comments re human rights commission 8-1 draft

7/27/2019 Comments Re Human Rights Commission 8-1 Draft

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Comments regarding

Humboldt Human Rights Commissions DRAFT STATEMENT August 1, 2013

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J. Egger 8/30/13

DRAFT STATEMENT August 1, 2013,

(Paragraph numbers added)

I.

The Humboldt County Human Rights Commission has been involved for many months with the

countys Emergency Ordinance 2477, which added Chapter 2.5 to Division 6 of Title II of theHumboldt County Code, and Ordinance 2488, modifying and amending Ordinance 2477. These

ordinances dealt with issues largely covered by existing laws. The Human Rights Commission

met with CAO Smith-Hanes, heard from the public at a number of its public meetings, and

attended or followed on the TV broadcast many Board of Supervisors meetings, after which the

Commission made recommendations to improve the process through strategies of

communication, education, accommodation and enforcement. The Commission also requested

the ordinances be repealed.

II.

Based on a summary of all the aforementioned input, the Humboldt County Human Rights

Commission concluded that Humboldt County needs to have a policy statement related to the

protection of the First Amendment Constitutional rights of the public, while at the same timeprotecting the rights of all people to a safe and healthy environment. The Human Rights

Commission submits the following suggested draft document to the Board of Supervisors to

ensure protection of First Amendment Rights in Humboldt County.

III.

The First Amendment to the United States Constitution states, Congress shall make no law

respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the

freedom of speech, or of the press; or the right of the people peaceably to assemble, and to

petition the Government for a redress of grievances. This was extended to State and Local

Governments through the Due Process Clause of the 14th Amendment to the US Constitution.

The CA Constitution affirms this in Article I, Declaration of Rights.

IV.

The Humboldt County Courthouse is the seat of County government and is centrally located one

block from Eureka City Hall on one side and the Federal Courthouse on the other. It is

reasonable to expect that members of the public may regularly use the Courthouse grounds, and

other county controlled properties, to address their elected officials through public displays,

protests or other expressions of free speech. This has historically been the case, usually without

incident.

V.

The Humboldt County Board of Supervisors affirms that members of the public have the right to

access and use the County Courthouse and other county grounds for non-violent expressions of

free speech, all hours of the day or night, seven days a week, so long as they do not impedepublic access; create a public health and safety nuisance; violate generally accepted standards

of public decency; interfere with the rights of others to have fair and equal access to the same

space for their own free expression; or interfere with the county offices and personnel in

carrying out their work. Members of the public have the responsibility to ensure that their

constitutionally protected activities do not infringe on the rights of any other member of the

public.


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J. Egger 8/30/13

VI

If any additional restrictions are suggested to be placed on the free speech rights mentioned in

the previous paragraph, they must be subject to public review, within a defined time frame, and

the specific governmental interest to be served by these restrictions must be specified. Suggested

restrictions should be accompanied by an explanation of how and why such interest can not be

achieved through existing state or local codes. It is the responsibility of the Board of Supervisorsto ensure that any limitations do not infringe on the constitutional rights of any member of the

public.

VII.

The Board of Supervisors acknowledges and accepts the responsibility for informing and

educating the public, including elected officials, county staff, and law enforcement, about any

existing codes affecting the constitutional rights of the public, using all available means. The

Board of Supervisors shall develop procedures to meet the needs for communication, education,

accommodation and enforcement to address complaints and issues regarding First Amendment

Rights. The Humboldt County Human Rights Commission is willing to assist in development and

implementation of these strategies.VIII.

One of the most serious current public health issues, in addition to homelessness, is the lack of

public restrooms. It is difficult to enforce certain provisions of the health and safety portions of

the codes without providing public accommodations. The need for public restrooms and

adequate trash receptacles should be addressed. It is the recommendation of the Humboldt

County Human Rights Commission that publicly accessible restroom facilities and adequate

trash receptacles at the Courthouse be available 24/7. In addition, for all county properties, the

public has the right to make portable toilets and adequate trash receptacles available and

accessible in designated areas, and the responsibility to provide for their proper servicing and

removal.

IX.

Regulations concerning the health and safety of the public on county properties are generally

covered by existing city, county, or state laws (see attached Addendum.) The enforcement for

violations will remain consistent with existing laws. Citation and release should be the process

for enforcement of violations unless the law dictates differently.

X.

The recommended Addendum lists topics that generated complaints and resulted in the adoption

of Ordinances 2477 and 2488. Current laws, local and state, as they relate to these issues, are

referenced for easy identification.

XI.

The Humboldt County Human Rights Commission recommends that the Board of Supervisorsadopt this document as a policy of the board and endorse the addendum to be used in the future

for communication, education, accommodation and enforcement. We recommend that the Board

of Supervisors make these documents available for communication and education of county

officials, county employees, and the public. The Humboldt County Human Rights Commission

is willing to help with this work. The Humboldt County Human Rights Commission further

recommends that the Board of Supervisors should then repeal in their entirety Ordinances 2477

and 2488 as well as Chapter 2.5 to Division 6 of Title II of the Humboldt County Code.


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Comments regarding


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J. Egger 8/30/13

Areas of agreement

Paragraph I

1. The codes (Chapter 2.5) added to the Humboldt CountyCodes by the Ordinance 2477 dealt with issues largely

covered by existing state and local codes.

2. In the past the Human Rights Commission (HRC)recommended strategies of communication, education, and

accommodation prior to enforcement.

3. The HRC has previously requested that Chapter 2.5 berepealed.

Paragraph II

4. There needs to be something to ensure protection of thepublics rights on public property to speak freely, peacefully

assemble and/or petition government (Constitutional

rights).

5. The County has a responsibility to protect the public healthand safety.

Paragraph III

6. Our First Amendment rights of free speech, peacefulassembly and petitioning government are fundamental

rights.

Paragraph IV

7. Public grounds owned or leasedby County governmenthave historically been used to exercise Constitutional rights.

The traditional public forum in front of the County

Courthouse particularly and frequently has been used for

these purposes, sometimes by multiple and competing

members of the public.

8. Except for Occupy Eureka, the historical use of thetraditional public forum in front of the Courthouse has been

without incident.

Paragraph V

9. Members of the public have the right to access and use theCounty Courthouse and other County grounds for

Constitutional activities, all hours of the day or night, seven

days a week, so long as.

Areas for discussion

4. A policy statement will

protect rights?

6. CAs Constitution may

provide even greater protection

in some ways than the First

Amendment

7. Also used for peaceful

assemblies and petitioning of

government, by multiple and/or

competing interests.

8. Government actions related

to Occupy should not be

ignored; accusations against

Occupy should be examined.

9. The threshold for

government intervention

should be higher to avoid

misuse of police powers and

public funds.


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Comments regarding


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J. Egger 8/30/13

Areas of agreement

10.County government is responsible for ensuring the continuedfunctions of County Government, maintaining public access

to County offices, and general public health and safety.

Paragraph VI

11.Any proposed restrictions on constitutionally protectedactivities must be subject to public review through a clearly

defined process.

12.Any proposed restrictions must serve a significantgovernmental interest that cannot be achieved through other

means.

Paragraph VII

13.Board approved staff policies and procedures forcommunication, education, accommodation and police

intervention in relation to constitutionally protected activities

on County leased/owned property could and should strive to

create a more welcoming environment for the public engaged

in those activities, while protecting public property and the

functioning of County government.

Paragraph VIII

14.Homelessness is a serious current public health issue.15.The lack of public toilets, or the restrictions on privately

owned public toilets creates a serious public health issue.

16.Not in HRC draft, but I believe it is an area of agreement thatthe County Courthouse and Jail public area were closed at

night. Denial of Occupy request to install for themselves a

portable toilet contributed to a climate of resentment and

hostility and impacted the ability of some members of the

public to participate fully in the assembly.

17.Not in the HRC draft, but I believe it is an area of agreementthat the closing of the Jail public toilet extended the impact

from nighttime into the evening and all hours during theweekend.

18.The HRC recommendations re public toilets at theCourthouse and public provision elsewhere. It should be

noted that the County removed trash and even provided

extra receptacles; some of what was considered trash were

often the meager personal property of the homeless.


10. What rights are being

referred to in last sentence of

paragraph V?

11. Process needs to be

defined, and review of the

documentation of significant

governmental interest added

12. Other means such as

communication, education,

and accommodation.


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Comments regarding


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J. Egger 8/30/13

Areas of agreement

Paragraph IX

19.Chapter 2.5 language concerning health andsafety are generally covered by existing

municipal, county and state codes (see

attached Addendum).

Paragraph X

20.The addendum lists some of the complaintscited to justify adding Chapter 2.5 and the

current laws (local and state codes) related to

those complaints.

Paragraph XI

21.The Board of Supervisors should act.22.Repeal of Chapter 2.5 of the Humboldt

County Code would address the concerns

about some language that impacts on the use

of the traditional public forum in front of the

County Courthouse for constitutionally

protected activities.


19. Use of petty crimes to harass is an issue to

address.The issue of enforcement through citations

should be publicly discussed.

20. There is a lack of documentation for some

complaints. The fact that complaints continued

after Chapter 2.5 enforced not addressed.

Protester complaints re Constitutional issues,

actions of law enforcement and the taking of

property not addressed.

21. Will Constitutional rights be protected by

proposed policy (paragraphs III to IX)?

The Addendum will require annual updating and

would do little to communicate or educate

regarding Constitutional rights.

22. Unclear about the purpose of repealing

Ordinances and the effect on the historical

record.

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