A Palo Alto social justice attorney is working to protect Sunnyvale homeless who have been cited in Fair Oaks Park, claiming the citations are for unconstitutional ordinances.
“Sunnyvale regularly cites for vehicle habitation, but in a recent case, the Ninth Circuit Court of Appeals ruled that a similar law in Los Angeles was unconstitutionally overbroad,” said William Safford, a criminal defense lawyer with Safford Legal. “The court held that the law, which banned the use of a vehicle as ‘living quarters,’ was unconstitutionally vague and subject to arbitrary, discriminatory enforcement.”
Safford plans on defending upward of 25 Sunnyvale homeless who have been cited. He is also the founder of Homeless Criminal Defense, which performs one-on-one case evaluations with pro bono representation if the group takes on the case.
The homeless have used Fair Oaks Park in the past, particularly during the winter months when the county operated the neighboring armory site as a cold-weather shelter.
But since the armory closed in March, the city has seen an increase in the number of homeless in the park and a corresponding increase in complaints, according to Sunnyvale communications officer Jennifer Garnett.
Sunnyvale Department of Public Safety officers, who must uphold the city’s ordinances, have cited several homeless for various offenses, including camping overnight in parks.
Citations, and in some cases arrests, end up clearing out the park, but only temporarily.
Garnett said that the city is not aware of any complaints about unconstitutional citations at time, but that Sunnyvale officers continue to conduct regular security checks at Fair Oaks Park.
“We are actively working with Sunnyvale Community Services and the Downtown Streets Team to ensure services are made available to the homeless,” Garnett said. “Since August at the park, officers have served five warrants and taken 14 reports for a variety of issues, including public intoxication, vandalism and a minor in possession of cigarettes.”
Safford said the sleeping in the park ordinance is also vague and can lead to discrimination.
“The ordinance regarding sleeping in the park is complex and confusing,” Safford said. “It says no person shall sleep or lounge in the park or on park benches, engage in loud, boisterous, threatening language or engage in disorderly behavior. A lot of things are wrapped in there.”
Safford questioned what would occur if a grandparent or mother with a child fell asleep on a park bench.
“Nobody thinks Sunnyvale DPS is going to cite mothers with babies or a grandpa,” Safford said. “This ordinance is selectively being enforced, particularly for a group of people who are seen as undesirable.”
Safford added that he does pro bono work because he believes when the government decides that it wants to punish someone, the defendants should always have someone to stand next to them.
“When the government decides to punish someone, they should never be required to face that alone and should have someone who is an expert who understands what that means,” Safford said. “The whole reason we have a constitution is to recognize individual rights. That is what makes our society what it is, whether in the city of Sunnyvale or Palo Alto, or the United States.
“You should not be forced to face it alone, and that is why I do what I do.”
