additional findings of the California State Auditor's
report include:
Prison medical staff failed to document what was discussed with
the inmates about the procedure in all 144 cases.
Inmates' physicians did not sign the required consent form in
27 cases. A physician's signature is especially important in that
it certifies that the patient appears mentally competent and
understands the lasting effects of sterilization.
The sterilization procedure was performed before the required
waiting period had elapsed in 18 cases. State law mandates a 30-day
waiting period between when an inmate consents to the procedure and
when the sterilization actually takes place so women don't feel
rushed or pressured.
In six cases, there were violations related to both the consent
form and waiting period.
These illegal sterilizations, and potential motivations of
doctors who encouraged the women to consent to them, echo
California's
ugly history of sterilization abuse. In 1909, the state passed
a eugenics law that allowed state officials to sterilize those
considered "feeble-minded," prisoners exhibiting sexual or moral
"perversions," and anyone with three or more criminal convictions.
California's eugenics program was apparently so "successful" that
in the 1930s, members of the German Nazi party asked California
eugenicists for advice on how to run their own program.
Between 1909 and 1964, California forcibly sterilized roughly
20,000 people. In 2003, then–Gov. Davis issued a formal apology
to victims of the grisly practice, which has been officially banned
since 1979.
California legislators are currently considering
legislation that would disallow all inmate sterilizations for
purposes other than life-threatening emergencies and to cure
physical illness. Last month, the state senate approved the
measure. It is currently before the state assembly.
Lauren Galik is a policy analyst at the Reason
Foundation, where she focuses on criminal justice issues. She is the
lead author of the Reason Foundation study "Smart on Sentencing, Smart on Crime: Reforming Louisiana’s Determinate Sentencing Laws."
Former prime minister Malcolm Fraser has made a radical call for Australia to break its alliance with the United States and…
Former prime minister Malcolm Fraser does not see China as a source of future danger unless it is provoked unreasonably.
AAP/Mal Fairclough
Former prime minister Malcolm Fraser has made a radical
call for Australia to break its alliance with the United States and
become a “strategically independent” country.
In his new book Dangerous Allies, released today, Fraser
warns that the ANZUS treaty – as now interpreted - might be the biggest
threat to Australia’s security, rather than its major protector. Strategic independence would mean ending the US presence in northern
Australia, part of the American “pivot” to the Asia-Pacific region, and
closing the Pine Gap facility, which he says nowadays could be used
almost in real time to target weapons systems.
Such a stance would necessitate Australia spending much more on
defence but it would not be caught up in any future conflict between the
US and China. “If a war between China and the United States were to
occur with a continuation of current policies, it would be very hard, if
not impossible, for Australia not to be involved.” Fraser was a strong advocate of the alliance when he was prime
minister between 1975 and 1983, but argues that the end of the Cold War
has transformed the international situation and also that American
values have changed with the growth of its view of “American
exceptionalism”. Fraser’s bottom line is that if conflicts break out Australia should
be in a situation where it has a totally open choice about whether it
goes to war. He believes the alliance took Australia into costly wars, including
Vietnam (when the US did not share some vital information with
Australia), and especially Iraq, where the result “is, and was always
going to be, disastrous”.
He rejects the option that Australia should simply tell the US it
would no longer automatically follow it into future conflicts because
“we are too closely ‘intertwined with US strategies and plans.
Australian facilities are too heavily involved”. Fraser admits the US would take “the strongest possible exception” to moves such as closing Pine Gap within five years.
“Every pressure would be exercised on an Australian government so
that the United States would maintain strategic control. We would need
to resist such pressures and make it clear that, in our view, the risks
of a strategic alliance with the United States, of being forced into a
war that was not in our interest, were so great that we had to cut the
ties.”
Writing a forward to the book former Labor foreign minister Gareth
Evans says some of Fraser’s judgements, such as that Australia should
have been a much more independent and less subservient alliance partner
in recent years, were unarguable.
“Others – in particular, his conclusion that we should now go it completely alone – are much more problematic.”
Fraser traces Australia’s stance of “strategic dependence” from the
country’s earliest days – first, dependence on Great Britain, and then
on the US, of which it is now “strategic captive”.
“I discount direct threats to Australia as a result of strategic
independence,” he writes. “It is strategic dependence that provides the
greatest problem to our future in the region.
“Indeed, the current interpretation of ANZUS by Australian leaders is
paradoxical – it might be the biggest threat to our own security
despite it being presented as the guarantor of our security.”
Fraser does not see China as a source of future danger unless it is
provoked unreasonably. “Such provocation could come from the United
States, from Japan or, much less likely, from a flare-up in the South
China Sea. It would be a major advantage not to be tied to the United
States in such circumstances,” he writes.
“An independent Australia could act much more effectively in concert
with other Western Pacific countries, on the one hand to avoid
flashpoints and points of danger, and on the other to promote
initiatives that would do much to maintain continuing peace throughout
the region.
“Yet, as part of the American network, we would not be able to take
such action. We would merely be regarded as a surrogate voice of America
and therefore wield no true influence.”
He says that a strategically independent Australia would still share a
great deal with the US.
“Strategic independence does not mean ending
our relationship with America and cutting out ties. It does mean having a
different relationship, a more equal one in which we can feel free to
say no or offer a differing opinion.”
Queensland Attorney-General Jarrod Bleijie. Photo: Michelle Smith
Queensland’s allegedly leak-prone Attorney General is
threatening the independence of the state’s judiciary, an influential
Australian body for barristers said on Saturday, amid mounting calls for
Jarrod Bleijie to resign.
Australian Bar Association president Mark Livesey QC joined a
rapidly growing chorus of legal fraternity discord in Mr Bleijie,
questioning the Attorney General’s suitability for the job following
allegations he has repeatedly leaked details of confidential
conversations to media outlets. Mr Bleijie declined to comment on the leak allegations or rising resignation pressure on Saturday.
Tim Carmody, newly-named chief justice. Photo: Daniel Hurst
In a stinging attack, Mr Livesey said the process that led to
the appointment of Tim Carmody as the state’s Chief Justice had lost
him the support of the vast majority of the legal fraternity.
“The present position is untenable”, Mr Livesey said.
“The Attorney General of Queensland must consider whether the
breakdown in trust can be repaired – if confidentiality in the judicial
appointment process cannot be assured he must reconsider whether he can
continue in his position.”
Mr Livesey’s comments came soon after the resignation of Queensland Bar Association president Ian Davis QC,
who said he believed a conversation he had with Mr Bleijie on June 3
involving a discussion of Judge Carmody’s potential appointment had been
leaked.
Mr Livesey supported Mr Davis’ move.
“On Friday, Davis QC explained his belief that what he had
said in confidence to the Attorney General and a member of his staff had
been passed on inaccurately and that the Bar’s right to issue
practising certificates was threatened,” he said.
“It is regrettable that Davis QC felt it necessary to resign.
“His frustration about the process and the threat made to the
Bar is understandable. His principled stance is supported by barristers
across Australia."
Mr Davis also received the support of the Queensland Law Society on Friday.
President Ian Brown also expressed concern about Mr Bleijie allegedly leaking information.
“We are deeply concerned by the matters raised by Mr Davis QC
in the notice announcing his resignation to members of the Bar
Association of Queensland, particularly relating to confidentiality,” he
said.
“What is of the utmost importance is the preservation of the integrity of the judiciary and our system of justice.”
Opposition Leader Annastacia Palaszczuk accused the Attonrey
General of leaking confidential correspondence she had sent him
addressing suitable candidates for the Chief Justice Role in May.
In addition to the conversation with Mr Davis, Mr Bleijie is
also alleged to have leaked details of a confidential conversation with
Justice Margaret McMurdo.
“I think Queenslanders should be very concerned because
no-one in this state can have a conversation with the Attorney General, a
private conversation they believe is being kept confidential, because
he will leak it,” she said.
“This government is more interested in leaking than listening.”
Ms Palaszczuk said the drastic resignation protest action
taken by Mr Davis, a highly respected member of the Queensland Bar
Association, reflected, “a fundamental breach of confidentiality”.
In a statement, the Attorney-General’s office denied leaking Ms Palaszczuk’s letter to the media.
“While nothing came from the Attorney-General or his office,
Annastacia Palaszczuk breached confidentiality when she publicly
disclosed her recommendations for Chief Justice during a press
conference on May 7, 2014,” the statement read.
Yesterday,
Channel Ten News aired a report entitled ‘Off The Rails’. It is
described on the website as “Exclusive vision of a passenger racially
harassing ticket inspectors on Melbourne’s public transport system.”
It uses portions of a video shot and
uploaded to YouTube by Jason Macca, a gentleman who is well aware of his
rights as a human being.
View the edited Channel Ten News Report here:
The video begins, “Sadly there’s been
another racial confrontation on Melbourne’s public transport system”,
yet as you can see, the video shows absolutely NO evidence of racial
abuse, nor harassment. It is all simply edited to portray the gentleman
in a particular, unfavourable light, (whilst at the same time promoting
the fact that if you’re a good citizen, you should pay to use public
transport.)
Jason Macca is a sovereign being, who
was travelling on Victoria’s public transport service. Like everyone on
this planet, Jason has the right to travel freely on the King’s highways
and byways, therefore, when asked for his ticket by the transit
officers, he refused to answer (be contracted) by the ‘Transit Police’.
Jason Macca’s refusal to answer the officers’ questions antagonises
them, and results in the transit officers placing him under arrest.
(Jason was released without arrest when arriving at the destination,
because he’d done nothing wrong.)
This footage was highly manipulated by
the media channels who turned this into a “racist” attack. You can
clearly see in this video that the issue is not the transit officers’
race, but their attempt to gain jurisdiction over him.
Now take a look at the entire, raw footage shot by Jason, and you’ll see how it has been manipulated.
Jason Macca’s Full interview Footage:
Also available for view is the behind
the scenes footage (shot by Jason Macca) of the entire interview with
the reporter from Channel Ten. Watch all three videos and you’ll get a
great sense of the way the mainstream media manipulation is insidiously
part of EVERY television report you watch.
Behind The Scenes Footage of Channel Ten with Jason Macca:
More Mainstream Media Manipulation…
This is not an isolated case. Mainstream
media manipulation is widespread. The media is censored in so many
ways. Advertisers and corporations have mass control over what you do
and don’t see. They also have the authority to pull programs from
circulation if they do not fulfil their criteria, promote a viewpoint,
or reveal a truth they feel to be inappropriate. Take for example, the
ABC’s ban of a 2-part program recently aired on Catalyst.
They have removed the videos from their website because “they breached
its impartiality standards.” They also removed them from YouTube. “Part
1 caused so much controversy when it was aired that Australia’s top
medicine safety expert, Emily Banks, urged the ABC not to air the
follow-up, because it might encourage people to go off their
anti-cholesterol statin drugs.
And the list goes on, and on and on. For now, we’ll leave you to see the videos above, and research the
mainstream media manipulation yourself. We can’t recommend highly enough
that you use independent media as your source of truthful, uncensored
information. The Global Freedom Movement teamxx
For over 65 years, the media has remained silent with respect to the
eugenic and genocidal methods of population control employed by
governments throughout the world under the auspices and impetus of the
United Nations and its agencies. Every now and then, as rarely as a celestial event,ethical
individuals have broken rank with the conspiracy of silence only to find
their careers come to a sudden end and no one to hearor publishtheir
stories. John Swinton, former Chief of Staff for the New York Times, took his
colleagues by surprise in 1953 when he made the following statement at
the New York Press Club: “There is no such thing, at this date of the world’s history, in
America, as an independent press. You know it and I know it. There is
not one of you who dares to write your honest opinions, and if you did,
you know beforehand that it would never appear in print. I am paid
weekly for keeping my honest opinion out of the paper I am connected
with. Others of you are paid similar weekly salaries for similar things,
and any of you who would be so foolish as to write honest opinions
would be out on the streets looking for another job. If I allowed my
honest opinions to appear in one issue of my paper, before twenty-four
hours my occupation would be gone. The business of the journalists is to
destroy the truth; to lie outright; to pervert; to vilify; to fawn at
the feet of mammon, and to sell his country and his race for his daily
bread. You know it and I know it, and what folly is this toasting an
independent press? We are the tools and vassals of rich men behind the
scenes. We are the jumping jacks, they pull the strings and we dance.
Our talents, our possibilities, and our lives are all the property of
other men. We are intellectual prostitutes.” The media prostitutes have only gotten kinkier since 1953 and today’s
practitioners not only lack even a modicum of honesty but are complicit
in crimes against humanity that are without precedent in their
magnitude and indecency. If it were not for the alternative media that
has proliferated in the past ten years thanks to the World Wide Web, we
would to this day live in a state of complete ignorance and deception. Common citizens have had to wrestle the truth from the blood-drenched
hands of journalists and editors, whose sole concern is to propagate
half-truths fed to them wholesale through the narrow pipelines of state
or corporate-controlled news agencies that are interested only in
manufacturing consent so as to maintain the illusion of democracy and
freedom. The insidious level of complicity between the media and the political
and corporate elites has been carefully guarded. David Rockefeller,
speaking at the June 1991 Bilderberger meeting in Baden, Germany,
expressed his gratitude: “We are grateful to the Washington Post, the New York Times, Time
Magazine and other great publications whose directors have attended our
meetings and respected their promises of discretion for almost forty
years. It would have been impossible for us to develop our plan for the
world if we had been subjected to the lights of publicity during those
years. But, the world is more sophisticated and prepared to march
towards a world government. The supranational sovereignty of an
intellectual elite and world bankers is surely preferable to the
national auto-determination practiced in past centuries.” What exactly have they been hiding, the innocent readers will ask?
What is exactly is hiding behind taboo words like the New World Order,
world government, the banking elite? What exactly is being discussed in
such complete secrecy at Davos, G8, or Security Council meetings? Why
are governments that purport to be free, democratic and transparent
classify millions of documents while purporting to be public servants
acting in the people’s interest? Behind secrecy hides illegality; that
much we can guess. But what illegality?We all know that economic and
political power has been consolidated at the global level and
supranational level, but very few know why and those who do know rather
than guess are part of the establishment and are keeping quiet. Well, I am not part of the establishment but have been able to
uncover the truth about the world denied us for so long. The truth is
that since the end of World War II peace and stability have been
maintained by controlling population growth to avoid a third world war
that in the nuclear age would be our last. To control population growth governments have had to interfere with
our reproductive systems and have done so by turning the basic elements
of life, water and food, into weapons of mass sterility, which is why
one out of five women in the West remain childless compared to one out
of thirty in India. I describe the methods they have been using for
nearly seven decades, and the new methods they have added to their
arsenal, in my first book on the subject, “Chemical and Biological Depopulation”. This intrusion into our lives and destruction of our health has
required governments to bypass the democratic processes, as no citizen
would accept being chronically poisoned or vote for politicians
advocating legislating family size. It has also required that they
subvert the rule of law, as no national or international court could
possibly defend the poisoning of humanity. The moral complexity and
ambiguity of the Global Depopulation Policy does now allow facile
judgments for the simple reason that the geopolitical necessity of
maintaining peace and stability in a world with finite resources and an
exploding population has left our leaders with the unpalatable dilemma
of having to choose the lesser evil for the greater good. Had they done
nothing and left it in the hands of God, the world would have long
burned to ashes. In my recently published book, “Killing Us Softly: Causes and Consequences of the Global Depopulation Policy”,
I not only expose for the first time in history the existence of a
global depopulation effort and describe its progression; I also assess
the damage done by the policy as well as outline its achievements. I take the liberty of quoting my book: “THE COST IN HUMAN LIFE” Let us briefly review the cost in human life paid and yet to be
paid by the people of this planet as a result of the way in which our
leadership, both national and international, have pressed on. - nearly 2 billion births covertly prevented by chemical, surgical and bacteriological means - more than 500 million births overtly prevented by legislation and abortion - more than 300 million genetic lines permanently and irrevocably shut out of procreation - Japan’s, Europe’s, Russia’s, North America’s, Australia’s and New Zealand’s IQ reduced by 15 to 25 points - 10% of the populations exposed to covert chemical sterilization methods has been rendered sexually confused - 10% of all children born in countries subjected to covert chemical sterilization have been condemned to developmental disorders - 1 out of 5 Western women rendered infertile or
childless by a combination of chemical and psychosocial methods of
population control; compared to one out of 20 in China and 1 out of 30
in India - 100% of the populations subjected to chemical fertility
control have damaged endocrine systems resulting in chronic illness in
at least 25% of these affected populations - all males subjected to chemical fertility control methods have compromised, substandard sperm - more than 500 million people have met with premature
deaths due to artificially high levels of morbidity and mortality
achieved through chemical, biological and bacteriological methods of
population control WHAT HAS BEEN AVERTED It would be intellectually dishonest of me to pretend that the
measures taken by the Global Depopulation Policy have not saved the
world from a far worse outcome than what has been sacrificed. - civilization would have long collapsed had the
population been allowed to grow at natural rates and an additional 2
billion people would have been born into the world between 1950 and
today - widespread famine would have destabilized Africa, South
America and Asia by the 1980s causing universal misery and suffering of
an order of magnitude never experienced in history - a Western world with a population twice as large as
today would have conquered and taken by force the resources of Africa
and South America to ensure its own survival and standard of living - the environmental degradation we face today would have
been twice as bad and none of the protected tracts of land that have
been set aside over the past 50 years could have been saved from
desperate exploitation - there would have been no peace and prosperity and large areas of the world would have been annihilated by nuclear war As difficult as it is to admit it, we owe the depopulation lobby
our civilization’s survival and our very lives, sickened though they
are. More than this, we owe them a world order where consensus not force
rules (most times) and where the more humane tools of monetary coercion
have replaced the brutal means of military conquest. We owe them peace
and prosperity. We also owe them our innocence, for they have allowed us
to keep our hands free of blood and our consciences unburdened by
guilt.” What I have not discussed in my book is what will happen if we do not
succeed in forcing our governments and the international community to
abandon covert chemical and biological poisoning for overt legislation
as the means by which to halt and reduce the global population to a
sustainable level. THE TRAGEDY TO COME The following projections and estimates are for the next one hundred years. - two out of four women worldwide will be infertile by 2050 and three out of four by 2100 - two billion genetic lines will be terminated by 2050 and four billion by 2100 - the IQ will be lowered worldwide from an average of circa
90 today to an average of 70 by 2050 and 50 by 2100 and mental
retardation will be the norm rather than the exception - half the population will be sexually confused - half the world’s children will suffer from developmental disorders by 2050 - nine out ten people worldwide will have severely damaged
endocrine systems resulting in chronic illness in at least three
quarters of the population - life expectancy will sink from an average of 70 years today to 60 years by 2050 and 50 years by 2100. - nine out of ten males worldwide will have useless sperm Perhaps the most frightening aspect of this scenario is that hardly
anyone alive a century from now will have the intellectual capacity
necessary to grasp the immediate reality let alone the historical damage
done by the Global Depopulation Policy. What has taken Nature and God eons of evolution to perfect, man will
have destroyed in just two centuries. There is no name yet in the
criminal code of any nation to describe the affront to God and Nature
caused by the devolution of man by man that the global depopulation
policy engenders. If we want to survive as a species and as a civilization we must all
awaken to the bitter truth and confront it without fear or hesitation.
The time to change course is now, or we shall be forever lost. Those in the mainstream media who maintain the code of silence for
self-serving reasons are sacrificing the wellbeing of their children and
their children’s children for their own. May God forgive them for
their sins because their sons and daughters will not!
Kevin Galalae
After growing up in Romania, Kevin Galalae left as a teenager,
settling in Kingston, Ontario and worked as a writer and consultant in
the fields of education, art and NGOs. In 2009, while studying at a UK
university he discovered evidence of a government sponsored covert
surveillance and censorship program which he published on the internet.
He has been arrested several times, charged with a variety of offences,
bankrupted and warned to decist from such activism. In February 2012 he
fled Canada for the United States,from where he continues his activism
and is petitioning governments for political asylum.
A federal appeals court ruled that a Los Angeles
ordinance preventing homeless people from living in cars is
unconstitutionally vague and struck down the ban.
The 9th Circuit Court of Appeals said the law that banned people
living in their cars or recreational vehicles on a public street
or in a public parking lot (even overnight) is unconstitutionally
vague and encourages arbitrary or discriminatory enforcement. The
decision overturned the District Court of Appeals ruling in favor
of the city.
The ban was enacted in 1983, but faced renewed enforcement in
2010, after Los Angeles officials held a September town hall to
address complaints of homeless people living in vehicles on
streets in the Venice area of the city. City officials repeatedly
said at the meeting that the “concern was not homelessness
generally, but the illegal dumping of trash and human waste on
city streets that was endangering public health,” the
ruling
said in the factual background.
The Los Angeles Police Department then created the Venice
Homelessness Task Force, made of 21 officers to cite and arrest
people living in cars, as well as distribute information about
local shelters and social services. During their training, task
force members were told that “an individual need not be
sleeping or have slept in the vehicle to violate” the city
ban, and that the LAPD officers should look for “possessions
normally found in a home, such as food, bedding, clothing,
medicine, and basic necessities.” They were to offer a
warning for the first violation, a citation for the second and
make an arrest on the third.
In reality, the various members of the task force interpreted
their enforcement duties in different ways, making it
“incompatible with the concept of an evenhanded
administration of the law to the poor and to the rich that is
fundamental to a democratic society.” "Is it impermissible to eat food in a vehicle? Is it illegal
to keep a sleeping bag? Canned food? Books? What about speaking
on a cellphone? Or staying in the car to get out of the
rain?" Judge Harry Pregerson wrote for the panel. "These
are all actions plaintiffs were taking when arrested for
violation of the ordinance, all of which are otherwise perfectly
legal."
One of the plaintiffs in the case, Steve Jacobs-Elstein, lost his
home in 2007 and began living in his car. When he was told by a
police officer of the city’s ban in 2009, he looked up the
ordinance, and began parking at motels and other private
property.
In September 2010, he was parked on a public street in front of a
church, waiting for its food distribution program to open, when
two task force officers ordered Jacobs-Elstein out of his car,
searched it and gave him a citation. They did not give him any
information on social services. The same officers later arrested
him in October 2010. They, along with other members of the task
force, repeatedly yelled at him and searched his car over the
course of several months. It was not until January 2011 that
Jacobs-Elstein received any information on complying with the
city’s law.
“Yet Jacobs-Elstein soon discovered that this information was
not helpful to him,” the ruling said. “It provided
information only on RV parks, where Jacobs-Elstein could not park
his car, and shelters, where he could not keep his belongings
during the day.”
Jacobs-Elstein was joined by three other plaintiffs: Chris
Taylor, Patricia Warivonchik and William Cagle. In October 2010,
Taylor was issued a warning during his first interaction with the
task force. He was subsequently arrested in December 2010,
despite showing officers proof he had slept in a shelter and not
in his car. In November 2010, Warivonchik was driving the RV she
lived in to a local fair where she planned to sell artwork when
she was pulled over for not using a blinker and given a written
warning for living in the RV. Cagle was arrested in October 2010
because his van contained clothing, bedding, boxed foods, bottles
of medicine and a portable radio. When he explained to the
arresting officers that he was not sleeping in his vehicle, he
was told that sleeping is not the only criteria for violating the
ordinance.
Although the plaintiffs attempted to comply with the law,
“there appears to be nothing they can do to avoid violating
the statute short of discarding all of their possessions or their
vehicles, or leaving Los Angeles,” the ruling said.
“This broad and cryptic statute criminalizes innocent
behavior, making it impossible for citizens to know how to keep
their conduct within the pale,” Pregerson wrote in the
ruling.
The ban “is broad enough to cover any driver in Los Angeles
who eats food or transports personal belongings in his or her
vehicle,” the court said. “It appears to be applied only
to the homeless.”
Carol Sobel, the lawyer for the group of homeless people, told
KCRA that she hoped the ruling would force other cities within
the 9th Circuit to amend their statutes against sleeping in
vehicles.