Judge Paves Way for Trial on Controversial Police Citations of Homeless

A San Diego Municipal judge declined Monday to put an end to the Police Department’s controversial practice of writing misdemeanor citations to thousands of homeless people who sleep on the city’s streets.

Instead, Judge Melinda J. Lasater paved the way for a court trial in which attorneys for three homeless people will be able to elaborate on their arguments that police are unconstitutionally harassing the city’s downtrodden with the expensive tickets.

“I’m well aware of the magnitude of this problem,” the judge said. “It’s not one of those problems that can be ignored.”

Problem for Police, Community

In a written order that followed her remarks from the bench, the judge expounded on her concerns that the growing number of San Diego’s homeless has become a problem for both law enforcement and the community at large.

“San Diego is not exempt from the large number of homeless people who are in our nation,” she wrote. “It is an issue which the San Diego community must address and cannot ignore as the plight of the homeless continues to deteriorate.”

Attorneys Tom Homann and Kevin S. Klein, representing three homeless people who were recently given the citations, contend that police are unfairly arresting their clients for sleeping outdoors, even though the homeless have nowhere else to go.

However, Ward Clay, a deputy city attorney, and the Police Department argue that a city statute specifically prohibits temporary lodging in the streets. And police officers, particularly downtown, have come under intense pressure by merchants who complain that people sleeping in store doorways are driving away customers.

Police statistics show that, in the six months ended March 30, police wrote 1,993 of the misdemeanor citations. The citations carry fines of $25 to $250, depending on whether arrest warrants are eventually issued.

The statistics also show that 87% of those who were cited during that period were homeless, and 90% of them were “lodging illegally” on downtown streets. Of the homeless cited during the period, 247 were eventually booked into the crowded San Diego County jails.

Statute Dates From 1872

Homann and Klein filed a legal challenge against the 1872 statute, saying it is vague and inapplicable in today’s society. Because of the many homeless in San Diego, they said, many people have no choice but the streets at night.

But Judge Lasater said she does not see the law as vague or too broad, particularly as it relates to an uninvited guest sleeping in a doorway one night or taking up temporary lodging in a doorway for an extended period.

She said she also does not believe that police are unevenly enforcing the law, and added that police are able to evaluate each situation individually.

“Ordinary people can understand what conduct is prohibited,” she said.

Lasater told defense attorneys, however, that their legal challenge may be premature and suggested that they reargue their position during a trial on some of the citations.

Homann entered not-guilty pleas on behalf of three homeless people--Linda Mae Robinson, Drake Pappas and Keith Pendergraff. The judge then scheduled a Nov. 15 trial-setting date on those citations.