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HUMAN RIGHTS VIOLATION REPORTS TO PRESIDENT DONALD TRUMP
UNITED STATES PRESIDENT DONALD TRUMP
WE RESPECTFULLY EMPLOY YOU TO READ AND ACT UPON THE BELOW PETITIONS OF GROSS HUMAN RIGHTS VIOLATIONS WHICH ARE BEFORE THE UNITED NATIONS FOR RESPONSE
URGENT REPORTS
ACT NOW TO END GROSS HUMAN RIGHTS VIOLATIONS
PETITIONS OF GROSS HUMAN RIGHTS VIOLATIONS
UNITED NATIONS TERMINATE POLICIES OBSTRUCTING RIGHT TO ASYLUM/TRAVEL
THIS IS AN URGENT CALL TO THE UNITED NATIONS TO ACT TO TERMINATE POLICIES & PRACTICES
UNLAWFULLY IMPEDING ON ONE SEEKING ASYLUM and/or THE RIGHT TO TRAVEL
DEFEND & UPHOLD HUMAN RIGHTS
For us, this issue is personal. We believe firmly in the fundamental right of every individual to seek asylum from persecution, a belief supported by international human rights laws.
However, around the globe, we've observed an alarming trend: nations mandating that asylum seekers embark on this complex process in a foreign country.
We see this requirement as an "iron curtain" that flagrantly infringes upon human rights in two significant ways.
RIGHT TO SEEK ASYLUM CHILLED AND IMPEDED-A HUMAN RIGHTS VIOLATION
Firstly, it effectively denies due process and practical alternatives for asylum seekers who cannot afford to journey overseas or for those limited by disabilities. They are unjustly left with no option but their perilous current circumstances.
Secondly, it denies both fairness and logical options for those who, for various reasons, cannot feasibly seek asylum elsewhere, leaving them stranded and vulnerable.
For example, in one reported case federal and state actors legitimately chilled ones pursuit to leave their country to pursue asylum and/or their right to travel, by falsely arresting and detaining them on the federal charges for allegedly falsifying information/false statements on a passport application and impeding on their paid expedited passport cost, nor returned said money.
Reason stands that anyone who has undergone such human rights violations would legitimately fear attempting to leave their country or reapply for a passport, least they be falsely arrested, detained and/or to reapply for a passport and pay money again.
DISCRIMINATION, UNEQUAL TREATMENT
&
CRUEL AND UNUSUAL PUNISHMENT
MIGRANTES AT THE MEXICAN BORDER PRIOR TO ENTRY INTO AMERICA ARE GRANTED ASYLUM, BUT AMERICANS ON AMERICAN SOIL CAN NOT ACQUIRE ASYLUM FROM AMERICA WITHOUT LEAVING IT FIRST
This policy and practice as reported is discriminatory and deprives equal treatment for Americans seeking asylum in violation of human rights.
OUR URGENT CALL IS TO THE UNITED NATIONS. an institution established to uphold human rights at a global level, to take a stand against these rights violations. With an estimated 26.4 million refugees worldwide, according to UNHCR data, the urgency cannot be understated.
We urge the United Nations to commit to the termination of policies obstructing the right to seek asylum and urge member states to abolish this "iron curtain" equivalent that impinges on a basic human right.
INVESTIGATE SAN DIEGO COUNTY FOR INHUMANE TREATMENT OF HOMELESS
In March of this year, OJO Labs, an Austin, Texas-based AI real estate firm has decreed San Diego the least affordable metro area.
Less affordable housing will result in more homeless in San Diego.
DEPRIVATION OF SHELTER
Homelessness is the most extreme deprivation of the right to adequate housing.
Sheltering oneself is not voluntary conduct; it is a basic human need, is harmless, and an act integral to the status of homelessness.
It is estimated that 13,000 homeless die every year.
In 2019 Lisa Halverstadt of Voice of San Diego reported that, "data from the county medical examiner’s office reveals 134 homeless San Diegans died on sidewalks and in shelters, hospitals or jails in 2018 – a total that likely only offers a glimpse of the tragedy since county staffers only probe a small fraction of local deaths."
People experiencing homelessness have a very high susceptibility for symptomatic infection and mortality from COVID-19 due to their living circumstances and inability to access regular medical care.
A 2021 report reflected that a total of 553 homeless individuals died of COVID-19 in the United States.
In California the total of that died from COVID-19 was 335, with 33 deaths in San Diego.
In 2021 the San Diego Housing Commission stated it would improve its housing programs to better serve a vulnerable population after the deaths of at least 12 tenants at hotels the city of San Diego purchased to house almost 400 homeless people in 2020.
Recent reports show that street homelessness had already soared by more than 60 percent downtown and areas and indicate a 44 percent spike in homeless death in the city from 2020 to 2021, however the County failed to account COVID-related deaths and deaths still under review from 2021.
Pursuant to California Social Services Welfare and Institutions Code 15610.07 and .35, the California Health and Safety Code, and the California Code of Regulations Title 9 and 22, it is the duty and responsibility of the County and the City under law to “provide protective services to adults who are unable to protect their own interests, to provide the care custodian of goods or services, including:
(a) Medical care for physical and mental health needs
(b) Assistance in personal hygiene,
(c) Adequate clothing,
(d) Adequately heated and ventilated shelter,
(e) Protection from health and safety hazards,
(f) Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment and
(g) Transportation and assistance necessary to secure any of the needs set forth in subdivisions (a) to (f), inclusive that are necessary to avoid physical harm or mental suffering.”
Such aid, care and support are to be administered in such a way as to restore such persons to a condition of self-care or self-support.
On March 5, 2022, San Diego Homeless filed a Cease and Desist via social media to County and City officials on the issue of the inhumane treatment of San Diego homeless population and its systemic failures to correct such.
Since then over 10,000 impressions, 818 engagements, 216 loves and 107 retweets on Twitter to the Cease and Desist have occurred and continues to rapidly spread and gaining the attention of other San Diegan.
HOW DOES YOUR ACTION TO THIS PETIITON IMPACT THE NATION?
1.) Throughout the United States ALL states and county have adopted similar charters, codes and ordinances providing a duty under law to provide proper care and support to adult dependents, including shelter.
Yet, state and county actors are systemically breaching their duty under law, duty of care, to thousands of adult dependents, including those that are disabled under law by depriving shelter in violation of an individuals basic human rights and the law.
END THE INHUMANE TREATMENT OF HOMELESS ADULT DEPENDANTS
STOP SAN DIEGO HOMELESS CRIMINALIZATION
"PUNISH ME FOR SOMETHING WITHIN MY CONTROL
NOT FOR SOMETHING BEYOND MY CONTROL."
-C4TWC
Homelessness is vastly undercounted citywide, with estimates of the true value ranging from 50% to 100% higher than reported.[1]
Nationwide, the approximation is between 2.5 and 10.2 times greater, according to a study done in 2001.[2]
The results of this crisis have been seen in the rapidly expanding tent encampments in downtown San Diego that have more than doubled in size.
Per homeless individual, it costs between $30,000 and $150,000 a year (dependent on geographical location) to provide services and keep this vulnerable population homeless.
Homelessness is not just a crisis, but also has been noted as an epidemic, and is a $781.7 billion a year[3] industry.
This means every taxpayer in the United States pays approximately $5018.96 per year toward maintaining homelessness. [4]
Even Amazon, who since the early 2000s has quietly received more than $1.5 billion in government subsidies, has joined in, building a homeless shelter within its’ Seattle headquarters which is aimed at sheltering 275 people at night.[5]
Even homeless students are suspected to be undercounted.
San Diego schools reported 20,600 students considered homeless throughout the 2017-2018 school year but is thought to be much higher.
A California State audit of school districts revealed more than 25% reported having no homeless students, hard to believe when viewed in comparison with the state’s homeless crisis.[6]
Given that evidence shows homelessness is perhaps half the amount greater than reported in San Diego, then is it safe to presume that living on the streets in San Diego poses greater risk to homeless individuals’ health and safety.
The Regional Task Force on Homelessness found that the homeless population in the City of San Diego included 817 people living in vehicles.[7]
Most homeless have no shelter available to them other than in their vehicles.
RV owners without physical addresses have no legal place to park their RVs at night. The few “safe lots” established in San Diego only serve a small portion of people with vehicles who are homeless, prioritize families with small children, and exclude RVs.
A January 2018 homeless count found 1,262 individuals lived in their vehicles, though the true number is likely higher as this did not include those who stayed in RVs.[8]
RV parks in San Diego charge high rents.
Monthly rentals in RV parks in the City of San Diego range from a low of $699 per month to a high of $1950 per month depending on the park and the time of year, which is unaffordable to most to all San Diego homeless.
For most, being homeless is not a choice.
There is insufficient number of temporary shelter beds available in the City as compared to the unsheltered homeless population forced to seek shelter on the streets, in parks, or in their vehicles.
There are hundreds more unsheltered homeless people forced to seek shelter in their vehicles than available emergency shelter beds, even when accounting for seasonal and overflow spaces.
Most homeless do not have any reasonably accessible and affordable places in the City to seek housing and shelter.
They are forced by the City to live on the streets deprived of security, peace, dignity, and happiness.
San Diego Homeless, live in constant fear of being ticketed, fined, arrested for illegal lodging and/or habitation in a vehicle on the streets, or have their property impounded, stolen and/or confiscated.
They sleep with little comfort at night in fear of the City harassing and ticketing them or some other harm befalling them from being forced to cruelly live on the streets without shelter, housing, adequate access to restroom facilities, or warmth, all at risk to their health, safety and well-being.
"In Martin v. City of Boise, the Ninth Circuit held that states and municipalities impose cruel and unusual punishment when they criminalize people experiencing homelessness for sleeping, lying, or sitting down in public places when they have nowhere else to go. Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019).
City Ordinances Punish Homeless Individuals Who are Homeless on the Streets
State law considers a person guilty of Disorderly Conduct, a misdemeanor, if the person “lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.” Cal. Penal Code § 647(e).
Violation of the statute carries a maximum penalty of six months in jail and a $500 fine.
The language of the statute makes clear that the City has the authority to grant permission to persons lodging in vehicles to stay on public property and therefore such arrests or threats of arrest are purely discretionary.
San Diego Muni Code § 54.0105(a) states it is unlawful for individuals to place, or allow to remain, any goods, wares, baggage, personal property or merchandise on any sidewalk or curb, between the outer edge of the sidewalk/curb and the property line.
Municipal code § 54.0110 states “It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object (e.g. ‘tents’) on any public street, alley, sidewalk, highway, or other public property or public right-of-way, except as otherwise provided by this Code. (emphasis added)”
In Code § 63.0102(b)(12), it is noted that overnight camping, lodging, sleeping, and tarrying in public parks and beaches is unlawful, unless in attendance of a function with prior permission of the City Manager.
The City’s “Prohibition of Use of Streets for Storage, Service or Sale of Vehicles or For Habitation” ordinance, San Diego Muni. Code § 86.0137(f), provides: “It is unlawful for any person to use a vehicle while it is parked or standing on any streets as either temporary or permanent living quarters, abode, or place of habitation.” The terms “temporary or permanent living quarters, abode, or place of habitation” are not defined. A ticket for vehicle habitation is punishable as an infraction by a fine of $40 plus a $12.50 surcharge and doubles if not paid in 21 days.
SDMC Section 86.23(h), 81.09(a)(1), & CVC Section 22669(d) states that It is unlawful to store, park, or leave standing any inoperable vehicle on public property. A vehicle will be considered unlawfully stored if it is inoperable and left standing four hours or more.
Vehicles are considered inoperable if they lack an engine or transmission or wheels or tires or any other parts or equipment necessary to safely operate upon a highway.
SDMC Section 86.23(g), 81.09(a)(1), & CVC 22651(k) states that it is unlawful to leave a vehicle standing or park any vehicle for more than 72 consecutive hours without being driven at least 1/10 of a mile.
VEHICLES IN VIOLATION OF THIS SECTION WILL BE CITED AND/OR TOWED WITHOUT FURTHER WARNING.
The City have had, and continue to have, a policy and practice of utilizing these ordinances to issue, and/or threaten to issue, tickets to the homeless and homeless vehicle owners, including individuals with disabilities.
They impose exorbitant penalties, arrest, and/or and to impound these individuals’ and families’ vehicles for failure to pay the penalties.
California Civil Code § 52.1, also known as the “Bane Act,” provides a cause of action to individuals whose exercise or enjoyment of rights secured by the United States and/or California Constitutions and other laws has been interfered with, or attempted to be interfered with, by another’s threat, intimidation, or coercion.
The City by their conduct and actions have interfered with, have attempted to interfere with, and continue to attempt to interfere with, by threat, intimidation, and/or coercion, including enforcing policies and/or practices against the homeless in San Diego for conduct beyond their control as a result of the City failing to provide any viable and reasonable accommodations.
There is no lawful justification for the City of San Diego to target the homeless, (whether sleeping on the sidewalks, in their vehicles, or in the RV's or trailers) with threats, intimidation or coercion for violating or complying to city ordinances when the City has provided no other alternative to them not to be homeless on the streets and interfere with their exercise of their constitutional and statutory rights while forced to live on the streets, merely to make the conditions for them so daunting and cruel in San Diego, punishing and to possibly force them to move out of town.
Actions that were and continue to be taken willfully and with malice and oppression in order to deter and/or prevent them from exercising their protected constitutional and statutory rights while forced to live on the streets.
For the above reasons, we petition to enjoin the City from enforcing the following Codes:
1) San Diego Muni Code § 54.0105(a),
2) San Diego Muni. Code § 54.0110,
3) San Diego Muni. Code § 63.0102(b)(12),
4) San Diego Muni. Code § 86.0137(f),
5) SDMC Section 86.23(h),
6) SDMC 81.09(a)(1),
7) CVC Section 22669(d),
8) Cal. Penal Code § 647(e).
Footnotes:
[1] Warth, Gary. “San Diego Vastly Undercounts Homeless, Study Says - The San Diego Union-Tribune.” News. San Diego Union-Tribune, August 13, 2017.
https://www.sandiegouniontribune.com/news/homelessness/sd-me-homeless-count-20170809-story.html
[2]
National Law Center on Homelessness & Poverty. “Don’t Count on It- How the HUD Point-In-Time Count Underestimates the Homeless Crisis in America,” 2017.
https://nlchp.org/wp-content/uploads/2018/10/HUD-PIT-report2017.pdf
[3] This value was reached by multiplying the 2019 PIT count of homeless individuals and families (567,715) by 10.2 (the highest percent of the range estimated to determine the annual homeless population count by the NLCHP) to reach 5.79 million.
This, then, was multiplied by 1.5, since it is estimated that the annual PIT counts are off by as much as 50%, yielding 8.686 million people per year.
Multiplying this value by $90,000 (average cost per year per homeless individual) yielded approximately $781.7 billion.
[4] Value reached by taking approximate annual cost spent on homelessness ($781.7 billion, see footnote 27 above on method of deriving this figure) and dividing it by the number of individuals filing tax returns in 2019 (155,610,000 per statistics from the IRS (see https://www.irs.gov/newsroom/filing-season-statistics-for-week-ending-december-27-2019 yielding a value of $5018.96 per taxpayer per year towards homeless services.
[5] Bendix, Aria.
“Amazon Is Building a Homeless Shelter inside Its Seattle Headquarters — Here’s a Look Inside.” Business Insider, November 8, 2019.
https://www.businessinsider.com/amazon-headquarters-homeless-shelter-seattle-2019-11
[6] Staahl, Derek. “Audit: Homeless Students Likely Undercounted.” KGTV, November 9, 2019.
https://www.10news.com/news/homeless-students-in-san-diego-county-likely-undercounted-audit-finds
[7] 2017 We All Count Results, supra at 16.
[8] Holder, Sarah. “The People Who Live in Their Cars.” City Lab. Accessed October 31, 2019.
Opposition to Governor Newsom's CARE Court Proposal-End Coerced Treatment
ARE YOU A RESIDENT OF CALIFORNIA?
ARE YOU HOMELESS AND SUFFER FROM A MENTAL ILLNESS AND/OR ADDICTION?
THEN BEWARE
As a solution to California’s worsening homeless epidemic, its’ systemic failure to adopt a “Housing First Policy”, its’ failure and duty under law to end the reckless endangerment of homeless people’s safety and well-being by depriving homeless shelter, housing and proper care and treatment, Governor Newsom unveiled the CARE (Community Assistance, Recovery, and Empowerment) Court Plan.
The new proposal could force an estimated 7,000 to 12,000 homeless into treatment who suffer from severe mental illnesses and addiction disorders for up to 12 months, and if they fail to successfully complete such, the Court will have the power to force the individual into hospitalization or conservatorship.
Many famous individuals have been under conservatorship or had to fight being unjustly ensnared to it. Singer Britney Spears was involuntarily placed under a conservatorship in 2008.
It took her 13 years (2021) to finally get released from its bondage, which she said was abusive and traumatic. Under conservatorship, her father among other actions forced her into rehab at the cost of $60,000 and denied her the ability to have an IUD removed so she could possibly have children.
In her court hearing she told the judge, "It makes no sense whatsoever for the state of California to sit back and literally watch me with their own two eyes, make a living for so many people, and pay so many people, [taking] trucks and buses on the road with me and be told, I'm not good enough. But I'm great at what I do. And I allow these people to control what I do, ma'am. And it's enough. It makes no sense at all."
Now if famous rich people have had to fight for their freedom and struggled to not be forced or to be release from treatment, hospitalization, or conservatorship, imagine the difficulty a homeless individual without riches will have to be free from this coerced care and bondage.
“Coerced Treatment is Not Care”
WE ARE IN COMPLETE OPPOSITION to Governor Newsom’s CARE Court program for the following reasons:
Breach of Duty Can Not Be Covered Up
1. The State of California and all counties thereunder prior to this proposed plan had a duty under law as custodians to provide the good and services to adult dependents.
Among them, medical care for physical and mental health needs, assistance in personal hygiene, adequate clothing, adequately heated and ventilated shelter, and protection from health and safety hazards.
As a result of the State of California and other counties breaching this duty to thousands of adult dependent homeless individuals, including those that suffer from mental illness(es) or addiction(s), they have recklessly endangered their health and safety, and committed gross human rights violations.
Guilty Until Proven Innocent;
2. The State of California and other counties already have in place the criminal system which grants the power to judges to order an individual suffering from severe mental illness(es) or addiction(s) into treatment after they been charged with a crime. This plan punishes those prior to even committing a crime.
Religious Infringement
3. We feel this plan, a government created one, infringes on churches and synagogues First Amendment exercise of freedom of religion by imposing government power to heal over the Churches (God’s) power to heal.