Jefferson Transit Criminal Trespasses Port Townsend Homeless Man Michael James

Jefferson Transit, PUBLIC Entity, Criminal Trespasses Port Townsend Homeless Man Michael James for Sleeping.

THE POLICE ARE BREAKING THE LAW, CHECK OUT Martin v. City of Boise

SECOND HEARING

Mr. James and the Jefferson County Transit Criminal Trespass for SLEEPING on Public Entity Property. October 8th 2021, Criminal Trespass.

“I Was COLD and Had no Where Else to GO”

eMail from Jefferson County Transit Affirming they are a PUBLIC ENTITY.
https://drive.google.com/file/d/1qWsC6h4Y3CvlCteIe9hcBKCWRWGdHRip/view?usp=sharing

“Mr. James” Criminal Trespass Hearing from JAIL in Jefferson County Washington, Judge Mindy Walker Presiding, Prosecuting Attorney Melissa Pleimann. Defendant Public Attorney Richard Davies. October 8th, 2021.

Video Transcript with Commentary By Reverend Crystal Cox

“October 8th 2021, Criminal Trespass. I Was COLD and Had NO Where to GO. Mr. James.”
https://rumble.com/vnig7k-october-8th-2021-criminal-trespass.-i-was-cold-and-had-no-where-to-go.-mr.-.html

It is Clear that Jefferson County Transit is a Public Entity. So is Sleeping on Public Property Illegal, if no one is aggressive, violent, or breaking any LAWS?

The Crime Seems to Be to Get Dry and Have a Sleep.

Jefferson County Transit Public Information
https://jeffersontransit.com/public-information/

Jefferson County Public Records Request
https://jeffersontransit.com/public-information/public-records-request/

Posted here by Reverend Crystal Cox
Universal Church of Light
Homeless Advocacy
ReverendCrystalCox@gMail.com

MICHAEL LEE JAMES

Inmate Detail - JAMES, MICHAEL LEE
Demographic Information Name JAMES, MICHAEL LEE Subject Number 25252 Gender Male
Booking History
Booking 2021-00000441
Booking Date 10/7/2021 8:05 AM Scheduled Release Date Total Bail Amount $500.00
Bond Number Bond Type Bond Amount
2021-00000594 SURETY/CASH $500.00
Number Charge Description Offense Date Docket Number Crime Class Arresting Agency Bond
1 CRIMINAL TRESPASS 2 10/7/2021 8:06 AM 1A0343546 MISDEMEANOR Port Townsend Police Dept 2021-00000594

US Supreme Court Decision

“As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter,” the appeals court said.
https://www.reuters.com/article/us-usa-court-homelessness/u-s-supreme-court-leaves-in-place-ruling-barring-prosecution-of-homeless-idUSKBN1YK1EA

MORE ON THIS

Port Townsend Police Breaking the LAW Over and Over.
Jefferson County Prosecutors, Judge, Cops must NOT Know the LAWS. They Keep Violating the Rights of Port Townsend Homeless Man MICHAEL JAMES.
As He Tries to Sleep and they Non-Stop Criminally Trespass Him. Let's Talk about this Court Ruling Jefferson County IGNORES Over and Over. Martin v. City of Boise. It is Against the Law To Do what The Port Townsend Police are Doing to Michael JAMES.
" National Law Center on Homelessness and Poverty, were individuals that were homeless.
Jan. 15, 2020 — A Dec. 16 Supreme Court decision to deny a petition to review Martin v. City of Boise has finalized a significant holding by the 9th Circuit Court of Appeals which protects the right for homeless people to sleep in public spaces without reprisal.
The 9th Circuit reviews cases from 10 western districts including Oregon, Idaho, Washington and California. The plaintiffs in the controversial case, supported by the National Law Center on Homelessness and Poverty, were individuals that were homeless."
“We have been complying with the 9th Circuits order for some time now and have not been enforcing prohibited camping on public property,” Pitcher said. “We do enforce other ordinances and crimes that are public nuisance issues such as offensive littering, CRIMINAL TRESPASS, crimi-nal mischief, blocking a sidewalk, disorderly conduct, etc., that are committed by a variety of people that include homeless at times.”
The Martin vs City of Boise case was originally argued in July of 2017 and centered around a complaint filed by six individuals that were homeless, seeking protection from prosecution stemming from their use of public spaces.
The plaintiffs had been cited, some more than once, for sleeping in public spaces and were seeking to prevent further arrest or fines — which they were unable to pay.
The decision to not revisit the case through the appeals process essentially blocks any practice of citing or arresting homeless individuals when there are no alternate locations provided by the municipality for them to utilize for attending to basic human needs.
“We’re thrilled that the Court has let the 9th Circuit decision stand so that homeless people are not punished for sleeping on the streets when they have no other option,” said Maria Foscarinis, Executive Director at the National Law Center on Homelessness and Poverty. “But ultimately, our goal is to end homelessness through housing — which is effective and saves tax-payer dollars — so that no one has to sleep on the streets in the first place. We hope that the 9th Circuit decision will help communities find the political will to put that housing in place. Housing, not handcuffs, is what ends homelessness.”
The argument presented to the court by attorneys for the plaintiffs asked the judges to consider the case in the context of the Eighth Amendment, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted...”
There were a number of Amicus (friend of the court) briefs filed in support of the City of Boise, most from cities experiencing rapidly rising numbers of homeless individuals, often in numbers that exceed the services provided by local religious and municipal support agencies.
“Sleeping outside is a biological necessity for those who cannot obtain shelter,” the lawyers for the plaintiffs said in court papers. “A city that criminalizes both sleeping on private property and public property when no alternative shelter is available leaves a homeless individual who cannot obtain shelter with no capacity to comply with the law.”
The argument presented by plaintiff’s council was apparently persuasive as Ninth Circuit Court Judge Marsha Berzon makes clear in the majority opinion.
“The imposition of criminal penalties for sitting, sleeping or lying outside on public property, for homeless individuals that cannot obtain shelter, amounted to the unconstitutional criminal-ization of the homeless,” Berzon wrote. “We consider whether the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to. We conclude that it does.”
Source of Above and Full Article
https://thesiuslawnews.com/.../court-decision-allows...

Port Townsend POLICE, Stop Breaking the LAW regarding the Homeless Community.
Prominent People SHUT UP and STOP Controlling the POLICE Let them Do their JOB, Obey the Law and STOP Violating Peoples Rights BECAUSE you pressure them Too. JUST STOP.
Even if the Local Prominent NINNY says to Break the Law and Violate the Constitutional Rights of those in your Community, YOU are Personally and Professionally Liable. YOU are, I Allege, Breaking the Law at your Non-Stop Criminally Trespassing the Homeless in the City of Port Townsend.
While Flat out Breaking the LAW I Allege, by NOT prosecuting the Actual Illegal Activity at the Port Townsend Fair Grounds, such as and Not Limited to Heroin Dealing, Meth Dealing, Gun Activity, Harassment, Violence, Drug Overdose, and Death. And I Allege, as a 20 years Broker Owner, that you are Breaking the Law and Violating the Constitutional Rights of the owners around the Fairgrounds by NOT protecting their rights and arresting Offenders.
While during that same time ARRESTING and Jailing people sleeping PEACEFULLY. You are Breaking the LAW. Please STOP. Or Don't, Just Know you will be held Liable by a Higher Court System then Jefferson County Washington, Some Day Some Way. You will be Sued by parties someday, and You will have a criminal investigation as I intend to file complaints every time this happens and NOT to local police that protect you but to the State Attorney, the FBI, Internal Affairs, Homeless Rights, Human Rights, Civil Rights, and others outside agencies.
It is NOT OK the way the Port Townsend Police handle the Homeless. The PT Police need to find a way to tell the Prominent People to SHUT UP and Let them Do their JOB, and protect our constitutional rights on ALL Sides of ALL proverbial Isles.
Reverend Crystal Cox

Port Townsend Police Constantly Criminal Trespass Michael James, a Port Townsend Homeless. Man. I Allege, they ARE BREAKING THE LAW and Violating this man's Civil Rights, Human Right and Due Process. Clearly This Gang Of Thugs (Prosecuting Attorney James Kennedy, Various Port Townsend Police, and the Prominent People) have NOT heard of ..

US Supreme Court Decision

“As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter,” the appeals court said.

https://www.reuters.com/article/us-usa-court-homelessness/u-s-supreme-court-leaves-in-place-ruling-barring-prosecution-of-homeless-idUSKBN1YK1EA

Port Townsend Police Breaking the LAW Over and Over.

Jefferson County Prosecutors, Judge, Cops must NOT Know the LAWS. They Keep Violating the Rights of Port Townsend Homeless Man Michael James.

As He Tries to Sleep and they Non-Stop Criminally Trespass Him. Let's Talk about this Court Ruling Jefferson County IGNORES Over and Over. Martin v. City of Boise. It is Against the Law To Do what The Port Townsend Police are Doing to Michael JAMES.

Port Townsend Police Breaking the LAW Over and Over.

Jefferson County Prosecutors, Judge, Cops must NOT Know the LAWS. They Keep Violating the Rights of Port Townsend Homeless Man MICHAEL JAMES.

As He Tries to Sleep and they Non-Stop Criminally Trespass Him. Let's Talk about this Court Ruling Jefferson County IGNORES Over and Over. Martin v. City of Boise. It is Against the Law To Do what The Port Townsend Police are Doing to Michael JAMES.

" National Law Center on Homelessness and Poverty, were individuals that were homeless.

Jan. 15, 2020 — A Dec. 16 Supreme Court decision to deny a petition to review Martin v. City of Boise has finalized a significant holding by the 9th Circuit Court of Appeals which protects the right for homeless people to sleep in public spaces without reprisal.

The 9th Circuit reviews cases from 10 western districts including Oregon, Idaho, Washington and California. The plaintiffs in the controversial case, supported by the National Law Center on Homelessness and Poverty, were individuals that were homeless."

“We have been complying with the 9th Circuits order for some time now and have not been enforcing prohibited camping on public property,” Pitcher said. “We do enforce other ordinances and crimes that are public nuisance issues such as offensive littering, CRIMINAL TRESPASS, crimi-nal mischief, blocking a sidewalk, disorderly conduct, etc., that are committed by a variety of people that include homeless at times.”

The Martin vs City of Boise case was originally argued in July of 2017 and centered around a complaint filed by six individuals that were homeless, seeking protection from prosecution stemming from their use of public spaces.

The plaintiffs had been cited, some more than once, for sleeping in public spaces and were seeking to prevent further arrest or fines — which they were unable to pay.

The decision to not revisit the case through the appeals process essentially blocks any practice of citing or arresting homeless individuals when there are no alternate locations provided by the municipality for them to utilize for attending to basic human needs.

“We’re thrilled that the Court has let the 9th Circuit decision stand so that homeless people are not punished for sleeping on the streets when they have no other option,” said Maria Foscarinis, Executive Director at the National Law Center on Homelessness and Poverty. “But ultimately, our goal is to end homelessness through housing — which is effective and saves tax-payer dollars — so that no one has to sleep on the streets in the first place. We hope that the 9th Circuit decision will help communities find the political will to put that housing in place. Housing, not handcuffs, is what ends homelessness.”

The argument presented to the court by attorneys for the plaintiffs asked the judges to consider the case in the context of the Eighth Amendment, which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted...”

There were a number of Amicus (friend of the court) briefs filed in support of the City of Boise, most from cities experiencing rapidly rising numbers of homeless individuals, often in numbers that exceed the services provided by local religious and municipal support agencies.

“Sleeping outside is a biological necessity for those who cannot obtain shelter,” the lawyers for the plaintiffs said in court papers. “A city that criminalizes both sleeping on private property and public property when no alternative shelter is available leaves a homeless individual who cannot obtain shelter with no capacity to comply with the law.”

The argument presented by plaintiff’s council was apparently persuasive as Ninth Circuit Court Judge Marsha Berzon makes clear in the majority opinion.

“The imposition of criminal penalties for sitting, sleeping or lying outside on public property, for homeless individuals that cannot obtain shelter, amounted to the unconstitutional criminal-ization of the homeless,” Berzon wrote. “We consider whether the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from prosecuting people criminally for sleeping outside on public property when those people have no home or other shelter to go to. We conclude that it does.”

Source of Above and Full Article
https://thesiuslawnews.com/article/court-decision-allows-homeless-to-sleep-in-public-spaces