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by Alison VanDeursen
The opening shot is of a narrow, rocky San Francisco Bay beach. The sky
is grey; the low, rolling waves fall into the shore, scattering gulls.
Then a cut to the back of a woman watching the beach, and my own voice
wonders aloud, "Where did all the birds go?"
Yes, my voice. I had the honor of participating in Ken Moshesh's artistic
documentary "Just Trying to Sleep," and I now have the pleasure of
introducing it to the readers of POOR. I learned more about Ken Moshesh
and his groundbreaking court case by watching his video. And, I want you
to know, by knowing and working with Ken Moshesh, I have learned more
about my self.
"Where did all the birds go?" rang to us as an accidental but apt metaphor
for the subject of this video: homeless people of the Bay Area and of the
entire nation. When the night falls, where do homeless people go to
sleep? And what happens to them there?
What has happened to Ken Moshesh in Berkeley are citations,
criminalization, and incarceration. He spent five days in jail for the
"crime" of sleeping outside, and faces 45 days for "violating" his
probation- i.e., sleeping outside again. (Where else can he sleep? The
shelters are full!) He has been banned from the campus of UC Berkeley,
where he once taught and where he now produces his award-winning videos.
["Endangering the Species", Excellence in Ethnography award, Berkeley Film Festival, 2000].
The "crime" Moshesh is being charged with is called 647j. It is
erroneously known as the "Lodging Law," and it targets those who "set up
lodgings" illegally. One fundamental problem with this law, as outlined
by Moshesh and attorney Osha Neumann in the video, is that "lodging" is a
vague term. What it means to "lodge" has never been defined. Thus, this
law violates the constitutional right to due process. As Neumann says,
"If you can't tell what the crime is," then how can you be prosecuted for
it?
One thing is undeniably true: sleeping is not a crime. It is a fundamental
human right, let alone a biological need. Moshesh refuses to be bullied by a compassionless and unjust system, andis challenging the constitutionality of the Berekeley law. Read: This is huge, folks. This is history.
The video highlights the words of some of the major activists in Berkeley
and the Bay Area, expressing their opinions about homelessness policy in
general and Ken's case in particular. It is controversial, as my friend
Dave and I watched the video and spent an hour debating what a "basic
human right" really is. It is artistic, and my roommate Jonathan, himself
a documentary filmmaker, found its creativity refreshing. There are lots
of unusual camera angles- those are my green Converse shot against the
levee! In my mind, the many shots of shoes and cold, hard ground suggest
the struggle of homeless folks. This may not be a slick production, but
it is originally crafted and thought-provoking.
Perhaps my favorite scene in the video is that of Ken playing drums by the
beach, the audio overlapping shots of Ken convincing Greg Syren, the
Public Defender, why this case is so important. The beats are throbbing,
quick, and unrelenting, both peaceful music and a battle cry. This is Ken
Moshesh: articulate spokesman for homeless folks within the Berkeley
courthouse, and an intense musician inspired by our natural environment.
Ken Moshesh, staff writer and poet for POOR Magazine and www.poornewsnetwork.org is also a filmmaker, musician, a poet, orator, and
activist. He is also homeless. He is also a wonderful person with a
generous heart and a teacher's spirit. Ken has encouraged me to explore
and push beyond my own artistic boundaries, and though I cringe a bit
hearing my voice reciting his beautiful poetry- and singing(!)- I am proud
to have been a part of this project- and he won't let me rest! Ken Moshesh
is a peaceful and inspirational soul and artist, and it would be a true
crime were he to be incarcerated again for "Just Trying to Sleep."
Check out this powerful piece on
Berkeley Public Access Channel 25!!! as well it is available by writing to Po'Products c/o POOR Magazine 255 9th street SF, Ca 94103 |
