Sequel to Previous Posting (see below)

At about 12:30am, the same officer parked his vehicle and began striding down the sidewalk. This was one block over from the location previously reported about. It's typical for people to drift back into an area within days after folks have been chased out. After all, there still aren't any other places to go and there's the nightly need to be... somewhere.

This particular location is a sidewalk along one end of a block and, presumably, is one of the few places that people are ever allowed because it's in front of a large church property and, on the other side of the street, is a row of apartments mostly occupied by college kids (which have their own... uh, "disorderly" and dubious scenes) so perhaps it's felt that this is a lower impact situation than, say, where homeowners and families reside.

I'd only just arrived and so paused when I spotted the officer arriving, wondering if this meant a repeat experience pending -- possibly another routine roust. As he walked by me, heading down the lineup of sleeping persons toward a more active and boisterous group toward the far end, he seemed to recognize me and greeting me with: "Hello, sir." Unusually respectful.

I watched as he encountered others down the way, flashing his light onto the property and scanning for the more hidden ones. [It's "trespassing" to be ON that property]

After a short while, he walked back down my way and so I asked him outright if he was going to be making us go, again. He hesitated a moment and then responded: "Not right now." This kind of noncommital, opaque statement is common from the police. One must often try to 'read between the lines'.

But he then went on to strike up a conversation with me. He began by expressing his "frustration" about being missioned to go out on his beat and "chase" people around, fully aware that there are no other real alternatives or options that are any more 'legal' and nothing being provided by the Powers That Be, either. And that folks will only come back -- CAN only come back, being merely shuffled (harassed) back and forth among very limited options.

We briefly reviewed my own status, predicament and outlook. He seemed a bit intrigued about me and found me sober, sane and reasonably articulate and knowledgable. He wanted to know if I, personally, might have any ideas about any potential solutions or degree of relief for this paradoxical, impractical game board we're all on.

I admitted that I did have some opinions and maybe even pragmatic ideas, and that I also shared some of the very real concerns that housed residents and law enforcement obviously do, too. He then told me about his superior officer who is the person within the police department and is in charge of these campaigns, issuing orders for him and other officers to go out and handle these things as they are. And he gave me a business card for the guy, pointing out that his email address was on there -- encouraging me to contact him and attempt to strike up some kind of dialoque.

He then shook my hand and thanked me for the discussion, before heading off on his duties. He let us all remain, after having directed some to quiet down. I noticed that he did not ticket the few sleeping persons that were 'trespassing' on the property.

He told me that he'd just counted 40 people out there.

I 'overslept' about 15 minutes this morn. The tacit departure time from there is 7am. I was awakened by that same officer, walking down the sidewalk again, saying "Wake up! This is your Wakeup Call!" to everyone.

Berkeley Continues to Outlaw Homelessness

Pictured above: Police cruiser pulled up to curb at about 12:30am to awaken people and send them all away.


The officer was unusually polite, even respectful and (all the more unusual) expressed compassion -- while still having to do his job. Last night, that job included waking everyone up that he found sleeping on sidewalks or any other public places and sending them on their way to.... well, nowhere else to do any sleeping. As he explained, the city is "cracking down" on people sleeping... ANYwhere, that isn't rented or owned by those sleeping there.


He also reminded folks that former locations, like a number of local churches, that have historically looked the other way and allowed people sleeping-refuge, no longer were available. The city requires property owners to file a form with city hall, if they EVER want police enforcements for "trespassing" violations on their property, which also grants the city discretionary powers for such enforcements, too. Once filed, this means that then the police are empowered to come look for people on properties and cite or arrest them for trespassing, whether or not the rightful property owners have asked for that, complained or not.


Sleeping is NOT illegal in Berkeley. Nor is there any specific code outlawing sleeping in public places. However, all parks and other city locations are "closed" to ANY public use during night hours. And city code DOES include restrictions against such things as "obstructing the sidewalk" which can then be applied to someone sleeping at a curbside, even though NOT really obstructing the majority of pedestrian area of the sidewalk. Theoretically, someone might pull up to the curb at unlikely locations and park and a passenger may wish to exit the vehicle right there where someone is sleeping. So simply being there is what's illegal, if for more than an hour at a time.

The officer asked people for their names and dates of birth, so that if any were found sleeping somewhere else later, they could then be cited for a knowing infraction after having been duly advised. However, ID's weren't checked, and disclosing identity like that isn't legally required, so folks were being asked to provide the possibly incriminating info on an "honor system".


While I'd just been drifting off to sleep myself, the fact is I hadn't been there quite a full hour yet, so I'd not yet broken any laws. But I gathered my belongings up and headed out, of course.

A short while later, I arrived at one of the very few all-night corner markets and that same officer was there in the pårking lot, sitting in his car. To his credit, he approached me when he saw me and again apologized, expressing his regret and personal discomfort that while the Powers That Be would mission him with such a callous duty it wasn't also complemented with any offering of any reasonable alternatives or appropriate resources for people's basic human needs. He also offered to buy me a cup of coffee, which I graciously declined as I wasn't in that kind of need. Besides, a coffee at that hour would... well, keep me up. ;-)

I happened to know of a spot nearby, on private property but with some permission by the owners for such stays, that I've rarely used but had to on this occasion.

There were a lot of people out in the area I'd first retired and I can only wonder where everyone else may have gone. Or where we all will tonight.