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Council to Study Enforcing Ban on Camping in Parks : Homeless: The city attorney has called it an oppressive law. One of his critics on the council is seeking a showdown to see how the measure will be prosecuted.

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SPECIAL TO THE TIMES

The Santa Monica City Council will conduct a special study session in coming weeks to examine how a new ban against sleeping in local parks will be enforced in light of the city attorney’s continuing insistence that the measure unconstitutionally targets the homeless.

At the request of Councilman Herb Katz--a persistent critic of City Attorney Robert M. Myers--the council unanimously approved holding such a session with Police Chief James T. Butts, perhaps as early as next week.

Several members seemed concerned about subjecting the embattled Myers to more controversy in the wake of last week’s explosive public hearing that preceded the council’s approval of the ban.

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The new ordinance, drafted by an outside counsel after Myers refused to write what he has termed an oppressive law, prohibits people from staking out territory in parks or public places so that it reasonably appears that they are living there.

Instead of limiting the study session to the anti-camping law, the council agreed to widen the discussion to any other law enforcement issues that council members may wish to raise, such as complaints about drug sales and gang activity.

But Myers and his dogged opposition to the encampment ordinance will almost certainly take center stage.

Katz insisted on a full “public airing” of the matter and accused Councilman Dennis Zane of seeking to deflect attention from the issue by trying to schedule it as part of the city’s upcoming budget deliberations, which begin next month.

The council finally decided to conduct the session separately from budget hearings.

“I want a showdown to see what Myers will say, and how it (the law) will be prosecuted,” Katz said.

Zane, however, stressed that he is “not interested in a setup to pillory the city attorney,” and colleague Kelly Olsen expressed apprehension that the session would lead to “a spectacle.”

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But Katz seemed eager for a confrontation, and at one point repeated his now familiar accusation that Myers is guilty of insubordination for refusing to write the ordinance.

“I’m wondering how we’re going to get any enforcement,” Katz said. “And if we don’t get any enforcement, (the law) is a joke.”

Katz stressed that he does not want to see people who sleep in city parks prosecuted and put in jail as a matter of practice. But he contends that police won’t be motivated to enforce the ordinance under any circumstances if they know their actions won’t be backed by the city attorney.

Myers sat silently during the discussion and on Wednesday declined to comment on the council’s decision or Katz’s accusations.

The camping ban, which passed on a 5-2 vote last week, was approved on second reading Tuesday night and will take effect in one month.

A small group of homeless people briefly disrupted the meeting when the council declined to suspend its rules and allow additional public comment on the matter.

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“I’ve got news for you, City Council,” one apparently homeless man shouted from the sidewalk below the chambers. “Jesus Christ is here and he knows what you’re doing.”

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