Public Service for Camping Law Violators OKd

A judge agreed Thursday to dismiss about 50 misdemeanor cases against homeless men and women cited for camping if they complete a day of community service later this summer.

Municipal Judge Gregory Lewis called the arrangement a “just solution” that will spare a “heavy burden” for the county and court system.

Attorney Lloyd Charton, part of a defense team representing the homeless, said he expects his clients will find eight hours of community service, such as picking up trash, a fair trade-off for their past time spent sleeping in the Civic Center.

Charton hailed involvement by the judge and prosecution in crafting the agreement, which he called a “compassionate” and “innovative” response.

“We’re dealing with people who are at the very bottom of our economic scale,” he said.

Deputy Dist. Atty. Joel Stone said the number of cases and the county’s economic crisis were among the factors considered by prosecutors in agreeing to the deal.

“It was a unique situation that called for a unique arrangement, or agreement,” he said.

The California Supreme Court recently upheld Santa Ana’s 1992 anti-camping ordinance, one of the toughest in the nation, saying the law does not violate the constitutional rights of the homeless. The misdemeanor cases against the homeless had been held up in court pending outcome of the Supreme Court decision.

The Santa Ana ordinance makes it a crime punishable by up to six months in jail to use a sleeping bag or blanket or to store personal effects on public sidewalks, streets, parking lots and government malls.

Stone said the agreement will not affect any new or future camping citations.

As for the older cases, the defendants will have until Aug. 3 to complete a day of community service tailored to their physical abilities.

The judge set an Aug. 7 pretrial hearing for those who decline the offer or can’t be found. Some of the defendants also have other charges pending that will not be dismissed under the agreement.

With the agreement, Charton withdrew a request for $25,000 from the court he had made Wednesday to hire expert witnesses in case the defendants required trials. The experts would have been used to support defense arguments that the homeless, by necessity, were sleeping outdoors--not camping.

Charton and the other attorneys involved in the cases have been representing the homeless free.