PNN staff writer fights the constitionality of the “lodging” laws
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by Charles Atkins ( Post Newspaper Group) It was sad to see former UC Berkeley teacher, Ken Moshesh, facing his second charge after being arrested by a UC Berkeley officer for an October 27th “lodging” warrant. ( i.e., a warrant for sleeping or “lodging” outside) Moshesh called the POST to attend his hearing this week after he had been charged with sleeping outside the stairless porch of an abandoned boarded up structure on January 18th owned by the First Presbyterian Church. Moshesh was told that he had to appear on January 14th to see if charges had been filed, from the original incident, from which he was placed on probation, with the judge telling him that if he went back there again, the probation would restored. In an interview outside the Berkeley Municipal court house, Moshesh said, “ If I don’t sleep outside there, I’ll be sleeping outside somewhere else. Then the same scenario will continue to occur until I’m back in jail. Why should I have to continue to justify my freedom simply because I sleep outside,” said Moshesh, “I am being criminalized for my homelessness when there is no where inside to go, decent or not. Perhaps it is also because I am outspoken in words, action and went to the media about this paradoxical situation in this land of promise and plenty. Moshesh continued, “did my homelessness also strip me of my freedom of expression along with my civil rights?” This week Moshesh, who is also a staff writer for PoorNewsnetwork, was back in court with attorney Osha Neumann of Community Defense Inc, POOR Magazine editorial staff, and representatives from B.O.S.S., asking for permission to file a demurrer to the petition to revoke his probation. The case has once again been given another date, with the Public Defender saying that he doubts Moshesh will be sent to jail. Moshesh and his attorney would like to have the #647 statute defined so human beings are not criminalized for being homeless, on the grounds that it is a violation of human rights to penalize people for being poor. Neumann said Moshesh is one of the rare individuals who clearly understands the predicament of the homeless, and is willing to fight to get the state statute changed. In a workshop last December, Berkeley Police Chief Dashchel Butler, while addressing the relationship between police and homeless people said “homelessness is a societal problem that cannot and should not be dealt with by police. He further said that police should be of aid to the homeless population by providing referrals to social services. Although Berkeley police are considered much more humane than most in the Bay Area, reality is that they too have shown what some say is an appalling disregard for human life and dignity, as well as what some say is abuse of human rights of the home- less people. As a Participant Observer and Staff writer at POOR Magazine, Ken Moshesh, Community Defense Inc. and POOR staff in coalition with several other civil rights and economic justice organizations such as BOSS, Street Spirit, Coalition on Homelessness, Women’s Economic Agenda Project, and Copwatch are attempting to overturn the existent “lodging” laws, i.e., the laws that facilitate the criminalization of poverty and homelessness in the U.S. based on their unconstitutionality. For more on this story, read Ken’s stories; Arrested Artistry and Arrested Artistry II; The Set-up Continues on www.poornewsnetwork.org/index If you are interested in getting involved in this effort, please contact POOR at ( 415) 863-6306. or email poormag@sirius.com |