Sunday, January 22, 2012

My Choice Living on "Private/Public" Land.

Living on "Public" land.
When one owns not a structure, but calls their natural world their home, are they homeless?

There are a few individuals granted a privilege to set and enforce laws. They were elected by those who participate in their game. However, this game isn't played by all. A good many individuals choose not to roll the dice and to sit at the same table playing their game. These certain individuals choose not to participate. However, by this choice, they are perceived as criminal, ticketing or jailing these certain individuals because of nonparticipation.

As much as one side justifies a good for all, it doesn't necessary have to be enforced or interrupted as a good thing. If it is good, it will be good.
Corvallis Municipal Court Judge Mark Donahue upheld the constitutionality of Corvallis’ “illegal camping” ordinance, which was challenged by a local man found sleeping in a van. The man, Jeffrey Sexson, received 11 citations for illegally camping in his van on city streets. Sexson’s lawyer, John Rich, cited State v. Wicks, in which the Portland Municipal Court ruled that enforcement of Portland’s camping ordinance violated basic constitutional rights and unfairly punished a person for fulfilling basic activities, such as sleeping. However, while Judge Donahue did not disagree with Rich’s legal argument, he did not believe the defense proved that Sexson was indeed a homeless person. In State v. Wicks, evidence and testimony, including bed shortages among shelters in the Portland area and personal history that made it difficult for the defendants to obtain housing, were provided to prove the defendants were unable to obtain housing, subsequently forcing them into homelessness. Thus, Sexson was found guilty on one count of illegal camping under Corvallis’s ordinance, which states, “no person shall sleep or lodge in or upon any sidewalk, street, alley, public right-of-way, park, or any property owned by the City of Corvallis.” Until Sexson’s case is appealed, Corvallis police will not issue any more anti-camping citations. However, both the police department and city attorney are planning to modify the ordinance until it can be an enforceable law if necessary.




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