Points and Authorities

In relation to the City’s original decision to site the Bayview Vehicle Triage within 300′ of Parcel F of Hunter’s Point Shipyard without notice to the incoming person (or the staff, for that matter), I turn to the Flint, Michigan case: From National Law Review March 18, 2019

Guertin v. State of Michigan 924 F.3d 309 (6th Cir. 2019) the Sixth Circuit held that officials responsible for the decision to change Flint, Michigan’s water supply, leading to lead-contamination of water is not protected by qualified immunity. The court also allowed a claim of violation of bodily integrity under the 14th Amendment Due Process Clause to continue.

For qualified immunity to apply, an individual must be acting in their capacity as a public official and must have made a reasonable, but mistaken judgment 1bout an open legal question. The plaintiffs bear the burden of showing that a defendant is not entitled to qualified immunity. To do so, plaintiffs must demonstrate that the official violated a statutory or constitutional right and the right was clearly established at the time of conduct. The 14th amendment Due Process Clause restricts government action by preventing abuses of government power.

Plaintiffs in Guertin allege a violation of their right to bodily integrity, which allows individuals “to be free from forcible intrusions on their bodies against their will, absent a compelling state interest.” The right to bodily integrity also includes the right to be free from “arbitrary and capricious government actions that ‘shocks the conscience’ and violates the decencies of civilized conduct.” While there is no fundamental right to water or to live in a contaminant-free environment, the Sixth Circuit found that the defendant’s did not provide notice to Flint residents about the lead-laced water and encouraged residents to continue drinking water despite knowledge about the corrosive nature.The Court held that defendants knew that water treatment was necessary.

Additionally, the defendants knew the water distribution system was corroded but announced that the water was safe to drink. In light of these actions, the Court concluded that “knowingly and intentionally introducing life-threatening substances into an individual without their consent violates the right to bodily integrity. Judge Griffin, writing for the majority, found lead-contaimination was a predictable harm directly affecting plaintiffs’ bodily integrity.

However, these decisions did not arise out of a time-is-of-the-essence necessity, thus city officials were able to think through their decision making. Moreover, Flint is required to supply residents with water…defendants assured citizens of water potability leading Flint residents to drink contaminated water.

Lastly, the Court highlighted that there was no legitimate government purpose for switching water source. “Purely economic and that the decisions arose to the level of ‘deliberate indifference ‘ … ‘shocked the conscience’ and are ‘a classic example of invading the core of the bodily integrity protection.

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In charge of Hunter’s Point development in general is the Office of Development, Community Investment, and Infrastructure.

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Cal. Veh. Code 22650 (b) Any removal of a vehicle is a seizure under the Fourth Amendment of the Constitution of the United States and Section 13 of Article 1 of the California Constitution and shall be reasonable and subject to the limits set forth in the Fourth Amendment jurisprudence without a warrant.

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42 U.S.C. 1396 (a)(10)(c)(i)(lll) and 42 C.F.R. 435.601 federal laws that require state’s resource rules for determining Medicaid eligibility for SSI-related people (aged, blind, or disabled) can be no more restrictive than the federal rules.

20 C.F.R. 416.1218(b)(1) SSA allows its recipients a second passenger vehicle if it is “necessary for employment”, “necessary for medical treatment of a specific or regular medical problem”, or “necessary because of climate, terrain, distance, or similar factors to provide necessary transportation to perform essential daily activities”.

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Ca. Gov. Code Section 65662 – [Effective until 1/1/2027] Use by right: A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of this article. A local jurisdiction shall permit a Low Barrier Navigation Center development provided that it meets the following requirements:

(a) It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. Ca. Gov. Code § 65662 Added by Stats 2019 ch 159 (AB 101)

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WELFARE AND INSTITUTIONS CODE – WIC DIVISION 8. MISCELLANEOUS [8050 – 8266] CHAPTER 6.5. Housing First and Coordinating Council [8255 – 8257.2] 8255:

(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257.

(b) “Core components of Housing First” means all of the following:

(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services.

(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.”

(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.

(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals.

(5) Participation in services or program compliance is not a condition of permanent housing tenancy.

(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.

(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.

(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.

(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.

(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.

(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.

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The word tenant, or tenancy, is used 13 times in WIC 8255

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Cal. Civ. Code 1708 invasion of privacy with a camera (night staff takes my photo with their cell phone as I accept the dinner, it’s disturbing. One Urban Alchemy staff hands the food while another, on the cart or walking behind it, takes the photo; it’s not just me, I have seen them take photos of others too; there have been many occasions our photos have been taken).

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Harvard Law Review Dec 15, 1890 Vol. IV. No. 5

That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society. Thus, in very early times, the law gave remedy only for physical interference with life and property, for trespass vi et armis. Then the “right to life” served only to protect the subject from battery in it’s various forms; liberty meant freedom from actual restraint; and the right to property secured to the individual his lands and his cattle. Later, there came a recognition of man’s spiritual nature, of his feelings, and his intellect. Gradually, the scope of these legal rights broadened; and the right to be let alone, the right to liberty secures the exercise of extensive civil privileges and the term “property” has grown to comprise every form of possession – intangible, as well as tangible.

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WIC 9200

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WIC 10000

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SF Admin Code 30 re. staffing @ nav. centers

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Three levels of law (federal, state, local) preventing people living on a known hazardous site, this one most especially.

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Cal. Civ Code 51

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Cal Civ Code 11135

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Fair, Accurate, Inclusive, and Respectful Act of 2011 (California)

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Elder/ Dependant Adult abuse/ financial fraud to promise and promise and promise. And who else but the gypsyTraveller worldwide is expected to live without utilities? And no one thinks it wrong. In the media again and again, and no one thinks this is wrong. Deliberate indifference.

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SFPD code 97-98 not adhered to in the creation of the VTC:

ARTICLE 1.1:
REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION

Sec. 96.	Definitions.
Sec. 97.	Use of Vehicles for Human Habitation Prohibited.
Sec. 97.1.	Exceptions.
Sec. 98.	Penalty.
Sec. 99.	Severability.

SEC. 96. DEFINITIONS.

For the purpose of this Article the following words and phrases shall mean and include:

(a) House car. House car shall mean a motor vehicle originally designed or permanently or temporarily altered and equipped for human habitation, or to which a camper has been permanently or temporarily attached.

(b) Camper. Camper shall mean a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.

(c) Trailer Coach. Trailer coach is a structure designed to be drawn by a motor vehicle for human habitation, or human occupancy, for carrying persons or property on its own.

(d) Person. An individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit excepting the United States of America, the State of California, and any political subdivision of either thereof.

(Added by Ord. 77-71, App. 4/2/71)

Editor’s Note:
For the material added to Art. 1 of this Code by Ord. 212-12 and designated therein as Secs. 96 through 96.6, see Secs. 94 through 94.6.

SEC. 97. USE OF VEHICLES FOR HUMAN HABITATION PROHIBITED.

(a) No person shall use or occupy or permit the use or occupancy of any house car, camper or trailer coach for human habitation, including but not limited to sleeping, eating or resting, either single or in groups, on any street, park, beach, square, avenue, alley or public way, within the City and County of San Francisco between the hours of 10:00 p.m. and 6:00 a.m.

(b) No person shall use or occupy or permit the use or occupancy of any motor vehicle for human habitation, either single or in groups, on any street, park, beach, square, avenue, alley or public way, within a residential neighborhood of the City and County of San Francisco between the hours of 10:00 p.m. and 6:00 a.m. For the purposes of this Section, “motor vehicle” shall mean any self-propelled vehicle other than a house car, camper or trailer coach. “Residential neighborhood” shall mean any area of the City zoned for R-H, R-M or R-C use under the City Planning Code, and “habitation” shall mean the use of a motor vehicle as a dwelling place, and shall not mean the use of a motor vehicle for allevation of sickness or temporary physical inability to operate such motor vehicle.

(Amended by Ord. 417-84, App. 10/5/84)

SEC. 97.1. EXCEPTIONS.

(a) The General Manager of the Recreation and Park Department may by written permit allow the use or occupancy of any housecar, camper or trailer coach on or in any property under the jurisdiction of the Recreation and Park Commission when he finds that such use is necessary for the operation and protection of City property and livestock.

The permission granted by the General Manager may be revoked upon five days written notice to the permittee.

(b) Persons who have been given a license by the City to park and sleep in their vehicle at a Safe Overnight Parking Lot or a Vehicle Navigation Triage Center in accordance with Administrative Code Chapter 119 shall not be subject to the penalties set forth in Section 98 of this Article 1.1 while using or occupying their vehicle for human habitation, provided that such use or occupancy occurs on the premises of the Safe Overnight Parking Lot or Vehicle Navigation Triage Center to which they have been given a license.

(Added by Ord. 77-71, App. 4/2/71; amended by Ord. 118-19, File No. 190413, App. 6/28/2019, Eff. 7/29/2019)

SEC. 98. PENALTY.

Any person who violates any provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction such person shall be punished by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

(Added by Ord. 77-71, App. 4/2/71)

SEC. 99. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(Added by Ord. 77-71, App. 4/2/71)

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…and then there’s “intentionally creating conditions impossible for the group to survive.”

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I could go on and on.