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Mitre -Ramirez, Norma From: Dallas Augustine <daugusti@uci.edu> Sent: Tuesday, October 17, 2017 10:01 AM To: eComment Cc: sscwarzmann@santa-ana.org; Jemma Alarcon; OCNEP Steering Subject: Comment in Opposition of Strategic Plan No.5,3 & Sec 10-551, Item 23 October 17, 2017 Orange County Needle Exchange Program 1605 N. Spurgeon St. Santa Ana, CA 92701 To Whom it May Concern: We, the Board of Directors of the Orange County Needle Exchange Program, are writing in regard to the Santa Ana City Council's amended Emergency Ordinance: "Amending and Adding New Sections to Santa Ana Municipal Code Chapter 10, Article 10 Related to Storage of Property, Prohibition of Animals, Vehicle Access and Services in the Civic Center Area {Strategic Plan No. 5, 3}." We stand in opposition to the ordinance as a whole but are especially concerned with and opposed to Seo 10-551, Item 23 ("Item 23"), which prohibits "possession or storage of any uncapped hypodermic needles, unless within a medically approved and sealed container." The described possession or storage of personal syringes is protected by state Jaw. Specifically: California Health and Safety Code §11364(6):, Allows unlimited possession of syringes for personal use when obtained from an authorized needle exchange • California Health and Safety Code §11364(b): Allows possession of needles from any source for any reason that are containerized for disposal We recognize that Item 23 is the result of concern regarding needle litter in the Civic Center. However, based on hundreds of interviews with OCNEP olients, a primary cause of needle litter is fear of being improperly cited or detained by law enforcement officers for possession of clean and/or properly containerized used syringes. Despite being protected by state law, our clients continue to be cited. When encountering local police officers they may suddenly abandon needles in hopes of avoiding improper citation, detention, or arrest. Thus, rather than ameliorate this problem, Item 23 will only exacerbate the likelihood of needle litter by further criminalizing and stigmatizing syringe possession and storage. Rather than making proper storage and disposal more difficult for OCNEP clients (as will occur should Item 23 be instituted), we propose the following alternative solutions: 1) the installation of additional permanent sharps disposal units throughout the Civic Center and surrounding area; 2) supporting OCNEP's safe, no -cost disposal of syringes on Saturdays at 20 Civic Center Plaza and supporting additional days of operation to improve disposal. Sincerely, Orange County Needle Exchange Board of Directors Dallas Augustine Kyle Barbour Nathan Birnbaum Kelley Butler Christleen Casem Po Hsu Sofia Laguna Thao Le Miriam McQuade Meg Munoz