[Hpn] [streetwrites] Jail Update (fwd)

Wes Browning wes@speakeasy.org
Fri, 2 Nov 2001 20:29:18 -0800 (PST)


Forwarded by Wes Browning, with permission from ALF.

---------- Forwarded message ----------
Date: Fri, 02 Nov 2001 04:47:39 -0000
From: Anitra Lenore Freeman <anitra@speakeasy.org>
Reply-To: "streetwrites@yahoogroups.com" <streetwrites@yahoogroups.com>
To: "streetwrites@yahoogroups.com" <streetwrites@yahoogroups.com>
Subject: [streetwrites] Jail Update

After talking with the attorney, we have a tentative defense.  I had
expected, on the basis of a previous talk with Rod Brandon,
Assistant Executive of King County, that if it rained we would be
allowed to use the plaza, and perhaps even allowed into the
building.  There was a chance we might be arrested, but it was
also possible that they would let us stay.

It is a legal defense against a charge of trespass, if you have an
expectation that the property owner would let you stay if they
knew about it.

And nowhere in the police reports does it say that they called
anyone in the King County administration!  I thought that King
County had called the police, but apparently -- just apparently, at
the moment, on the basis of the records we have -- the police
called themselves in, and never did call King County to see if,
under the circumstances ("cold, windy, rainy" as one of the police
reports says) we might be allowed to stay.

What I like about this defense is that the only way King County
executives can refute it is to get up in court and say, "No: even
when it was cold, windy and raining, we would not allow
homeless people to sleep in our patio area.  Even when they
had previously demonstrated that they were well-behaved, would
cause no damage, and would clean the area better than we do,
we would not allow homeless people to sleep in our patio area.
Even with security officers there to watch them, and no possible
way that they could gain access to our building or cause any
damage,  we would not allow homeless people to sleep in our
patio area. Never.  Uh uh.  No way."

That could be interesting. :-)

Write On!