============== URGENT -- PLEASE CROSS POST TO OTHER LISTS!!
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From: Brenda Grantland, Forfeiture Endangers American Rights
Sunday, August 1, 2004
The City Council of Eureka (county seat of Humboldt County, California)
has a proposed forfeiture ordinance on the agenda for Tuesday, August
3, which would make it a misdemeanor to loiter for the purpose of
soliciting prostitution or using, buying or selling drugs, and would
make cars that faciliate that loitering forfeitable. We just got a
copy of the proposed ordinance over the weekend, and unfortunately the
copy quality is too poor to scan. We're trying to get a data copy and
will send it out over FEAR-List and post it on the FEAR website
(www.fear.org) when we do.
Among the other curiosities of this piece of legislation, the
territorial reach for the new Eureka crime of loitering encompasses the
following locations -- and the adjacent block: "parks [blah,
blah,blah]... any public street or alley or parking lot." If you can't
loiter within the adjacent block of any public street or alley or
parking lot, then they've covered the whole city.
Warrantless seizures of vehicles are justified by probable cause to
believe the property was used "in violation of this chapter" -- that
means for merely loitering with (what the police believe is) the intent
to purchase drugs or engage in prostitution, they can take your car.
§132.23(B).
Eureka sits on California highway 101, the major (and only) artery
through the upper northern coast of California. Route 101 goes right
through that town, without a bypass where travellers from other areas
could skirt the city limits. Obviously, it's the perfect area for a
forfeiture trap, especially since Humboldt County is known for
marijuana production - reputedly the highest quality in the country.
"Traveling to a drug destination" is one of the elements of a drug
courier profile -- so half of the probable cause to stop any car found
traveling through Eureka and loitering - especially with out of state
tags - is already supplied by the town and its reputation!
This is a huge cause for concern to us at FEAR. Another vague and
unconstitutional forfeiture ordinance passed means another ordinance
we'll have to fight to get taken off the books. FEAR board member Mark
Clausen has filed civil suits to overturn several city-wide forfeiture
ordinances in California, and twice the court has found the ordinance
unconstitutional (Richmond and Sacramento). If Eureka passes this
ordinance, they can expect litigation over its constitutionality, and
should figure in those costs as they compute the profitability of such
a statute.
Another thing they should factor in is the damage to income from
tourism. This ordinance is a serious threat to vacationers and
travelers along the Pacific coast. There is no way to travel along the
coast from Oregon to Northern California without traveling on the
streets of this town. This new forfeiture ordinance should send a
stern message to tourists thinking of taking the picturesque coastal
route - stopping to rest and stretch your legs in Eureka might mean
losing your car! Take your tourist dollars elsewhere!
Anyone who contemplates taking the coastal route any time in the future
should write the Eureka City Council and let them know your objections
to this proposed ordinance.
Here's where to write:
City Council addresses:
virginia@ci.eureka.ca.gov
kerrigan@ci.eureka.ca.gov
mbwolford@ci.eureka.ca.gov
jleonard@ci.eureka.ca.gov
mjones@ci.eureka.ca.gov
Mayor: plavallee@ci.eureka.ca.gov
City Atty: dtranberg@ci.eureka.ca.gov
Please cc me (brenda1@fear.org), and also, Estelle Fennel at the local radio station, KMUD, with your views. Estelle Fennel's address at KMUD: efennell@kmud.org
Brenda Grantland
President, Board of Directors
Forfeiture Endangers American Rights
20 Sunnyside Suite A-204
Mill Valley, CA 94941
415-389-8551