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Letter of Opposition re Item IIA October 15, 2019 p. 4 The permitting process is also extremely limiting, as it only allows for duration of no more than 24 hours, and cannot exceed three consecutive 24-hour periods, and no more than 72 permits shall be issued to any one address in any one calendar year period.15 Sheltering oneself is not voluntary conduct. It is a basic human need. It is harmless; and it is an act integral to the status of homelessness. For those who are unhoused and fortunate enough to have RVs or other vehicles, their only reasonable option is to use the rudimentary shelter provided by their vehicles until permanent, accessible, and in some instances, medically appropriate housing that they can afford, becomes available. Finally, the City should remove any reference to misdemeanor criminal liability under the Ordinance. The United States incarcerates more people than anywhere in the world. There are approximately 2.2 million people who are incarcerated in the nation's jails or prisons, and the overwhelming persons behind bars are Black and Brown children, women, and men." Despite the fact that stable and affordable housing is an urgent need among people leaving jails and prisons, people with a criminal record face a monumental challenge when trying to access affordable housing. First, they are competing with the 37 million other Americans who live at or below the federal poverty level. Second, formerly incarcerated individuals face systemic discrimination, despite posing no risk to their neighbors. Third, overly restrictive admissions policies specifically target and reduce options for people with criminal records. More importantly, persons who the police arrest or who plead no contest or who a jury convicts after a court trial are significantly more likely to end up homeless because of their interaction with the criminal justice system, placing them at grave risk of recidivating and returning to jail or prison. In our practice, we have represented people against landlords and public housing authorities who have denied justice -impacted persons the basic necessity of housing, for no other reason than for the person's interaction with the criminal justice system. The City should not willingly participate in the disparate impact discrimination that results because of an individual's interaction with the criminal justice system. It should remove the reference to misdemeanor criminal liability from the Ordinance. Rather than adequately accommodating this homeless, largely disabled group of individuals and complying with statutory and constimitional requirements, the City has instead chosen, yet again, to jeopardize the health, safety, and lives of homeless vehicle owners in the hope that the continuing and escalating harassment will force these residents to simply leave the City. The City should disapprove the Ordinance. Sincerely, Isl Ugochi Anaebere-Nicholson Directing Attorney, Housing and Homelessness Prevention Unit Id. at subds. (c), (d), and (e). 16 The Sentencing Project, "The Facts, State -by -State Data, available at hitps://www.sentencingproject.org/the- f nets/#map, last visited on August 14, 2019. (providing that the racial disparity in incarceration rate as follows in California (Black: white ratio: 8.8:1); Hispanic: white ratio: (1.9:1), and Juvenile custody rate (per 100,000) 165).) 601 Civic Center Drive West • Santa Ana, CA 92701-4002 • (714) 541-1010 • Fax (714) 541-5157