Trial of 6 in Anti-Camping Case Halted

A state appellate court Thursday temporarily halted the trial of six homeless people cited for violating Santa Ana’s ordinance against camping on public property--at least until the court decides on a pending attempt by defense lawyers to get the case dismissed.

Calling the ordinance a “euphemism for the city’s latest attempt at socioeconomic cleansing” in court documents, county public defenders asked the 4th District Court of Appeals last week to halt the trial and reconsider their pleas to dismiss the case from a lower court.

Deputy Public Defender Kevin J. Phillips, who represents six homeless defendants, said the court will probably halt all 25 cases that were set for jury trial Aug. 2 in Central Orange County Municipal Court.

Phillips said the stay might last only until the court decides on a petition submitted last week by the public defender’s office. That petition sought to have the appeals court overrule a municipal court denial of defense attorneys’ motions to dismiss the case.

The appeals court has been receptive to pleas by homeless advocates before. In June, the three-judge panel slapped Santa Ana with an injunction that prohibits officials from further enforcement of the municipal ordinance against camping--at least until the appeals court decides if the law is constitutional.

City officials said they will continue to enforce a similar state law--this one against lodging in public or private places--to roust the homeless who set up camp, especially in the Civic Center area. Several of the 25 homeless defendants were charged under the state law as well as the local ordinance.

Although prosecution of those defendants has been stopped, “the city has not been enjoined from enforcing any state law by the Court of Appeals,” said Santa Ana City Atty. Edward J. Cooper.

The 25 defendants--many of whom were cited for covering themselves with blankets--were among the first to be charged under the camping ban.