Story Archives

pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/423/photo_1_supplement.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby A Faye Hicks/p pbr /My name is A Faye/p pbr /I am a Lady of the Shelters.br / br /I am a student and teacher of Life/p pbr /In Indoor shelter living and Outdoor cardboard shelter livingbr / br /I have met Hundreds of Peoplebr / br /Most with Tragic Stories.br / br /Jailhouse, Sickness..........Mental and Physical/p pbr /I am all alonebr / br /Yet not alone!/p pbr /Sheltered in the Wings of Heaven!!!!/p p/p/td/tr/td/tr/table/div/p

pstrongOakland’s New Rent Proposal Being Questioned/strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/393/photo_1_supplement.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Lynda Carson/p pJuly 2, 2001/p pOakland, CA–Oakland’s rent program has become more complicated because city officials refuse to either sign off on a Just Cause evictions measure or create a rent registration program that would enhance rent control laws. Making matters worse, Oakland’s tenant activists have proven to be poor negotiators when it comes down to hard-boiled negotiations with the landlord lobby and City officials. /p pSome say that renters took a huge loss recently after recent negotiations that took place at the behest of Councilman (Tricky) Dick Spees, of the Montclair District. Others wonder why tenant activists joined withbr / the notorious Councilman Spees, who is Mr. Anti-Tenants’ Rights in the City of Oakland, and signed off on proposals that will now dearly cost the majority of Oakland renters for years to come. /p pRecent news articles in the iOakland Tribune/i, and the iSF Chronicle/i speak glowingly of the new proposals that are meant to strengthen Oakland’s rent laws. The articles speak of a new rent program that will have a $1.5 million dollar budget for new staff, along with a new mediation program meant to speed up the process. This actually means the introduction of a 2-tiered system into the existing rent program; its second tier will have its own budget of $100 thousand per year to assist those in need. /p pMany feel that Oakland’s tenant activists were duped by Councilman (Tricky) Dick Spees, into signing off on these proposals that may cost Oakland renters a bundle of money in the long run, speed up rentbr / increases, and do little to protect tenants from landlords who evict for profit. Before the recent agreement, renters had access to the rent program for a mere $15 filing fee that would allow them to challenge rent increases. Renters still have to pay the $15 filing fee to file a petition, but now they also have to contribute to the $1.5 million cost increase by an annual fee of $24. The cost of the annual fee is to be split among landlords and tenants, but experience has revealed that in Oakland, landlords tend to pass along extra costs to their renters in one way or another./p pThe new $1.5 million budget is to be paid for by the new annual fees, and is meant to cover expenses for four new employees, and a new full-time attorney. Those must be some very high-priced folks to suck up all of that money (it's estimated that more than half of Oaklanders earn less than $35 thousand per year). The current program has eight staff on board, and three of those positions were funded for a year. All the new proposals are to go into effect January 1, 2002. According to sources, funding for the existing rent program came from several city agencies that chipped in to cover expenses./p pSo what’s going on in the realm of Oakland’s rent control that the papers have been overlooking? How much is hype? How much is real? For those who like numbers, here’s the deal. Oakland, founded in 1850, has a population of around 372,242. There are approximately 154,737 families. About 65 percent of Oaklanders are renters. That’s well over 200,000 renters. Out of over 200,000 renters in Oakland, only 325 renters filed petitions with the rent program during the first half of this year, a very small percentage of the renters who should be using this much needed program. Another 325 petitions are expected to be filed during the rest of this year, bringing the total petitions filed to around 650 for the year 2001. With a new $1.5 million dollar budget, and assuming the number of petitions filed this year remained the same for 2002, it wouldbr / average around $2,300 per person to go through the process with the newbr / rent program. This does not include the additional $100,000 to be included for the new mediation program being established. Past budgets for the rentbr / program have not yet been obtained, but for certain it only cost rentersbr / $15 to file a petition in past years. /p pAllegations are that the tenant activists did not know what they were doingbr / when invited to join the taskforce created by Councilman Spees, who isbr / known as a shill for the landlord lobby. Questions arise as to what wasbr / actually being negotiated. Further allegations are that there was no number crunching being done before the activists signed off on the proposals; for example, the $24 fee was based upon how many rental units and renters will fund the $1.5 million budget for the new proposed rent program. Since rent registration is not in place, no one really knows how many units are affected by Oakland’s rent control laws, and therefore the question arises as to who pays or does not pay. Why sign off on something affecting hundreds of thousands of renters if you do not know what the numbers are? What we do know is that Oakland has around 85,000 units, and if you multiply that times $24 the figure comes to $2,040,000. /p pWithout rent registration, tenant activists lacked some solid numbers to base their decision upon when signing off on the proposals. This means that these negotiations were flawed from the get go and not negotiated in good faith by the City of Oakland or the landlords controlling this town. A lot of guess work was going on. In addition, many units have more than one renter, and at times, numerous contracts. Some already wonder if certain units will be charged double or triple what others are charged due to multiple contracts. The devil may be in the details./p pMany questions are being asked, about this and the new proposed CPI formula of setting allowable annual rent increases, which are currently set by the City Council each year. Currently the annual rate of rent increases are set at three percent, but may jump to six percent or more once the new formula is set up and locked into place. During the past two years tenant activists did well to keep the annual rent increases at 3 percent. With the new formula to be put in place renters will not be allowed to challenge future annual rent increases. /p pDue to the lack of number crunching by tenant activists, renters do not know how the new CPI formula will affect rents down the road and whether increases or decreases in rent lie in store for them. This was all rushed through very quickly, though tenant activist James Vann claims that these hasty changes are a step in the right direction, according to a June 27, 2001 article in the iSF Chronicle/i. /p pRegardless of whether what has occurred is good or bad for Oakland renters, the new CPI formula was something the landlord lobby wanted very badly. For low-income renters already reeling from the extreme rent hikes of the last few years and exorbitant utility rate hikes during the past six months, these new proposals add another burden on top of existing ones. When so many are to pay for a program that is used by so few, it certainly makes one wonder what the tenant activists actually expect from this new $1.5 million dollar rent program. One can only wonder why tenant activists of Oakland signed off on so many give-aways to the landlords. As renters face the future rent increases, City officials and landlords will be able to blame the activists for signing off on the proposals and deflect the heat from themselves during upcoming elections./p pWhat do renters get out of this? They’re being told that under the newbr / program, landlords who evict must file the new rent level with the Citybr / within 30 days of renting the unit. If a landlord is found to have violatedbr / the law, he or she must pay $1,000 plus two months of the market-rate rentbr / for the unit to the displaced (evicted) tenant as relocation assistance.br / This may sound good on paper, but some sound figures paint a very different picture, particularly as there is no plan as to how to find the evicted renters. /p pUnless the new renter who replaced the evicted renter files a petition with the rent board claiming their rents were unlawfully high, no one will ever know if the landlord raised the rents beyond the lawful limits. Considering that last year out of over 200,000 renters in Oakland, only 458 filed petitions at the rent program, landlords have little to fear when breaking Oakland’s rent control laws. The odds of finding any or all of thebr / evicted renters scattered to the 4 corners of the Earth, make this all abr / very daunting quest indeed. Oakland’s 2-year moratorium on rent increases, after certain types of evictions, has yet to snag even one landlord for prosecution during it’s nearly one year of existence, one example of how this system works. It doesn’t! /p pRenters are now being asked to give up a huge amount of money for a system that is avoiding the rent registration needed to make these new proposals effective. The rent program is still effective in fighting rent increases, but as for tracking down evicted renters tossed out into the streets, it appears that tenant activists were taken by Councilman (Tricky) Dick Spees all of the way to the cleaners on this one. /p pThe Oakland rent board hears petitions from tenants who believe a rentbr / increase is above the allowable amount, and from landlords who want to petition for amounts higher than what's allowed by law. About 95 percent of petitions are from tenants complaining they are being charged increases over the allowable rate. Renters that file a petition "STOP" rent increases from occurring until a decision is made as to whether it’s legal or not. It may take six months or more to get through the process. Oakland has a 3 percent cap on annual rent increases. Most money hungry landlords claim that the three percent cap on rent increases isn’t realistic and allows them to barely generate a profit. /p pDespite these claims, during the last few years rents in Oakland have shot up to the moon. No landlords have been prosecuted for ignoring the two year moratorium on rent increases after certain types ofbr / evictions. The new proposal adds to the burden of high rents already set in place. The way the system works is that landlords raise the rents as high as they want and often intimidate or threaten retaliation to keep renters from filing a petition to challenge the unlawful rent increases. Even the unlawful rent increases go into effect if the renter does not file a petition to challenge it, and the increase gets locked into place after 30 days. /p pAmong the few good things in the new proposals agreed upon, is that tenants would have 75 days to file a complaint after they receive notice of a rent increase. Until all this is sorted out and comes into effect on January 1, 2002 it would not hurt to stick with the old plan, as the details have not been worked out on most of the recent proposals./p pA recent history of rent program petitions follows: Petitions filed to bebr / heard by the rent board amounted to 199 petitions in 1998, 220 petitions inbr / 1999, 458 petitions in 2000, and during the first half of 2001, there werebr / 325 petitions filed. Because of the new agreement pushed for by (Tricky)br / Dick Spees and signed by tenant activists, renters who choose to file a petition may be pressured to avoid the normal process when they try to file the petition, and be diverted instead to the mediation program. Tenants need beware, and choose very carefully. Rent increases may occur faster in the mediation program, and obviously rent increases may occur more slowly if you go the traditional route. Let this be your choice. /p pMany question why there needs to be a mediation program that will cost Oaklanders an extra $100,000. Mediation Forums that are open to the public and available to renters and landlords in Oakland already exist.br / Placing the mediation program directly in the rent program seems to be anbr / effort to divert renters away from the rent board that already determinesbr / what is legal or not. This new program may not be in the best interestbr / of renters. It’s supposed to cost an extra $100,000 and may produce decisions of mediation that may or may not be legal at all. Go figure.... /p pBecause the new mediation program being created by (Tricky) Dick Spees may be quite controversial for those lured into it while filing their petitions when fighting rent increases, it would do renters no harm to avoid this new two-tiered system. The old way works just fine where the rent board members are a resource, unlike the new hearing officers awaiting all of those that may be diverted away from the rent board./p pUntil rent registration is put into effect, most of the above mentionedbr / proposals are highly suspect in terms of being effective ways to stop unlawful rent increases, or in providing restitution to people who may have moved far away. Until a Just Cause Ordinance is born in Oakland, landlords shall continue to evict for profit. Last year Just Cause came very close to becoming a reality in Oakland, but due to clerical errors it failed to pass. A hard lesson to learn for all who worked so hard to get the Just Cause Initiative on the ballot. Perhaps the future holds a path that Oakland renters can follow to free themselves from the bondage of a brutal system that is known as the EVICTION FOR PROFIT SYSTEM.br / /p/td/tr/td/tr/table/div/p

pstrongibReViewSforTheRevOluTiOn/b A PNN column for all your literary,visual and audio art needs../i/strong/p p/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/394/photo_2_supplement.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby George Tirado /p pIf you don't know that 175 Progress Drive isbr / death row, then you would never know that Mumia Abubr / Jamal lives there . If you don't know his storybr / it is simple. Mumia was convicted in 1982 of thebr / killing of Dan Falkner a Philadelphia cop in a trialbr / that was mostly fiction. He was convicted, and givenbr / the strongest possible sentence; Death. /p pAs Assatta Shakur puts it early on the CD."I understood why thebr / United States government wants to put him to death,br / Why because it is simple, he is dangerous to every mindbr / closed to change, to a racist government that hasbr / taken from him his first amendment right to freebr / speech, his family, and if they had their way, hisbr / life./p pEvery piece on this CD, is a voice screaming tobr / be heard whether it is spoken word by Marc Bamuthibr / Joseph talking about gun shots in "All I Hear",. tobr / Michael Franti who reads "Manhood" , to Martin Espadabr / reading "Another Nameless Prostitute says the man isbr / Innocent" It is the pain I feel that is shown herebr / people crying out one way or another for Justice./p p But what I find comforting is the fact thatbr / actors, rap and rock stars would put their ownbr / reputations on the line for this man, why because hisbr / voice is so comforting./p pThere's something about this CD. so that when youbr / have heard enough there still is more, and I findbr / myself staring off cringing and frightened from what I*mbr / hearing. How prison officials move a death rowbr / prisoner, Dan Hill, to a cell block in a city prison whichbr / happens to house the man who killed his daughter.br / Hoping one will kill the other for sport, or how lawyersbr / tell their own clients they don’t like them and eitherbr / because of drugs or alcohol fall asleep in court and pay no attention to their clients.br / Even in court case*s dealing with the death penalty./p p Mumia is a social conscience here to reeducate usbr / and reverse what corporate American media has done tobr / us. His is the still voice in the storm of Racism loudbr / enough to start a social conscience in the communitybr / of color that has not been seen in years since thebr / 60’s./p p If it were up to me I would send a copy of thisbr / CD. To the board of Education in Oakland to Mayorbr / Jerry Brown and the rest of the people who feel Mumiabr / is not enough of a hero to speak to our kids graduatingbr / from high school. Would they rather have our kids lookbr / up to dope dealers, racists or something worse,br / politicians ?. This man needs to be free. /p p/p/td/tr/td/tr/table/div/p

pstrongIndian rights activists and artists gathered at two events this week to honor Leonard Peltier and provide their perspective of what transpired at Pine Ridge Indian Reservation on June 26, 1975. /strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/395/photo_1_feature.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Kaponda/p pVapors from the sweet grass streamed through the scant light in the Mission Cultural Center for Latin Arts into the presence of the 300 single-heartedly multiracial souls in the audience. The keepers of the drums, All Nations Singers, strummed prayers that resonated beyond the circle of humanity into the sublimity of the Spirit of the Creator. The vapors were ushered to the four corners to root out the evil spirits and create a sacred atmosphere to observe the 26th Anniversary of the incident at Oglala and pay tribute to a great spirit-warrior, Leonard Peltier./p pWhile Vietnam fought against American military aggression in Southeast Asia and scores of countries in Africa were extricated from the tyranny they suffered during centuries of colonial imperialism, there were also battles being waged against civil, human and National rights in America between 1965 and 1975. In addition to the deaths of Dr. Martin Luther King, Jr. and Robert F. Kennedy, at least one member of every African-American household was a casualty in the battle for equality at that time./p pAlso, in 1973, in South Dakota, another struggle for liberty was in progress. While the Black Movement fought for civil rights, the American Indian Movement had launched a campaign for National rights. That campaign was linked to every race, nation and continent that fought against the forces of aggression. And, like so many other civil rights struggles, the price of freedom for the American Indians in South Dakota was meted out in blood. Leonard Peltier was a casualty of that struggle and has been a political prisoner of war for over 25 years. He is currently in Leavenworth Penitentiary in Leavenworth, Kansas./p pIn 1973, there was a "reign of terror created by the Federal Bureau of Investigation (FBI), the United States Marshals and other law enforcement agencies in the area on the Pine Ridge Indian Reservation," stated Bill Means of the Oglala Lakota Nation in South Dakota, who also serves as President of the Board of Directors of the International Indian Treaty Council, the political arm of the American Indian Movement./p p"Agents of the FBI dragged our people out of their cars and made them get face down on the ground, under the pretext that they were in pursuit of weapons and fugitives. They even dragged people out of their houses and ransacked the houses," continued Bill Means, who owns the Indigenous Trading Company, which trades in agriculture and textile with Indians throughout the Western Hemisphere./p pIn 1973, safety was a commodity that could not be obtained on the Pine Ridge Indian Reservation in South Dakota. "There was a paramilitary group sanctioned by the FBI known as the goon squad that did drive-by shootings and harassed people sympathetic to the Movement," concluded the brother of the legendary Russell Means./p pAs a result of months of harassment and the siege by FBI and law enforcement agencies, activists came to Pine Ridge Indian Reservation to monitor FBI activities and protect and preserve the American Indian Movement. One of the activists who came to Pine Ridge Indian Reservation was Leonard Peltier./p p"One June 26, 1975, FBI agents converged on Indian homes looking for a Jimmy Eagle, who, according to agents of the FBI, had stolen a pair of cowboy boots. So, they broke down doors on the Reservation in search of Jimmy Eagle," stated Floyd Red Crow Westerman, the Minister of Culture of the American Indian Movement (AIM)./p pThe FBI agents came to the home of Grandma and Grandpa Jumping Bull. Leonard Peltier and the other activists who had come to monitor the activity of the FBI were camped near the home of the Jumping Bulls. The agents served a warrant in the name of Jimmy Eagle, who was not even in the state of South Dakota during that time, at the home of the Jumping Bulls. When the warrant was served, a firefight ensued and two FBI agents were killed," stated Westerman./p pTwo Indian brothers were initially charged with the murder but were acquitted on the grounds of self defense by a white jury of farmers and ranchers in Cedar Rapids, Iowa. After FBI agents came up empty and had no suspects in the deaths of their comrades, they extradited Leonard Peltier back to South Dakota. Leonard Peltier was tried in Fargo, North Dakota and convicted of aiding and abetting in the deaths of the two FBI agents. He was given two life sentences to be served consecutively. He has been incarcerated for over 25 years./p pSpeaker after speaker at the Mission Cultural Center provided their perspective of what transpired at Pine Ridge Indian Reservation on June 26, 1975. Not one speaker neglected to mention the 6,000 classified documents that were germane to the case of Leonard Peltier and essential for a fair and impartial trial but were withheld by FBI agents during his trial. Each speaker at the event also urged members of the audience to contact their Congressional representatives and ask them to demand the release of the documents, and also demand that the documents be admitted as evidence so that Peltier also may receive the due process guaranteed under the United States Constitution./p p"What we are trying to do here tonight is to bring attention to those 6,000 pages of documents," stated Bill Means. "There are many, many issues of fabricated evidence and people made to testify under duress during the trial of Leonard Peltier. There was evidence withheld and documents altered. In addition, the jury and/or court never did deal with the actual evidence. These issues have never been dealt with by the courts. Leonard Peltier has exhausted all judicial remedies for freedom. His case has been before the Supreme Court three times. Leonard Peltier is a political prisoner, and it will take a political action to get him out of prison. We maintain that not only was the evidence clearly in favor of Peltier, but there is still over 6,000 documents that have never been turned over to the authorities regarding this case. Similar to [the FBI withholding documents from the defense of] Timothy McVeigh," stated an agitated Means./p pIn the case of Timothy McVeigh, the FBI insisted and the justices concurred that the evidence would not have affected the disposition of the case. Did Bill Means reference to Timothy McVeigh suggest that the documents withheld by the FBI in the trial of Leonard Peltier could have led to a lesser sentence than two consecutive life sentences?/p p"I think that the documents would clearly show that the FBI first of all had a very calculated campaign against the American Indian Movement to destroy the Movement. I think there is a lot of evidence that would show that there is other evidence that was available that was not used at the trial. And, so, I think that Peltier should, at the very least, be given a new trial based on this new evidence," Means answered in response to the question./p pThere are many people being released from prisons based on evidence such as DNA. For example, in Pennsylvania the defense for Mumia Abu-Jamal stated that they have compelling evidence as well as a declaration from the person who actually pulled the trigger of the gun that was used in the murder of a Philadelphia police officer. I asked Bill Means if he were implying that the evidence contained in the 6,000 pages of documents carried enough weight to prove Leonard Peltier's innocence?/p p"I am not implying," stated Means. "We are saying that Leonard Peltier is definitely innocent. We've maintained that all along. They simply do not have the evidence to convict him. There are many different issues with regard to scientific evidence on the murder weapon that was allegedly found in Kansas, and later to be found that it was impossible for that weapon to have been used as the murder weapon. So, there are a lot of these issues that never came out in the trial that we say are very relevant and could have, in fact, proved what we have maintained all along - that Leonard Peltier is innocent./p pAs the crowd swelled at the Multicultural Center on that Tuesday, June 26, 2001, there were others who had followed the man who Amnesty International referred to as "the most obvious political prisoner in the United States" and also were convinced that he was used as a political scapegoat by the FBI, especially since the FBI had admitted that there was never any evidence that pointed to the person or persons who pulled the trigger of the rifle or rifles that killed the two agents./p p"Most of us who are Indians consider Leonard Peltier our friend and brother," stated the swarthy Lawrence Kiva Greywolf, of the Cree and Arawak Nations. One of the reasons why it is important for me to show up tonight is because a lot of people have also followed Leonard Peltier and understand his situation," concluded Greywolf whose blood consists primarily of African American and Native American ancestry./p pThere are over 350 federally recognized Native American Indigenous tribes in the Continental United States and each tribe has its unique tradition as to its "Way of Life."/p p"When I was a toddler in the White Mountains of Arizona, I began playing the hand drum," stated Silent Thunder Tessier, of the White Mountain Apache tribe with some Navajo blood. "I do the traditional hand drum and the pow wow drum. In order to understand our songs, a person has to know the language and tradition of the tribe," stated Silent Thunder, one of the five drummers who sat in the inner circle of the pow wow and delivered the songs that enchanted the spirits on that evening./p p"The fate of Leonard Peltier is now in your hands," stated Bill Means, as he continued to urge the audience to began a letter and telephone campaign to their Congressional representatives. "We are the Court of last resort."/p piPoor News Network received input on this article from Russell Redner of the Northern California American Indian Movement. Mr. Redner suggested that Poor News Network should mentioned Nilak Butler. Nilak Butler was on the Jumping Bulls Compound during the fire fight with FBI agents on the night of June 26, 1975, and conveyed the story firsthand at the event on June 26, 2001./i/p pIn addition, Mr. Redner reminded Poor News Network that Joe Stuntz, an American Indian at Jumping Bulls on that day, was killed during the fire fight./p pOther speakers at the event on June 26, 2001, included Russell Redner who was also at Wounded Knee./p pMickey Gimmel, an original member of Alcatraz, and Tony Gonzales, NGO representative, organized helped to organize this important event.br / /p/td/tr/td/tr/table/div/p

pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby PNN staff/p pWelfare ‘reform is now up for reauthorization in Congress. It has dismantled welfare and puts forward that caring for your own children has no value. It is low-waged recruitment, forcing mothers into a low-waged work. Welfare ‘reform’ promotes racism. As the majority of those on welfare shifted from white to women and children of color, benefits have been cut and time limits established. Mothers and their children will be left with nothing when the clock stops on their 60-month lifetime limit to receiving benefits. Welfare ‘reform’ also negates the caring work of older women, immigrant women, people with disabilities, lesbian women and has resulted in mothers being crimi- lized and a widening wage gap between women and men. Join mothers and other care’s, in a Speak Out for welfare as a care’s right, and for the value of the work mothers do to be reflected in welfare benefits. Press government to pay for caring instead of killing. Results of the Dialogue will be submitted to Congress as testimony. Let your voice be heard. Wheelchair accessible; Spanish translation; refreshments; Thursday, July 19 at 6:30pm. Crossroads Women’s Center, 333 Valencia St. Room 350, SF. Wheelchair accessible, Spanish translation, refreshments. Call ahead for child- care. Contact (415) 626-4114. Called by the Every Mother is a Working Mother Network./p/td/tr/td/tr/table/div/p

pstrong pbbr /Do ‘You think new lifebr / saving medical science willbr / suddenly be in vogue or stoppedbr / by the Fundamentalist Religious Rightbr / now in office?/bbr / /p/strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Joe. B/p pIndependence Day is over, America’s in a slight recession, br /soldiers die in mock war games, air and ground accidents, or friendly fire. /p pThey are the best trained troops, who at a moments notice from raw recruit, private to second lieutenant can take over leadership roles in crisis situations. /p pOn the homefront people lose jobs as employerbr / loyalty to employee at most places of employment are “bottom line” issues creating job quakes all over the country./p pThe good side is employees do not have to stay glued to low wage - dead end, soul shrinkingbr /emotion numbing work we’re free to follow other paths otherbr / than company/corporate mandates and rules./p pAmerica has had a few hard knocks but we’re rough, tough and can take it - however the b“The Unknown Country”/bcalls us and its hard to realize that we may knowbr / the true meaning is making that unknown country easier to choose./p pLast Monday a “The AbioCor” b[Mechanical Heart]/bwas implanted in some 50ish middle aged guy who's heart is about to pump its last mile in his chest. /pp Titanium ‘n steel, plastic and wireless with non of Barney Clark’s long, painful, suspended death./p p The Seattle Dentist 112 days with the implanted Jarvic-7 artificial heart on Dec. 2, 1982./p pThere are other recipients living longer than Mr. Clark but I remember seeing the J-7 heart pumping even after Clark had died./p pThen I’m thinking ‘Cardiac Cheney’ supposedly in rude health afterbr / the pacemaker [defibrillator] with its jolting shocks in case br /“Titanium Dick’s” heart races too high or low./p pIsn’t it good to know that our technology marches on to keepbr / our strong, determined, feline-smiling, tough, indestructible, selected Vice ‘Prez alive and healthy?br / br /Wait! having a mechanical thing no matter how perfect can never replace the original red/blue veined human pump of life.br / br / Though stem cells can be used to create a younger, healthier, heart br /that have no rejection problems since its a clone br /of the original and errors that made his original heart prone br / to attacks are corrected so ‘Chompin Cheney” will be able to speed through his duties./p pBut if Vice ‘Prez Cheney knew for sure his flesh heart would /pp fail in a few months while a new gleaming one of Titanium br /and plastic would keep him alive for another 30 - 40 years would he take the chance, would we?/p pWhy is it that black folks are in bBlock TV/b br /that is like Monday, Thursday, and Sunday UPN - WB prime times shows./p pI like some of the shows but it seems networks place br /black or “ethnic” shows not spread among other shows but br / so close to each other that to me it looks to be br /planned in such a way that if one show gets canceled thebr / block of shows before, after, or in the middle suffer./p pIf I sound paranoid, look at the WB-Channel 20 or UPN-Channel 44./p pI’d like a diversity rainbow through out the networksbr / not this white or block of shows segregated./p pAn how about sitcom and drama stars from widely divergent series./p pFor example Ice-T of Homicide and Jeri Ryan-7 of 9 [Voyager] switch showsbr /br / by accidental time/dimensional rift as both Ryan and T br /switch sets for while then return./p pIt could be the new “Switch Blade” br /and “Enterprise” with past and future merging on each others show./p p Get what I’m saying, more unexpected changes,br /shake up the networks and ourselves out of their normal phasebr /when its get dull do it again until all the networks play the game./p pPlease donate what can to Poor Magazine orbr / br / C/0 br /Ask Joe at 255 9th St. Street,br / br /San Francisco, CA. 94103 USA/p pbr /For Joe only my snail mail:br / br /PO Box 1230 #645br / br /Market St. Sanbr / br /Francisco, CA 94102br / br /Emailbr / a href="mailto:askjoe@poormagazine.org"askjoe@poormagazine.org/abr / /p/td/tr/td/tr/table/div/p

pstrongThe newest form economic and racial cleansing in San Francisco is promoted by the mainstream media./strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/401/photo_1_supplement.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Tiny (aka Lisa Gray-Garcia)/p p“Hey Tiny …Wassup – how ya Doin?” I was walking down Market Street from Eighth Street. The sun was peeking out from its delicate veil of semi-tropical clouds. Bits of its yellow sheen glistened on the newly washed cement of the wide sidewalk. When I heard that distinctive singsong rasp I knew it had to be Jonny Martinez, a homeless vet and staff writer for POOR Magazine who was sitting at a outdoor deli café drinking his morning latte, all $2.00 of it./p p“Hey Wassup Jonny? I’m great, how are you?- ”I answered. /p p“Oh you know me and my demons… the usual”…he paused to look down “but it is a beeeeuuutiful morning – isn’t it?”/p p“Fo Sho ..Fo Sho…” I replied using my favorite language, “So Jonny, are we gonna see you at the newsroom this week…I sure hope so”/p pBefore he could answer me Mohammed Mihoo* came out of his deli/café and brought Jonny a toasted bagel” “Thank-you Mohammed, you are the best COOK!!” Jonny squealed in delight/p pMohammed chuckled and went back in to his store./p p“I’ll leave you to your breakfast -bye for now jonny”/p p“Bye – and yes you’ll see me this week” he assured me./p p“Hey gurrrlll wassup” – a young African-American man in the best do-rags and FUBU gear was winking at a passing girlfriend- /p p I decided to stop by and say hi to my friend who lived in The San Cristina Hotel – a Single Room Occupancy Hotel run by Community Housing Partnership right in the heart of the Mid-Market area. I walked carefully past an elderly Asian man who was meticulously sweeping the entrance – pausing to repeat one section until it was spotless and dustless./p pAs I walked out of the building a few hours later it had become “day” in its fullest form- people filled every corner of my horizon. This was my community; old, young, disabled, Asian, African-American, White, Native American, Latino, homeless and yuppie – walking places- walking nowhere, hanging out, flirting, sparechanging, dealing, talking yelling, this was life- life without borders – filled with pathology, sadness, joy, vice, sex, sounds, colors, voices, in essence, LIFE, in all its incarnations- my life – my hood, the T.L.(Tenderloin) –one of the last remaining ungentrified eight blocks of San Francisco. /p pFor the last three months The San Francisco Examiner has been running a series on its front page entitled;bThe Mess on Market Street /b–which referred to the Mid-Market neighborhood of San Francisco. The series is part of a well-crafted propaganda campaign in support of the upcoming gentrification-Sweep- New York Style that the Mid-Market Redevelopment Project Area Committee is planning, modeled after the newest embodiment of economic and racial cleansing in the U.S.; The Business Improvement Districts (B.I.D.’s) The BIDs were established over the last ten years by a collective of corporate and private business interests whose main aim is to “sweep” panhandlers, vendors, artists, street newspaper vendors and other micro-businesses owners out of downtown business districts across the US by bypassing the police departments and hiring private security firms to “patrol” these districts.The BIDS are hailed as a triumphant success by Mayor Rudolph Giuliani./p pI was warned once by a respected mentor and veteran of the “American Sweep Wars” that whenever a hygienic metaphor is used to describe human beings you need to watch out, because that means they are saying that the only way to deal with the “MESS” is to get rid of it – i.e., that the unsightly humans are in fact the “Mess” and that the SWEEP notion must be employed. Once the “Mess” is established the “clean-up crew” must be called in, in the form of increased police, and/or more private security forces such as the ones hired by the BIDS in Times Square in New York and Union Square in San Francisco, arresting homeless people, calling young folks “loiterers” and issuing tickets, hot dog vendors and street artists being cited, and shut down, outdoor activities such as chess, Congo drums and other street performers, cited and arrested. Sex shops closed and all small business owners getting 100-200% increases in their rent and losing their leases./p pHow was this culture of “cleanliness” established in the US? The notion that if anything is not like the GAP model – it is not CLEAN- it is not desirable- it is part of something we have to get rid of./p pThis week in the Examiner series we were introduced to the person who single-handedly “cleaned up” TIMES SQUARE under the mantle of New York’s Business Improvement District – and as she sat there in all her middle class GAP-like glory – she even conceded that some of the “Life” was gone from Times Square after her clean-up efforts, but oh well…. That’s part of improvement –/p pBe warned as you read these mainstream media “exposes” folks – life is a multitude of things and beauty comes in many incarnations and just cause you push all the last remaining poor folks out of sight – we won’t go away, our problems won’t be solved and in the end, you the citizens, walking through all the “cleaned” streets won’t be happy, cause you will realize you are bored out of your mind – and if you wanted CLEAN you could have gone to Disneyland /p pbSTOP THE MID-MARKET B.I.D.!! For more information call POOR at (415) 863-6306/bbr / /p/td/tr/td/tr/table/div/p

pstrong /strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/403/photo_1_supplement.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Andres Hernandez /p pHere we are once again celebrating the Fourth of July and I am in receipt of a letter from my representative, Rod Blagojevich (D-IL). I wrote him recently about an amendment that passed in the 106th Congress that protects the U. S. flag from desecration, one I oppose from the viewpoints of both a veteran and citizen. Of course, the Congressman wrote how ìthousands upon thousands put their lives at risk to protect our freedomsÖthis is one way that their sacrifice should be honored.î/p pHow shocking, I thought, and how inappropriate that given the July 4th celebration I am lectured about the ìrespect and reverence for the Constitution.î Imagine today if Paine, Jefferson or Madison were alive how they would be treated as ìenemies of the stateî for speaking about individual rights, respect for the law, the need to agitate for change. Was this what they had envisioned centuries ago, that we would reduce ourselves to such narrow-sighted arguments?/p pWhat do many of our elected officials know about sacrifice? They inherited a political system of privilege won by a group of white, wealthy men from a privileged class who fought an unpopular civil war against a monarchy that wanted them to share the cost of protecting their privilege from enemies. In short, this minority won the right not to tax themselves by having the less privileged fight their bloody battles./p pAs time moved along, many were duped into taking up arms for the privileged elite in this country, to wipe out the people from the Indigenous Nations who were fighting off a foreign invasion, to protect a system of slavery, to keep down slave rebellions, union strikes and popular protests. At times they were called to duty to harass socialists, immigrants, leftists, anarchists, communists, community activists and labor and civil rights organizers. Others were called to duty to fight unjust wars of aggression and imperialism. These are the proud thousands who made the sacrifice. And I was one little cog in the big wheel of the military machinery./p pMy sacrifice was not intentional. It was not by choice. It was because I had no other options, like many thousands upon thousands. Many were conscripted, recruited forcefully, or made their way into the ranks through the poverty draft, as was my case. Many went because they were duped into believing we were fighting for god, country and flag, only to learn the truth after the fact. Many went because they were duped into believing that veterans would reap great benefits and the system would take care of us. /p pHonoring veterans has been a choice slogan for the power elite, a sound bite that echoes from the Halls of Monteczuma to the shores of Tripoli. How does our country honor its veterans? We build monuments, malls, statues and memorials. We rewrite history to rally the masses. We celebrate movies that show the heroics of movie stars who never even served in the armed forces. We have parades honoring veterans who make their way in wheelchairs and on crutches while we give our thanks./p pOf course, we simply debate increased military expenditures and the pros and cons of flag desecration. While politicians carry on the facade of democratic debate, thousands upon thousands of veterans are homeless, unemployed or undereducated. They suffer from drug and alcohol abuse and medical and physical ailments, all related to their service. Think for a moment of the thousands upon thousands who suffer from afflictions directly related to our use of weapons of mass destruction from nukes and mines to Agent Orange and DU armaments. Some were used indiscriminately against the ìenemyî while endangering civilian populations and our own troops, whom we were told to support by flag waving and tying yellow ribbons. /p pAnd what freedoms have we fought to protect? The freedom for corporations to have free reign both nationally and internationally? After all, it was once said, ìthe business of America is business.î Have we fought for a system of political privilege in the genre of Soviet bureaucratic capitalist cronies? A system in which there is no divergent choice for political opinions? Did we fight to preserve our right to bully other nations when we disagree with them? Did we not make sacrifices so that we could cherish the right to freedom of speech, press and opinion, whether the written word, the song lyrics or the act of defiance expresses it? /p pAnd what of the flag? It is but a mere piece of cloth, probably made in China nowadays, whose colors and symbolism represents just another worldwide gang fighting for money, power and territory. I use one as a jean patch that covers my ass. I have another hanging on my wall that is covered in protest stickers and buttons. Occasionally, they serve as a great way to fire up the grill on Fourth of July. It is my choice what I choose to do with my flag because I was one of thousands upon thousands who made a sacrifice. And what for?/p pIt was not my military service that liberated me. It was my exposure to new thinking thanks to political activists, leftist magazines and intellectuals and the thought provoking arguments from independent thinkers, writers, musicians and artists. It was these experiences which moved me in ways to exercise my rights and to fight for their protection./p pOn this Independence Day, I wish we would exercise independent thinking. Thousands upon thousands did not make the sacrifice. We were sacrificed by a system that left us out in the trenches and then abandoned us after it was done with us. No one listens to us. But everyone watches when you burn a flag. Go ahead, burn one, and hope that they listen, but more importantly that they understand. For we burn the Constitution and what it represents, if we allow the system to silence our right to desecrate the flag.br / .br / /p/td/tr/td/tr/table/div/p

pstrong pbThis is Wedding Zone, Part 5.br / Here’s an end to it,br /br / Thank Heaven./bbr / /p/strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Joe. B./p pI’m worried about how my new suit, tie, shoe’s, socks, and shirt fitbr /the pants fit below not above the belt whichbr / I neglect thinking of at the time br / it rides up the crotch making me slightly uncomfortable. /p pAl’s wife told me how to adjust it with Al, br /Solomon, his fiance, and my mother looking on their bemused faces and./p pThe time is miscalculated for the wedding, mama’s, beautifully dressed in br /a Sari or Sarong of br /pastel green, and blue designbr / made especially for the occasion./p pWe are not late but an hour early. br /It makes me more nervous as I searched for a new belt and couldn’t find it! br / I only lost my nervousness with the universally known black folks code: W.F.I.T./p pb"Well Fuck It Then."br / /b This said under my breath so friends, bride and groom, andbr / especially my mother wouldn't hear./p pAs I said before the wedding began, ended without a hitch except for br /an unforeseen medical emergency. /p p Mama and I are again taking the br /trip back, we take the wrong way out of Nevada where homes are under construction and the highway blocked, dissected by bright yellow electricbr / arrows signs and large bright orange cones marking the way as we head towards Idaho or Ohio./p pAfter stopping for gas we found we are again br / profoundly lost. /p pCut a few hours nearing midnight, both of us br /sleep deprived tired, roaming through nightmare landscapes crossing Nevada, Mojave Desert again.br / Is a br /dangerous numbing exhausting experience no one should go through./p pI’m ready to take over driving even if I do not have br /a license but mama says "If police stop us out here, br /with you driving in this rented, toy of a car, we’ll be held up while they check.; and you knowbr / br / they’ll take their own sweet time checking what we say."/p p"You can sleep if you want to" mama says her eyes just as bleary./p p"I don’t think so, I can stay up, br /this was said with the road in our headlights br /phasing in and out of existence!/p pI see eyes looking at me, hear disembodied gentle voices whisper seductivelybr / br /"shut your eyes for a while… sleep"./p pIts worse for mama, she’s driving with little cat naps at the wheel!/p pEventually dawn come and once again we’re in the Mojave Desert./p pWe parked on the side of the road to rest but asbr / trucks rush br /by they honk their horns angry./p pThey're not beeping to warn or stopping to help usbr / br /but because our car is in their resting space and they are angrybr / we’re in their truck-only space./p pToo bad, we didn’t heed them being dropbr / dead tired./p pMore trucks roared by we take a 90 minute nap before leaving./p pWe missed a rest stop and three in a row were not inbr / br /use and by the time we finally reached rest area sleep br /had us but now we are in Bakersfield. br /We actually read the map correctly to follow interstate 5 and turnoff at br /Junction 12 all the way that for us is a br /little known long br /winding back road to Fairfield; I believe it was there long before the Fairfield sprouted up in front of it./p pOn the way we stop at Rio Vista,br / a quiet little gated community asking for directions./p pWe aren’t sure of the map but an elderly br /though spry female security guard pointed out the way./p pI ask mama hypothetically if "I made lots of money from writing;br /would she mind living in Rio Vista?"/p p"Oh-no, its a nice looking place, but Isolated and br /I don’t like bars; where I have to show my driver’s license or ID, I like to going anywhere I want to."br / br /We are home by 7pm. it is dark, both of our eyes are heavy with 24 hours of staying awake. /p pThe spare room with a fold-up bed calls to me.br / br /After mama’s finished in the bathroom I have a quick wash with br /clean washcloth, soap, brush my teeth, hair, then strip to shorts making br /sure mama’s in the living room warring an triple extra large sweatshirt./p pMaking sure the front door and windows are closed and locked securelybr / before stumbling tiredly to blissful, weary sleep pulling at me./p pThat was an adventure I don’t ever want to repeat and I’m thinking aboutbr / driving again but next time I might have a camper or van with a bed and bathroom inside./p pOn the positive side I really know how to read abr / br /map and know what interstate and junction signs meanbr / I’ll probably do this trip again just so I won’t have a psychologicalbr / br /fear of it I just don’t know when I’ll do it.br / br /What kind of weird, strange, harrowing road trip(s) have any of you had and br /what did you learn about it and yourself?/p pPlease send donations to /ppPoor Magazine C/0 Ask Joe /ppat 255 9th St. Street, San Francisco, CA. 94103br / USA/p pFor Joe only my snail mail:br / br /PO Box 1230 #645br / br /Market St.San Francisco, CA 94102br / Email:br / br /a href="mailto:askjoe@poormagazine.org"askjoe@poormagazine.org/abr / /p/td/tr/td/tr/table/div/p

pstrongStaff writer Ken Moshesh Wins a precedent setting ruling for Homeless citizens/strong/p pDIV align="left" TABLE cellpadding="5"TR VALIGN="TOP"TDIMG SRC= "../sites/default/files/arch_img/407/photo_1_supplement.jpg" //td/trTR VALIGN="TOP"TD/td/trTR VALIGN="TOP"TDTR VALIGN="TOP"TD pby Fiona Gow and Ken Moshesh/PNN /p p Activists and advocates from Berkeley's Building Opportunities for Self Sufficiency,(BOSS) the Homeless Action Center, and POOR Magazine gathered at the Berkeley Municipal Court last Thursday hoping to witness a long-awaited ruling. They were there to see if California Code 647(j), the law that makes "lodging" on property without the owner's permission illegal, would be found unconstitutional./p pJudge Brosnahan ruled that in Ken Moshesh's case, use of Code 647(j) was unconstitutional and that it could not be applied to him. She stated that she, "did not find the code facially invalid, but that it was sufficiently ambiguous and as it applied to Ken's conduct, the statute was not constitutional. ì/p pIt had been no short battle for Moshesh to get to the point where his case was actually being heard. In October, 2000 Moshesh was issued a citation for sleeping outside, which police said violated Code 647(j). On January 18, 2001 he was arrested because his citation had gone to warrant. He decided to petition for a revocation of probation and to challenge the constitutionality of the code. /p pCivil Rights attorney Osha Neuman, of Community Defense Incorporated, said this is a very exciting ruling. ìSince this law is only applied to homeless people, it means that it canít be used to criminalize them.î He went on to say that, ìIf the prosecution appeals the case and the decision is upheld in appeals then the decision would apply throughout Berkeley, Oakland, and Alameda and could set a precedent for the state.î If the decision is appealed, it would also be an opportunity for the defense to argue the constitutionality of the code./p pSyren said he didnít think the DA would appeal the decision, since the judge did not rule that the code was unconstitutional on its face, which would have had more resounding consequences. But, in effect it will make it illegal for police to cite any homeless people for violating Code 647(j). According to Syren, ìThere was nothing unusual in its application in Ken's case, and therefore others who are in similar situations will find protection from the ruling in Mosheshís case. "Though the judge didnít technically say this in her ruling, Syren said another reason for the judgment was the question of equal protection for homeless people, since, "No one else gets arrested for this."/p pMoshesh's case was originally placed on the Consent Calendar for cases to be heard on April 17, 2001, but was continued. In response to the postponement 100 homeless people and advocates stormed the Berkeley City Council, demanding that Berkeley deprioritize enforcing Code 647(j). Ken, along with Lisa Gray-Garcia of POOR Magazine, led the fight that resulted in the courts deprioritizing the enforcement of Code 647(j). Since this ruling, Syren said that he had noticed a dramatic decline in the number of people booked and charged with violating 647(j). He was not willing to say if this was a direct cause of the deprioritization decision, but he said it could well be./p pSyren's arguments in Kenís defense included an impassioned statement criticizing Code 647(j). Syren argued that the law was vague facially and on application, because it was unclear what the term "lodging" really meant. He asked, "Did the legislature really mean putting a sleeping bag down for one night was 'lodging' or did they mean something more permanent?" He made the comment that if they did mean one night of resting your body, then the literary legend Jack Kerouc would have found himself in violation of the code on many occasions. He said such a code makes homelessness and poverty a crime./p pDeputy District Attorney Lance Kubo then made his very professional argument in defense of Code 647(j). He claimed that the law had been on the books since 1872 and was not written with the intent of invidiously going after homeless people. He went on to say that the fact that this law was impacting homeless people was incidental. The judge contradicted him strongly on this last point. /p pKubo continued his defense of code 647(j) by saying that if its constitutionality was to be questioned, then it would have to go through the strict process of being challenged either as it was applied or facially. It could not be challenged as applied he said, because there had to be a conviction first. A facial challenge would rest on examining the text of the statute according to previous or current authority. The judge did not seem swayed by Kubo's arguments and challenged him on several occasions, displaying an obvious interest in seeing that the DA defended his opinions./p pUnfortunately, the judge, in her decision stated that there were other options for prosecuting cases like Ken's. Code 602(l) is a law which states that if a person goes onto property that is clearly marked with a "No Trespassing" sign then it would constitute a violation. Syren said the thing to be on the lookout for now would be increased bookings of people under the 602(l) trespassing law. /p pThe judge's ruling was a great success for Ken and all of his supporters and opens the doors for further challenging laws that unfairly target homeless people. ìWhat this case shows us is that the challenge was worthy of a decision, either way.î When asked if he thought he was a visionary, Ken Moshesh replied, No, this has always been the vision of people who have come to this country, all of whom were homeless.î His main hope is that this decision will, ìhelp other homeless people to live with themselves and their situation to the point where they are able to protest and have expectations./p pbDECRIMINALIZING HOMELESSNESSbr / br /BY KEN MOSHESH/b/p pON THE F0URTH OF JULY 2001, THE NATION WENT THROUGH ITS USUAL RITUALS CELEBRATING ITS NATIONAL INDEPENDENCE DAY --BARBECUE PICNICS, FIREWORKS, BASEBALL AND OTHER HOLIDAY ACTIVITIES. /p pWE HOMELESS PERSONS ALSO PERFORMED OUR USUAL HOLIDAY RITES OF LOOKING FOR REPLACEMENT SERVICES [(ESPECIALLY FOOD), SINCE OUR USUAL PROVIDERS OFTEN CLOSE FOR THE OCCASION] BEFORE THE NIGHTLY SEARCH FOR A PLACE TO SLEEP OUTSIDE, AMIDST THE FESTIVITIES./p pAN UNCONFIRMED RUMOR THAT A MEAL WILL BE SERVED AT PEOPLES PARK IN BERKELEY REMINDS ME THAT I COULDN’T ATTEND ANYWAY BECAUSE OF MY STAYAWAY ORDER FROM ALL UC PROPERTY AS A RESULT OF MY ARREST FOR SLEEPING HOMELESSLY OUTSIDE ON CAMPUS AT NIGHT./p pTHE RUMOR ALSO SERVES TO EMPHASIZE THE POSSIBILITY OF SERVING MORE JAILTIME (45 DAYS FOR PROBATION VIOLATION) FOR BEING CITED AGAIN FOR SLEEPING HOMELESSLY OUTSIDE, IF MY CHALLENGE TO THE 647J LODGING LAW UNDER WHICH I WAS ARRESTED IS DENIED./p pON THE 12TH OF JULY, HAVING ENDURED ANOTHER "HOLLOWDAY ‘, I AM THE FIRST TO ARRIVE UPSTAIRS IN FRONT OF DEPT 201, BERKELEY COURTHOUSE TO LEARN THE FATE OF MY REVOCATION OF PROBATION PETITION AND CHALLENGE TO THE CONSTITUTIONALITY OF 647J LODGING LAW (FOR WHICH I WAS PLACED ON PROBATION FOR VIOLATING BY SLEEPING OUTSIDE)./p pMY NOW ACCUSTOMED ( OFTEN DESIRED) ALONENESS IS PIERCED BY A SALUTATION FROM A NEWLY ASSIGNED FELLOW POOR MAGAZINE REPORTER IN THE MIDST OF OTHER SUMMONED SEMI-VISIBLE PERSONS THERE TO LEARN THEIR COURTROOM FATES./p pWE ARE JOINED BY MANY OF THE CONCERNED PERSONS WHO HAD ENDURED THE COURT PROCEDINGS AND CONTINUATIONS FROM FEBRUARY 21, PRESIDED OVER BY THE HONORABLE JUDGE CAROL BROSNAHAN AND ADVOCATED ON MY BEHALF BY ALAMEDA COUNTY PUBLIC DEFENDER, GREGORY A. SYREN. THEY INCLUDED MICHAEL DIEHL AND DARREN NOY OF BOSS, PATRICIA WALL OF HAC, ALDO ARTURO DELLA MAGGIORA,VIDEOGRAPHER AND OTHERS. /p pIN THE COURTROOM, AFTER QUICKLY AND QUIETLY RELATING THE PREVIOUS ACTIONS AND CURRENT ISSUES TO MY NEW POOR MAGAZINE COLLEAGUE, FIONA GOW, THE QUICK DISPOSTION OF THE CASES AHEAD OF OURS BEGINS TO SLOWLY REMOVE THE LEARNED EXPECTANCY OF YET ANOTHER CONTINUANCE./p pTHE SCHIZOPRENIA OF THE SITUATION SURREALLY EMERGES AS JOURNALISTIC THOUGHTS AND WORDS SUBMERGE INTO INCARCERATION POSSIBILITIES FOR HOMELESS NECESITIES AS THE JUDGE CALLS FOR "THE MATTER OF KEN MOSHESH"...FOR HAVING TO SLEEP OUTSIDE../p pINSIDE, AS THE DAPPER D.A. PROFESSIONALLY PRESSES THE POLICE POSITION TO FURTHER INCARCERATE ME, THE EIGHT YEARS OF HOMELESS DICHOTOMIES MINGLE WITH A PERSISTENT AWKWARD REALIZATION: THE POLICE DEPARTMENT SHOULD NOT BE ERRONEOUSLY CALLED UPON TO SOLVE HOMELESS MATTERS IN THE FIRST PLACE./p pTHIS INCREASINGLY AMERICAN OVER DEPENDENCE ON FUTILE, EXACERBATING INCARCERATION PROCEDURES SHOULD ACTUALLY BE REPLACED BY JOINT RESOLUTIONS BY THE PARTIES MOST DIRECTLYAND ADVERSARILY INVOLVED, HOMELESS AND POLICE COMMUNITIES (WHOSE SOLITARY PATHS OFTEN CROSS DURING THE UNCERTAINTIES OF NIGHT)./p pTHEY SHOULD BOTH BE REDIRECTING HOMELESS COMPLAINTS BY THE BUSINESS AND PROPERTY OWNING/ DWELLING COMMUNITY TO THE GOVERNING COMMUNITY OF THE RICHEST COUNTRY IN THE WORLD TO CREATE SUFFICIENT AFFORDABLE HOUSING AND/OR LIVEABLE WAGES FOR "ALL THE PEOPLE"...THERBY MAKING LODGING LAWS MOOT./p pIN FACT, AS THE MOST SUCCESSFUL LEADER OF THE FREE DEMOCRATIC WORLD WE SHOULD BE ENGAGED IN MODELING THE EFFICACY AND SINCERITY OF OUR STATED WAY OF LIFE FOR" ALL THE PEOPLE" BY EMBARKING UPON A CONSTITUTIONAL, TIME- DESIGNATED PLAN FOR ELIMINATING POVERTY(AND ITS RELATED ABUSES) FROM THE LAND, RATHER THAN "BAND-AIDING" ICE-BERGISH MANIFESTATIONS, LIKE CRIMINALIZING HOMELESSNESS. /p pTHE ELOQUENCE AND SINCERITY OF THE PUBLIC DEFENDER’S PRESENTATION QUELLS ALL IN SUSPENDED SILENCE AS "THE MATTER OF KEN MOSHESH", ALLEGED HOMELESS LODGER, PERMEATES THE COURTROOM AND INVADES THE OVERLY MATERIALIZED SOUL OF AMERICA, AND THE HOMELESSLY ALMOST- NUMBED SOUL OF MINE./p pbTHE FINAL DECISION, METICULOUSLY AND THOUGHTFULLY DELIVERED BY THE CHARISMATIC PRESIDING JUDGE, WAS ESSENTIALLY AS FOLLOWS: THE 647J LODGING WAS FOUND TO BE CONSTITUTIONAL FACIALLY, BUT IT WAS FOUND TO BE UNCONSTITUTIONAL AS TO ITS APPLICATION (SPECIFICALLY TO HOMELESS FOLKS), SO MY REVOCATION OF PROBATION CHARGED WAS DISMISSED./b/p pALTHOUGH APPEALS TO THE CONSTITUTIONAL ISSUES ARE PROBABLY LIKELY FROM BOTH SIDES, AND THERE ARE OTHER LESS VAGUE STATUES BEING USED TO REMOVE THE HOMELESS), THE 647J METHOD OF CRIMINALLY CITING AND ARRESTING HOMELESS PERSONS FOR JUST SLEEPING IS NOW NULL AND VOID IN BERKELEY./p pMORE IMPORTANTLY, A PRECEDENT HAS BEEN SET TO LEGALLY DETERMINE AND POLITICALLY QUESTION THE NATURE OF ACTIVITIES DESIGNED TO REMOVE THE HOMELESS THAT OSCILLATES FAR BEYOND BERKELEY, AS MOST THINGS ORGINATING HERE USUALLY DO.br / IT MOVES US CLOSER TO NATIONALLY ACCEPTING THE SERIOUSNESS AND PREVALENCE OF HOMELESSNESS, AND DEVELOPING A PLAN FOR ITS RESOLUTION, AS WE HOPEFULLY MOVE TOWARDS ELIMINATING POVERTY ITSELF./p pMOST IMPORTANTLY, HOMELESS CITIZENS HAVE BEEN GIVEN ANOTHER ( THE APRIL 24 BERKELEY CITY COUNCIL DEPRIORITIZATION OF HOMELESS ARRESTS IS ANOTHER) REASON NOT TO GIVE UP ON THEMSELVES BECAUSE OF THEIR CURRENTLY DEPRESSINGLY DESIGNED HOMELESS EXISTENCE. /p pTHERE IS POSSIBILITY AND HOPE FOR SOMETHING BETTER AS WE CONTINUE TO STRUGGLE WITH A PLACE TO SLEEP EACH NIGHT. /p pA PLACE TO HOME/p pOH SAY CAN YOU SEEbr / br /SPARKLESbr / br /FLARESbr / br /BOMBS BURSTING AT NIGHT/p pGLEAMS OF GLEEbr / br /BUT NONE INSIDE FOR ME/p pSTARING UPbr / br /PRICED OUT.......SIDEbr / br /SCARRED BY STARLIGHTbr / br /SEARCHED BY FLASHLIGHTbr / br /ARRESTED SLEEPbr / br /DETAINEDbr / br /DEFAMEDbr / br /CLAIMS TO FREEDOMSbr / br /TO BLAME?/p pJUDGE CALLS MY NAMEbr / br /LAWYERS REFRAINbr / br /VERBIAGE RAINSbr / br /ON MY SLEEP- SEEKING BAGbr / br /ALREADY WET, WITH YEARS OF TEARSbr / br /OF STRUGGLEbr / br /FOR PLACES TO GObr / br /NOT INSANEbr / br /BUT INSIDEbr / br / OR AT LEAST NOT IN VIEWbr / br /JUST TO SLEEP/p pJUDGE DISMISSES THIER CLAIMbr / br /PERHAPS, NO MOREbr / br /MAYBE SOONbr / br /A PLACE TO HOME/p pKEN MOSHESH 7/01br / /p/td/tr/td/tr/table/div/p