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.
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