Mayor Moreno responds to downtown stabbing incident
Homeless have the right to sleep or camp in public spaces, says mayor
–Atascadero Mayor Heather Moreno released a statement in response to a fight that involved a stabbing and a baseball bat and left three wounded and two arrested last week:
I’ve received several emails, messages, and posts from constituents regarding criminal activity in the Sunken Gardens area. I want to share with you what I’m letting folks know.
The incident that took place in Centennial Plaza near Sunken Gardens on Thursday, which Atascadero’s law enforcement officers and other first responders dealt with quickly and efficiently, has raised some concerns. The City has previously taken actions to help ensure that our downtown area can be a safe and welcoming environment for everyone, which includes installing video surveillance cameras in strategic locations and focusing police officer presence throughout many areas of town, such as Centennial Plaza and Bridge, City Hall and Sunken Gardens. We fully agree that every Atascadero resident and visitor has the right to be able to safely enjoy all that our town has to offer and we will continue to work with community members, school and parent groups, and our local business owners to help ensure this is so.
It’s important for us all to remember that homelessness, in and of itself, is not a crime. Members of the homeless population have all of the same protections afforded to any other member of the community; that is to say, homeless individuals have the same rights as you and me, including the right to rest in a public space or place, without being subject to harassment or arrest. The State has determined that members of the homeless population have the right to decline admittance to a public or private shelter or any other accommodation, for any reason, without being subject to harassment or arrest. Additionally, if there are not enough beds available in a nearby no-barrier homeless shelter, they have the right to sleep or camp in public spaces without being subject to harassment or punishment.
While certain types of undesirable actions and illegal behaviors associated with the transient population, such as trespassing, littering, fighting, drug use and vandalism can be and are being addressed by our local law enforcement officers, simply “hanging out” or loitering in a public space or park is allowed and there is no legal action that can be taken against it. Propositions 47 and 57, passed by the voters in the State of California, further limit our ability to address illegal drug activity and have made many drug offenses misdemeanors which means that they are no longer offenses that we can take people to jail for.
Please know that we are doing, and will continue to pursue, whatever actions we are legally able to, in order to alleviate criminal activity from occurring.
