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SAN DIEGO OFFICIALS HAVE AND CONTINUE TO DEPRIVE THOUSANDS OF LIFE'S BASIC NECESSITIES
In the last decades, disabled needs has grown as county and city official shun their duty of care under law to provide services and care to them.
This same system which is purported to restore individuals to self care and self sufficiency, instead leaves its disabled clients impoverished, sick, and homeless to die on the streets, as United States tax payers' dollars is sent to foreign countries in aid for war to kill people, including children.
Services are catered more for immigrants coming to the country versus those who already lived here, including homeless, disability, and medical services, making wait times for appointments and proper housing inexcusably long.
According to the CDC, more than one in four adults (28.7%) in the US have some sort of disability.
At least half of America's homeless population have some sort of intellectual or physical disability, and those with disabilities experience homelessness two and a half times greater than for those without disabilities.
It is estimated that anywhere from six to seventeen percent of those without shelter have a developmental disability, potentially including cerebral palsy.
At C4TWC, we envision a world where every person has access to the resources, they need to live a healthy, happy, and fulfilling life, irrespective of their disabilities, past, religion, personal identity (including gender, orientation, etc.), or any other demographic that has been used to divide our species.
These individuals do not need to share our views or beliefs in order to receive support as funding and resources provide.
We strive to create a world where everyone has the opportunity to thrive.
SAN DIEGO OFFICIALS HAVE AND CONTINUE TO DEPRIVE THOUSANDS OF HOMELESS INDIVIDUALS SHELTER, SAFETY, SECURITY AND ADEQUATE ACCESS TO HYGIENIC RESOURCES (BATHROOMS & SHOWERS).
IN A 2017 REPORT BY GARY WARTH OF THE SAN DIEGO UNION TRIBUNE, IT WAS REVEALED THAT SAN DIEGO VASTLY UNDERCOUNTS HOMELESS BY 50%. NATIONWIDE, IT IS ESTIMATED THAT HOMELESS COUNTS ARE ALSO UNDERCOUNTED, AS THE GOVERNMENT ACCOUNTING OFFICE (GAO) REPORTED IN AUGUST 2020.
ACCORDING TO A 2001 STUDY, HOMELESS COUNTS ARE ACTUALLY 2.5 TO 10.2 TIMES HIGHER THAN REPORTED, YIELDING A POTENTIAL TRUE COUNT OF ANYWHERE FROM 1.419 MILLION TO 5.79 MILLION.
THE VAST UNDERCOUNTING REVEALS THAT OFFICIALS ARE NOT TRULY SERVING THE NEEDS OF THE HOMELESS. HOWEVER, THEY GIVE OFF THE IMPRESSION THAT THEY ARE.
THOUSANDS OF INDIVIDUALS, INCLUDING THOSE WITH SPECIFIC CRIMES, ARE DENIED ENTRY TO SHELTER, HOUSING, SAFETY, SECURITY AND ADEQUATE ACCESS TO HYGIENIC RESOURCES (BATHROOMS & SHOWERS) AND LEFT ON THE STREETS WHERE DAILY THEY FACE HARRRASSMENT, PHYSICAL AND MENTAL HARM AND CRIMINAL PUNISHMENT FOR LIVING ON THE STREETS.
SO FAR, THE ONLY STATE IN THE US THAT HAS RECOGNIZED THE RIGHT TO SHELTER IS NEW YORK, WHERE HOMELESS INDIVIDUALS SUED THE STATE IN 1979 AND WON.
IN ADDITION TO ALL THIS, NO STUDIES HAVE BEEN CONDUCTED ON THE CONDITIONS OF SHELTERS IN SAN DIEGO TO DETERMINE IF THOSE CONDITIONS ARE CRUEL AND UNUSUAL, OR COUNTERPRODUCTIVE TO ASSISTING INDIVIDUALS TO ATTAIN SELF-CARE AND SELF-SUPPORT.
IN A FEBRUARY 2020 REPORT, IT WAS STATED THAT THE DEPRIVATION OF SHELTER MEETS THE CRITERIA TO BE CONSIDERED TORTURE UNDER THE 1984 UNITED NATIONS (UN) INTERNATIONAL CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT.
FURTHERMORE, IN ANOTHER REPORT, THE UNITED NATIONS CRITICIZED THE UNITED STATES FOR CRIMINALIZING HOMELESSNESS.
DURING THE HEPATITIS A OUTBREAK IN 2017, SLOW LEGISLATIVE RESPONSE LED TO 20 PEOPLE DYING.
NOW, DURING THE CURRENT SURGE OF COVID-19, SAN DIEGO IS POTENTIALLY DEALING WITH A MEDIUM SEVERITY AMONG ITS' HOMELESS POPULATION. WHEN TESTING WAS FINALLY CONDUCTED AT THE SAN DIEGO CONVENTION CENTER,
A MONTH AFTER OPENING AS AN ALPHA PROJECT-RAN CONGESTED AND UNSANITARY TEMPORARY SHELTER FOR HOMELESS PEOPLE IN DOWNTOWN SAN DIEGO, TWO HOMELESS INDIVIDUALS WERE FOUND TO HAVE CONTRACTED COVID-19.
IN FACT, DUE TO THE FAILURE OF HUD AND OTHER TOP STATE AGENCIES TO MONITOR THE EFFECT OF COVID-19 ON THE HOMELESS POPULATION, INFORMATION HAS NOT BEEN GATHERED REGARDING INFECTIONS OR DEATHS IN SOCIETYS' VULNERABLE GROUP.
IT WAS ESTIMATED THAT OVER 1,700 HOMELESS PEOPLE WOULD DIE FROM THE PANDEMIC, AND SO FAR AT LEAST 206 HAD PASSED AWAY AS OF AUGUST 2020. CURRENTLY, THE UNITED STATES HAS TOPPED 9.28 MILLION VICTIMS OVERALL (WITH OVER 231,000 DEATHS) AS OF NOVEMBER 2ND. CALIFORNIA HAS OVER 939,000 CASES (WITH OVER 17,600 DEATHS), AND SAN DIEGO COUNTY HAS OVER 57,000 (WITH 891 DEATHS).
IT IS ESTIMATED THAT ONLY 38% OF HOMELESS PEOPLE ABUSED ALCOHOL, 26% ABUSED OTHER DRUGS.
TWENTY TO TWENTY-FIVE PERCENT (20-25%) OF HOMELESS INDIVIDUALS SUFFER FROM SEVERE MENTAL ILLNESS, WHILE FORTY-FIVE PERCENT (45%) HAVE A HISTORY OF MENTAL ILLNESS DIAGNOSES.
IT IS ESTIMATED THAT AT LEAST 13,000 HOMELESS PEOPLE DIE EACH YEAR. IN SAN DIEGO, OVER 100 DIE- IN 2018 ALONE, 134 DIED, WHETHER ON SIDEWALKS, SHELTERS, HOSPITALS, OR JAILS. THIS NUMBER IS MORE THAN DOUBLE THE NUMBER WHO DIED IN 2010 (WHEN ONLY 53 HOMELESS PEOPLE DIED).
SAN DIEGO CORRUPTION
HOLD CALIFORNIA AND SAN DIEGO STATE & COUNTY ACTORS ACCOUNTABLE FOR BREACHING ITS DUTY
HOLD CALIFORNIA AND SAN DIEGO STATE & COUNTY ACTORS ACCOUNTABLE FOR BREACHING ITS DUTY
HOLD CALIFORNIA AND SAN DIEGO STATE & COUNTY ACTORS ACCOUNTABLE FOR BREACHING ITS DUTY
HOLD CALIFORNIA AND SAN DIEGO STATE & COUNTY ACTORS ACCOUNTABLE FOR BREACHING ITS DUTY OF CARE UNDER LAW IN FAILING TO PROVIDE EQUAL ACCESS TO HOMELESS ADULT
DEPENDANTS LIVING IN RURAL AREAS
In San Diego County, at least 9,905 people were found experiencing homelessness during the 2025 Point-in-Time Count, as calculated by the San Diego Regional Task Force on Homeless (RTFH).
This includes over 5,700 unsheltered individuals and almost 4,200 who are either in shelters or transitional housing.
One in three unsheltered homeless individuals were age 55 or older, with half experiencing homelessness for the first time.
Eighty-one percent (81%) of those counted this year stated they began to be homeless in San Diego County. Those living in their vehicles saw a seven percent (7%) increase.
Welfare and Institutions Code 15610.07 states:
(a) “Abuse of an elder or a dependent adult” means any of the following:
(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering
Welfare And Institutions Code 15610.10 states:
“Adult protective services” means those preventive and remedial activities performed on behalf of elders and dependent adults who are unable to protect their own interests, harmed or threatened with harm, caused physical or mental injury due to the action or inaction of another person or their own action as a result of ignorance, illiteracy, incompetence, mental limitation, substance abuse, or poor health, lacking in adequate food, shelter, or clothing, exploited of their income and resources, or deprived of entitlement due them.
Welfare And Institutions Code 15610.35 states:
“Goods and services necessary to avoid physical harm or mental suffering” include, but are not limited to, all of the following:
(a) The provision of 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.
(g) Transportation and assistance necessary to secure any of the needs set forth in subdivisions (a) to (f), inclusive.
Pursuant of WIC it states in pertinent parts:
“Care custodian” means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff:
State Department of Social Services and State Department of Health Services licensing divisions.
(q) County welfare departments.
u) Any protection or advocacy agency or entity that is designated by the Governor to fulfill the requirements and assurances of the following:
(1) The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental disabilities.
(2) The Protection and Advocacy for the Mentally Ill Individuals Act of 1986, as amended, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with mental illness.
(y) Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services to elders or dependent adults.
Hundreds of homeless adult dependents, including those who are disabled and living in rural areas, have been under the care of the County of San Diego Department of Health and Welfare for decades or more who are unable to protect their own interests, provide for themselves, and are dependent (falling under the legal protection of Adult Protective Services of this County and the State of California pursuant to law (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)) on the County and State for basic life necessities and to provide the care custodian of goods or services as fully described above.
BREACH OF DUTY OF CARE UNDER LAW BY STATE AND COUNTY ACTORS
Despite San Diego County State and County Actors duty of care owed to adult dependents including those that are homeless in rural areas, they have systemically breached their duty of care in failing to provide equal access to Homeless Court Assistance.
Furthermore, they have discriminatorily done so not only through their acts in not even making alternative reasonable accommodations to assist homeless individuals and adult dependents with access to Homeless Court Assistance in rural areas, but just outright excluding their existence.
For example, according to RTFH’s website, citywide homelessness went down anywhere from six to fourteen percent (6-14%), though nothing is mentioned about rural areas where homeless individuals may be. Nor does this include those who may be living in their RVs, trailers, or tents within campgrounds.
This is a gross oversight of accountability concerning rural areas, resulting in the failure to provide essential services to help those homeless adult dependents who are not in city centers, even if they are disabled.
VIOLATIONS OF ART. 1, §§ 1, 7, & 15
OF THE CALIFORNIA STATE CONSTITUTION
BY STATE & COUNTY ACTORS
Article 1 § 1 of the California Constitution states,
“All people are by nature free and independent and have inalienable rights.
Among these are enjoying and defending life and liberty, acquiring,
possessing, and protecting property, and pursuing and obtaining
safety, happiness, and privacy.”
Article 1 §7 (a) of the California Constitution provides in pertinent part that:
“A person may not be deprived of life, liberty, or property without
due process of law or denied equal protection of the laws…..
Article 1§ 15 of the California Constitution provides:
“Persons may not twice be put in jeopardy for the same offense,
be compelled in a criminal cause to be a witness against themselves,
or be deprived of life, liberty, or property without due process of law. “
UNUEQUAL TREATEMNT UNDER LAW
Homeless adult dependents including those disabled in rural areas of San Diego have a statement of right as California citizens under California Constitution Article 1 at § 1 to obtain happiness and safety, and that it is the goal of government, including at the City level, to provide happiness and safety for its’ citizens, ensure its’ citizens’ rights are protected, and that any violations of such are countered with judicial redress and remedy, where available.
As such, the conduct of State and County Actors have and continue to breach their duty of care to adult dependents, including those mentally ill, disabled, elderly who are homeless in rural areas by depriving them of essential services, including Homeless Court Assistance provided to other homeless adult dependents in non-rural areas, without due process of law through their unequal treatment in violations of Article 1, §§ 1, 7, & 15 of the California State Constitution.
San Diego County Cease & Desist-Inhumane Treatment of Homeless-Deprivation of Shelter
HOLD CALIFORNIA AND SAN DIEGO STATE & COUNTY ACTORS ACCOUNTABLE FOR BREACHING ITS DUTY
HOLD CALIFORNIA AND SAN DIEGO STATE & COUNTY ACTORS ACCOUNTABLE FOR BREACHING ITS DUTY
On March 3, 2022, we prepared a Cease and Desist regarding the inhumane treatment of homeless individuals, including the deprivation of shelter of San Diego homeless individuals.
On March 5th, 2022, Colleen Cusack Civil Attorney (who was not legally representing us with such), homeless advocate and acquittance of ours posted the Cease and Desist on her Twitter Account which yielded around 10,000 View in Two Days.
We are grateful to her and other homeless advocates like her who fight to protect the rights of the homeless who are suffering and dying on the streets.