On July 22, the online news agency the New Mexico Sun published the guest column “APD’s stated 97% clearance rate for homicides in 2022 is misleading. Below is the guest column followed by the link:

HEADLINE: APD’s stated 97% clearance rate for homicides in 2022 is misleading.

By Pete Dinelli

“On May 19 and July 19, APD officials proclaimed they had a 97% homicide clearance rate for 2022 with 47 suspects arrested, charged or identified in 40 recent and past homicide cases. The 97% figure is very misleading.

City residents can only take limited comfort with APD being able to increase solving the number of homicide cases. City residents should not be lulled into a sense of safety simply because APD proclaims it has a 97% clearance rate when in fact it is actually upwards of 40%. The blunt truth is the solving of murder cases does not and will not make the city any safer.”

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/629158219-apd-s-stated-97-clearance-rate-for-homicides-in-2022-is-misleading
__________________________

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:
https://newmexicosun.com/

On July 21, the 8th publicly televised hearing of the US Congressional investigating the January 6 capitol riot was held. The committee is not expected to issue it final report for a few more months. The biggest question that hovers over the committee is whether or not it will refer the entire matter to the US Department of Justice to indict Donald Trump and others for sedition.

WHAT THE EVIDENCE REFLECTS

The facts amassed by the House select committee are damning and reflect a President so desperate to hold onto power to the point that he and his staunches supporters did everything they could do to stop the peaceful transition of power by promoting the great lie that the election was rigged to the point of orchestrating a violent and deadly attack on congress. The evidence presented and revealed during the 8 hearings are overwhelming with many elected Republicans, such as Senator Josh Hawlings and Representatives Jim Jordon, becoming active participates.

Following are the undisputed facts that can be gleaned for the 8 hearings:

Trump could have harbored no doubt that he lost the election and lost it resoundingly. This fact was driven home to him repeatedly by Attorney General William Bar, senior Justice Department officials, White House lawyers and his own campaign team who made it clear to him he lost the election and there was no evidence to support his contention that there was widespread election fraud. In fact, 50 out of 51 lawsuits were dismissed by the federal courts finding there was no election fraud.

Trump repeatedly pressured state officials to support his scheme to overturn the election. The best examples was when he made the call to Georgia Secretary of State Brad Raffensperger to “find” the necessary number of votes to win the state and his pressure on Arizona House Speaker Russell “Rusty” Bowers to support a slate of phony electors.

Trump’s TWEET to come to Washington on January 6, 2021 where he said “Be there, will be wild”, was the desperate culmination of his frustrated attempts to forestall the vote counting by other means.

Trump secretly plotted to urge his supporters to march on the Capitol January 6 and it was no ad-libbed invitation but a premeditated, closely held plan to assault the capitol and stop congress from voting to certify the election of Joe Biden.

It was made clear from testimony from Trumps own appointed officials across the administration, including White House Chief of Staff Mark Meadows and Director of National Intelligence John Ratcliffe, that violence was feared as erupting on January 6. White House aide Cassidy Hutchinson said it best when Mark Meadows warned “Things might get real, real bad on January 6!”

Trump wanted to join the mob on January 6 in marching on the Capitol, perhaps even lead the charge into the capitol, and that this was his plan all along. Trump’s own White House Council believed this would be “legally a terrible idea for us” and that Trump became was enraged when he was prevented by the Secret Service from going to the capitol but instead returned him to the White House.

Trump was fully aware that some of the supporters he urged to go to the Capitol and “fight like hell” were heavily armed.

When rioters breached the Capitol, Trump was watching the event unfold on TV in the White House and the he was content not do anything to stop the rioters. Chief of Staff Mark Meadows told White House Counsel Pat Cipollone “He doesn’t want to do anything, Pat.” Claims made by Trump’s lawyers during his second impeachment that he “like the rest of the country, was horrified at the violence” were simply a lie.

Trump was totally unfazed by the chants to “hang Mike Pence” and in fact said he thought Pence deserved that fate for resisting his pressure not to certify the electoral college vote.

It was a lie when Trump impeachment lawyer Michael van der Veen said the evidence presented showed that “at no point was the president informed the vice president was in any danger”. Trump was told but he did not care if Pence was in danger of physical harm. The evidence was clear how close Pence got to being harmed with his own security detail so concerned for their lives they started making calls to their families to say goodbye.

STEVE BANNON DISCLOSES DECLARING VICTORY IN DEAFEAT WAS TRUMPS PLAN ALL ALONG

Towards the end of the July 21 congressional hearing, the committee presented evidence of what Trump’s plan was all along if he lost the election, which was to declare victory and engage in the big lie that he won the election.

On July 12, the online news agency Mother Jones reported that on the evening of October 31, 2020, Steve Bannon told a group of associates that President Donald Trump had a plan to declare victory on election night, even if he was losing. Bannon explained Trump knew that the slow counting of Democratic-leaning mail-in ballots meant the returns would show early leads for him in the battleground states. It’s commonly referred to as the “red mirage” where early votes first show the Republican winning only to lose after absentee votes are counted.

According to audio of the meeting obtained by Mother Jones, Steve Bannon while laughing, told the group of business executive that Trump’s “strategy” was to use the “red mirage” to assert that he had won the election while claiming that the inevitable shifts in vote totals toward Joe Biden must be the result of fraud. Bannon is heard as saying:

“What Trump’s gonna do is just declare victory. Right? He’s gonna declare victory. But that doesn’t mean he’s a winner. … He’s just gonna say he’s a winner. … He’s gonna declare victory. But that doesn’t mean he’s a winner. … As it sits here today … at 10 or 11 o’clock Trump’s [when Trump is leading, he’s] gonna walk in the Oval, tweet out, ‘I’m the winner. Game over. Suck on that.'”

On July 22, Steve Banon was convicted of 2 counts of Contempt of Congress by a jury of 9 men 3 women. Each count carries a minimum of 30 days and a maximum of one year in jail, as well as a fine. The jury returned a verdict after deliberating for less than three hours. Bannon is expected to be sentenced on October 21.

https://www.cnn.com/2022/07/22/politics/steve-bannon-contempt-of-congress-january-6-verdict/index.html

NOT THE ONLY TIME

Trump’s plan to falsely declare victory while tens of millions of votes were still being counted was public knowledge even before the election. The online news agency Axios reported on the scheme at the time. Steve Bannon, one of Trump’s closest advisors, himself discussed the idea on election day November on his War Room podcast.

Weeks earlier, Bannon had interviewed a former Trump administration official who outlined how Trump would use allegations of fraud to dispute an electoral defeat and would seek to have Congress declare him the winner. The congressional committee investigating January 6 detailed how Rudy Giuliani convinced Trump to go ahead with a victory declaration after 2 a.m. on November 4, over the objections of campaign staff. “Frankly, we did win this election.” Trump insisted in news conference.

The link to quoted news source material is here:

https://www.motherjones.com/politics/2022/07/leaked-audio-steve-bannon-trump-2020-election-declare-victory/

CHARGES THAT TRUMP COULD FACE

The criminal statutes that Trump violated include 18 U.S.C. Section 1512(c), which applies to anyone who “corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so.” Section 18 U.S.C. Section 371 also would apply which prohibits conspiracy “to defraud the United States”. Such defrauding includes efforts to obstruct “the lawful functions” of any department of Government.

AT LEAST 5 FEDERAL CHARGES

There are at least 5 federal charges Trump can and should be prosecuted for and those charges are:

1. Obstructing an official proceeding of the United States Congress and the certification of the election.

5. Obstruction of justice

STATE OF MIND

The biggest hurdle federal prosecutors will have to deal with in criminally charging Trump is proving his “state of mind”. Trump’s defense will no doubt be that what he said to the crowd on January 6 was protected “free speech”. Courts have routinely set this bar very high in the context of political speech because the First Amendment broadly protects speech of that type.

It is well settled case law that only incitement to “imminent unlawful action” is sufficient. It must be shown that the speaker had to know that the crowd would immediately break the law. A political statement by the President of the United States will be viewed as protected by the First Amendment, most likely by the current United States Supreme Court, but even they cannot ignore concrete evidence, action and admissions revealing state of mind.

In order to convict Trump of criminal charges, federal prosecutors will be required to prove “beyond a reasonable doubt” that Trump had the “corrupt” state of mind. That burden of proof applies to the charges of inciting a riot and obstructing an official proceeding of the United States Congress.

The most damaging testimony of Hutchinson that eviscerates any defense of free speech is when Trump said he didn’t “fucking” care that they had weapons. Trump proclaimed “They’re not here to hurt me”. Trump was repeatedly warned that there could be violence, he knew the crowd was armed. Trump went so far as to order the metal detectors removed from the area so that his supporters could listen to his speech without being disarmed first by the secret service.

Hutchinson’s testimony was a firsthand account of the events as they unfolded and reveals for the first time Trump’s state of mind that would be admissible in court against Trump on the charge of inciting a riot. Hutchinson testified repeatedly that she was present during conversations Trump had with Trumps Chief of Staff Mark Meadows and others and she took notes.

Hutchinson testified that Trump clearly announced his disregard for potential violence by his supporters, and she heard firsthand from people who described the president’s anger at being told he could not lead his followers on their march to the Capitol where the presidential vote was to be certified.

Hutchinson’s testimony was clear that Trump wanted to go to the capitol that day after his speech where he inflamed the crowd to march on the capitol and became angry and said “I’m the fucking president” when told by secret service he could not go because it was too dangerous. Simply put, this testimony was the “smoking gun” needed to prove that the person speaking meant to incite imminent violence.

What is clear is that Trump knew the crowd was armed, he ordered that metal detectors not be used to keep his supporters out that he had summoned and were there to hear him speak. Trump was warned repeatedly of the potential violence. Once the crowd was assembled, Trump inflamed them to march to the capital to stop the congress from certifying the election. The angry mob Trump inflamed did his bidding and stormed and vandalized the United States Capitol. What is even more clear is that Trump wanted to go to the capitol himself to lead the charge invading the capitol building.

CONSPIRACY TO DEFRAUD THE UNITED STATES

In a March 2 filing, the committee said it was likely that Trump and others conspired to defraud the United States, which criminalizes any effort by two or more people to interfere with governmental functions “by deceit, craft or trickery.”

In addition to Trump’s efforts to pressure Pence, the committee cited his attempts to convince state election officials, the public and members of Congress that the 2020 election was stolen, even though several of his allies told him there was no evidence of fraud.

According to video testimony shown on Tuesday, June 28 by the committee from Kayleigh McEnany, Trump’s White House press secretary at the time, Trump was so enraged by then-Attorney General Bill Barr’s interview with the Associated Press saying there was no evidence of election fraud that Trump threw his lunch at the wall, breaking a porcelain dish and leaving ketchup dripping down the wall.

SEDITIOUS CONSPIRACY

Prosecutors already have charged more than a dozen members of the far-right Proud Boys and Oath Keepers groups who were at the January 6 riot with seditious conspiracy, a rarely used statute that makes it illegal to overthrow the U.S. government by force. To prove seditious conspiracy, prosecutors would need to show Trump conspired with others to use force. Cassidy Hutchinson is consistent with that theory when she testified about others organizing the riot with Trumps approval and his knowledge on the day of the riot that the mob was indeed armed.

OBSTRUCTION OF JUSTICE

At the end of Hutchinson’s testimony, Representative Liz Cheney, a Republican, presented possible evidence of witness tampering and obstruction of justice. Cheney showed messages to unidentified witnesses advising them that an unidentified person would be watching their testimony closely and expecting loyalty.

If the committee has evidence that the people who sent the messages had a “tacit understanding” with Trump, prosecutors could use it to show there was a conspiracy to tamper with witnesses said Daniel Medwed, a law professor at Northeastern University in Boston. Medwed had this to say:

“They were setting the table for witness tampering and likely have other witnesses coming in to nail that down.”

https://www.reuters.com/

No matter what the law says or what the facts reveal, the Department of Justice attorneys must prove all the elements of a crime against Trump beyond a reasonable doubt before a jury. There is no doubt if Trump is indicted, he will defend what he has said and did in public as protected free speech. Applying the elements of the crimes to the conduct of a president who would argue that he was acting in the exercise of his official duties will no doubt raise complicated questions of constitutional law that will require court rulings.

DEPARTMENT OF JUSTICE CHARGING TRUMP IF HE RUNS AGAIN

“On Sunday, July 17, it was widely reported that that former President Donald Trump has made up his mind about running again and that he may announce a 2024 run for president as soon as September in the hopes of shielding himself from criminal prosecution. On July 19, Lisa Monaco, the Justice Department’s second-ranking official, rejected the idea that Trump becoming a formal candidate would deter DOJ from investigating him. In response to that very question, Monaco stated bluntly:

“We’re going to continue to do our job, to follow the facts wherever they go, no matter where they lead, no matter to what level … We’re going to continue to investigate what was fundamentally an attack on our democracy.”

And on Wednesday July 20, Attorney General Garland himself reiterated at a news conference, responding to a question about the prospects of charging Trump, that “no person” is above the law. Garland echoed Monaco’s sentiment and said this:

“We have to hold accountable every person who is criminally responsible for trying to overturn a legitimate election, and we must do it in a way filled with integrity and professionalism.”

NBC LESTER HOLT QUESTIONS AG MERRICK GARLAND

On July 26, in a remarkable one-on-one interview of Attorney General Merrick Garland, NBC News anchor Lester Holt asked the question if prosecuting former President Donald Trump for inciting the Jan. 6 Capitol attack might “tear the country apart”.

Holt said to Garland during their interview:

“You said in no uncertain terms the other day that no one is above the law. That said, the indictment of a former president, or perhaps candidate for president, would arguably tear the country apart. Is that your concern as you make your decision down the road here, do you have to think about things like that?”

Attorney General Garland responded:

“Look, we pursue justice without fear or favor. We intend to hold everyone, anyone who was criminally responsible for the events surrounding Jan. 6, for any attempt to interfere with the lawful transfer of power from one administration to another, accountable. That’s what we do.”

Garland added the Justice Department will not pay “any attention” to “other issues” aside from its mission to pursue justice.

Holt then asked:

“So, if Donald Trump were to become a candidate for president again, that would not change your schedule or how you move forward or don’t move forward?”

Garland responded:

“I’ll say again that we will hold accountable anyone who is criminally responsible for attempting to interfere with the transfer, legitimate, lawful transfer of power, from one administration to the next.”

https://www.mediaite.com/tv/lester-holt-questions-merrick-garland-as-he-raises-prospect-of-prosecuting-trump-would-arguably-tear-the-country-apart/

OTHERS HAVE BEEN INDICTED

“Adding to Trump’s concerns that the DOJ will charge him even as a declared candidate are the 2018 indictments of two congressional candidates just a few months before that year’s midterm elections. Rep. Chris Collins, R-N.Y., was charged with various crimes connected to allegations that he had engaged in insider stock trading. Weeks later, DOJ announced a host of criminal charges against Rep. Duncan Hunter, R-Calif. connected to his use of campaign contributions to fund a lavish lifestyle, which included trips to Italy, Hawaii and London. Both were locked in re-election battles in a year Democrats were expected to (and did) pick up House seats and win back control of the House.

Hunter initially took a page from Trump’s playbook by describing his charges as “politically motivated” and claiming to have been unfairly targeted by the “new Department of Justice” and “the Democrats’ arm of law enforcement.” Despite the protestations of their innocence and their assertions to fight charges they called meritless, Collins and Hunter later pleaded guilty and resigned from Congress. Duncan was sentenced to 11 months in prison and Collins to 26 months.

Trump can announce that he’s running whenever he wants to but as recent history tells us, DOJ would not be prevented from prosecuting him for any potential crimes, even if primary elections or a general election are approaching.”

The links to quoted news sources is here:

https://www.msnbc.com/opinion/msnbc-opinion/merrick-garland-s-memo-doesn-t-mean-trump-clear-n1297412

https://www.msnbc.com/rachel-maddow-show/maddowblog/merrick-garland-memo-election-trump-rcna39026

https://www.washingtonpost.com/opinions/2022/07/15/prosecute-trump-garland-case/

CONCLUSION

Any and all doubts that Donald Trump is a fascist who was hell bent on overthrowing the United State Government should be laid to rest by the evidence and testimony presented during the 8 days congressional public hearings by Trump’s own appointed staff, Trump former officials and loyalist.

The evidence established that Trump and his associates conspired for weeks, planned and orchestrated an armed mob dominated by white extremists such as the Proud Boys and the Oath Keepers to violently disrupt and stop the peaceful transfer of power and to stop the government function of certifying the election.

There is little doubt that the testimony presented by loyal members of Trump’s own administration revealed a man so desperate to hold onto power that he attempted to interfere with the peaceful transition of power and to overthrow the United States democracy. It could and will happen again if Donald Trump runs for President in 2024, unless of course he is indicted, tried and convicted for the crimes he committed with his failed attempt to overthrow our democracy.

Some say indicting and prosecuting Trump will further divide an already divided country and he will declare that his prosecution is political persecution. Still others say if convicted, Trump will declare that he is a political prisoner and martyr and his conviction would be deemed illegitimate by his supporters. If acquitted, Trump will be emboldened and empowered to proclaim he is the rightful President, even if he loses again.

Simply put, Trump must be prosecuted in that not even a President nor former President is above the law. The failure to prosecute Trump will be more damaging to the nation than turning a blind eye to his effort to subvert democracy and prevent the peaceful transfer of power.

On July 26, the online news agency the New Mexico Sun published the guest column “Mayor Tim Keller should suspend the permitting process for ‘safe outdoor spaces’ until the City Council has time to act”. Below is the guest column followed by the link:

By Pete Dinelli

“On July 19, the New Mexico Sun broke the story that applications for “safe outdoor spaces” have been filed with the city Planning Department and that private funding is being sought for at least 6 encampments. An application for safe outdoor space zoning will lock into the existing zoning laws when the zoning application is completed. In the interim between when the Integrated Development Ordinance amendment goes into effect and when the provision is repealed, the application can be processed and approved by the city.

“Safe outdoor spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. If the City allows the 6 applications for “safe outdoor spaces” to proceed and approves them all, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.”

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/629412118-mayor-tim-keller-should-suspend-the-permitting-process-for-safe-outdoor-spaces-until-the-city-council-has-time-to-act

CONTACT THE MAYOR AND CITTY COUNCIL

The public is strongly encouraged to contact Mayor Keller and City Council and ask for a moratorium on the city processing applications for “Safe Outdoor Spaces” until the city Council has time to vote on August 15 to repeal.

The email addresses and phone numbers to contact Mayor Keller and Interim Chief Administrative Officer Lawrence Rael and each City Councilor and the Director of Counsel services are as follows:

MAYOR’S OFFICE PHONE: (505) 768-3000
CITY COUNCIL PHONE: (505) 768-3100

EMAIL ADDRESSES

tkeller@cabq.gov
lrael@cabq.gov
lesanchez@cabq.gov
louiesanchez@allstate.com
ibenton@cabq.gov
kpena@cabq.gov
bbassan@cabq.gov
danlewis@cabq.gov
LEWISABQ@GMAIL.COM
patdavis@cabq.gov
tfiebelkorn@cabq.gov
trudyjones@cabq.gov
rgrout@cabq.gov
cmelendrez@cabq.gov

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:

https://newmexicosun.com/

On June 27, calling it “the most dangerous place in the state of New Mexico” Albuquerque Mayor Tim Keller held a press conference standing in front of Coronado Park to discuss his reasons for ordering the parks closure and saying it was imperative even without a fully formed plan for how to do it and what happens next.

Keller said this:

“We’re not going to wait any longer. We have all the evidence we need that says that we have to do something different. … It is not going to be something where every question is answered, and every plan is thought out. … We do not have the luxury of a perfect plan. … At this point, if we don’t close the park now, it will never be a park again. … There was unanimous consensus that at a minimum, temporarily, this park has to close. … This is the first step. We welcome everyone to help us problem-solve, but someone has to step up and make a decision … And that’s what people elected me to do.”

City officials have said that upwards 120 people camp nightly at the park. Homeless occupants will be told of other housing options offered by the city. The city will continue to offer services and housing options to those using Coronado Park, including making limited property storage available to those who are interested or in need of it.

The links to quoted news sources are here:

https://www.koat.com/article/coronado-park-closed-homeless/40724118

https://www.kob.com/new-mexico/mayor-keller-reaffirms-plans-to-close-coronado-park/

https://www.abqjournal.com/2519423/were-not-going-to-wait-any-longer-mayor-says-of-coronado-park.html

https://www.abqjournal.com/2519038/keller-city-will-close-coronado-park.html

Keller admitted that the immediate closure of the park will be “messy” and that dispersing park residents could create other problems. Keller also said that no decision has been made about the park’s specific closure date. He also said no long-term plans have been made for the property but said options include reopening it as a park, using it for the neighboring fire station’s expansion or turning it into a “safe outdoor space” which is a managed site with rules, toilets and showers where people who are homeless can legally camp.

BOMBSHELL ANNOUNCEMENT

It was on Monday, July 25, in a speech before the very Republican leaning New Mexico chapter of the National Association of Industrial Office Parks (NAIOP), that Mayor Tim Keller announced closure of Coronado Park. The announcement took everyone by surprise. The announcement was labeled by more than one local news media outlet as a “bombshell” announcement.

Keller told the group of commercial and real estate developers and said this in a statement:

“[The]situation is absolutely unacceptable, so we’re going to stop it. In August we’re closing Coronado Park. … It doesn’t matter if we know exactly what we’re doing next. It doesn’t matter exactly what the timing is or how we’re going to do it, but we have to do better than what’s happening at Coronado Park. There is a bed for every person [who stays at Coronado] to go. … The status quo will not stand … This remains a complex issue and while we work to determine what’s next for Coronado, we’ll keep stepping up to get folks connected to the right services and resources. …

We’re very concerned about what’s going to happen in the neighborhoods, but at this point now, it’s a question of what is worse — looking the other way at violence, at homicide, at rampant drug use, or trying to deal with the problem a different way. … It has reached the breaking point where even if it’s creating other problems and other brush fires, we’ve got a better chance dealing with that than we do letting this go.”

FAILURE TO CONFER

Mayor Keller was severely criticized for making the decision to close the park without conferring first and getting input from the surrounding neighborhoods, especially the Wells Park neighborhood, local businesses and stakeholders.

Wells Park Neighborhood Association President Doreen McKnight said this:

“It’s hard for us to take a position on this — whether or not we think it’s a good or bad idea — if nobody communicates with us and there’s no plan.”

The Mental Health Response Advisory Committee is in charge of advising the city on issues related to chronic homelessness. Max Kauffman, who co-chairs the committee, said Keller’s announcement came as a surprise. Kaufman said this:

“Now we’re in the position of having to react to it rather than getting ahead of it, helping to make sure that they’re considering all the factors that are relevant to people experiencing homelessness and they’re taking good care in how they’re executing this policy, and whether to execute this policy at all.”

Keller took issue with the criticism that he made the park closure decision without first notifying or consulting with key constituencies justifying his decision by saying the situation at the park had become a major crisis that needs to be dealt with immediately. Keller did say the city would now begin sorting out the closure details and future plans with service providers, park residents, neighbors and other elected officials.

The link to quoted news source material is here:

https://www.abqjournal.com/2519038/keller-city-will-close-coronado-park.html

CESSPOOL OF CRMINAL ACTIVITY

Over the last 10 years, Coronado Park became the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. City officials have said it is costing the city $27,154 every two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

Residents and businesses located near the park complain to the city repeatedly about the city’s unwritten policy to allow the park to be used as an encampment and its use as a drop off by law enforcement for those who are transported from the westside jail. At any given time, Coronado Park has 70 to 80 tents crammed into the park with homeless wondering the area.

Criminal activity has spiked at Coranado Park over the past three years with an extensive history of lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. APD reports that it was dispatched to the park 651 times in 2021 and 312 times thus far in 2022. There have been 16 stabbings at the park in the past 2 years and in the past 30 days APD has seized from the park 4,500 fentanyl pills, more than 5 pounds of methamphetamine, 24 grams of heroin and 29 grams of cocaine. APD also found $10,000 in cash.

KELLER’S COMPLETE REVERASAL

Mayor Keller’s decision to close Coronado Park was a dramatic 100% reversal from just a few weeks ago when he gave excuses why he could not close Coronado Park. It was an astonishing admission of failure when Mayor Tim Keller said this about Coronado Park:

“[The federal courts] will not allow us to just walk in and arrest someone because they’re homeless and the current situation beats the alternative. … It is not lost on me that we created Coronado Park because Wells Park said, ‘We don’t want these folks in our neighborhood,’ and we agree with them. And that’s why they were all grouped to one area. … So you also got to remember the alternative. You can’t have it both ways — you want to close Coronado Park, you are going to open all of Wells Park neighborhood to something none of us want to see.”

Link to quoted news source:

https://www.abqjournal.com/2508302/man-fatally-shot-at-abq-park.html

COMMENTARY AND ANALYSIS

Mayor Tim Keller will never admit it, but it is he who had the biggest hand in creating “the most dangerous place in the state of New Mexico” and creating the cesspool of crime known as Coronado Park. It was nauseating for Keller to deflect blame over what he created when he said:

“This is the first step. We welcome everyone to help us problem-solve, but someone has to step up and make a decision. And that’s what people elected me to do.”

Absolutely no one elected Tim Keller to decide to allow a once beautiful and pristine park dedicated to public use to become a festering blight for over 4 years on the community and creating a cesspool of crime.

Simply put, Coronado Park is an embarrassment with the city violating its own ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinance. Coronado Park became the symbol of Keller’s failure as Mayor to deal with the homeless crisis and now he has to deal with a nuisance property he created.

Now that Mayor Tim Keller is ordering the closure and cleanup of Coronado Park, he should issue a formal apology to the Wells Park Neighborhood and the businesses in the area and forcing them for the last 4 years to an endure a blight, a nuisance and a magnet for crime he created.

It was disingenuous for Keller to say just a few weeks ago “[The federal courts] will not allow us to just walk in and arrest someone because they’re homeless and the current situation beats the alternative. … .“The current situation at Coronado Park does not beat the alternative of having a zero tolerance of allowing illegal encampments and allowing the homeless to squat all over the city and not enforce the law.

Grouping the homeless, as Keller said, in a city park should never have been considered as an option to deal with the homeless crisis given all the resources the city is spending to help the homeless. This so called “grouping” coming from a mayor who for his entire first term made dealing with the homeless crisis a corner stone of his administration. A Mayor whose administration spent $40 million in 2022 and will spend $60 million in 2023 to provide assistance to the homeless. A Mayor who saw to it that the city purchased the 529,000 square-foot Lovelace Hospital facility on Gibson for $15 million to have it converted into a Gateway Shelter and who made the westside shelter a 24-7 facility.

On July 6 Mayor Tim Keller announced that his administration was “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller wants to initiate major changes by the end of July on how to deal legally with homeless encampments. Closure of Coronado Park is a good first step.

Mayor’s Keller’s announcement took everyone by surprise and was even labeled a “bombshell” announcement by more than on media outlet. It was as if he was in a rush to make the announcement before a Republican business group in order to make headlines. He told no one else about it, including the neighborhood area of Wells Park, other homeless care providers in the city, nor the city’s Mental Health Response Advisory Committee which advises the city on issues related to chronic homelessness.

Keller himself admitted there is no real plan in place on how to deal with the closure of the park which is sloppy at best and incompetence at its worst. Keller has essentially “pivoted” from a crisis he has created known as Coronado Park to another crisis he will have to deal with when it comes to dealing those that are being displaced.

Mayor Tim Keller is to be commended for at least coming to his senses after a full 4 years of failing to exercise his authority to issue executive orders to clean up and remove unlawful encampments and permanently close Coronado Park. Closure of Coronado Park is a good first step in announcing a new approach to the city’s homeless crisis. Now comes the real hard part to come up with a viable plan that will not make things worse for the area and the city and that will deal with the homeless in a compassionate manner.

On July 25, in a speech before the very Republican leaning New Mexico chapter of the National Association of Industrial Office Parks (NAIOP), Mayor Tim Keller announced closure of the unsanctioned homeless encampment at Coronado Park. The closure will occur at the end of the month. City officials said that upwards 120 people camp nightly at the park. Homeless occupants will be told of other housing options offered by the city. The city will continue to offer services and housing options to those using Coronado Park, including making limited property storage available to those who are interested or in need of it.

Keller had told the group of commercial and real estate developers and said this in a statement:

“[The]situation is absolutely unacceptable, so we’re going to stop it. In August we’re closing Coronado Park. … It doesn’t matter if we know exactly what we’re doing next. It doesn’t matter exactly what the timing is or how we’re going to do it, but we have to do better than what’s happening at Coronado Park. There is a bed for every person [who stays at Coronado] to go. … The status quo will not stand … This remains a complex issue and while we work to determine what’s next for Coronado, we’ll keep stepping up to get folks connected to the right services and resources. …

We’re very concerned about what’s going to happen in the neighborhoods, but at this point now, it’s a question of what is worse — looking the other way at violence, at homicide, at rampant drug use, or trying to deal with the problem a different way. … It has reached the breaking point where even if it’s creating other problems and other brush fires, we’ve got a better chance dealing with that than we do letting this go.”

Chief administrative officer Lawrence Rael said the city could start posting flyers of the pending closure as early as this week and that the city will alert the homeless squatters of available services and other housing options.

Rael had this to say:

“Homelessness at Coronado has been a challenge for nearly a decade, but we have to draw a line and simply stop a situation that is obviously unacceptable, regardless of what we do next.”

Carol Pierce, Director or Family and Community Services, had this to say:

“The city is committed to finding solutions that work for people who are unhoused but also keep our neighborhoods safe. … The administration has made sure that critical resources like housing vouchers and shelter beds are more available than they were in the past. Now it’s time to move forward so that we can reach safe, humane outcomes for our city.”

During a City Council meeting in June, City Councilors were told that an analysis done by the Department of Family and Community services which administers the city’s homeless programs, identified 369 open beds across nine local shelters on a single night in June. 215 beds were at the city’s West Side facility. A major problem is that many homeless people simply do not want to go the Westside Shelter because it is remote, far from other services, and used to be an old jail facility.

Coronado Park has served as a centralized drop-off and pickup site for the West Side Emergency Shelter for nearly a decade. During the COVID-19 pandemic, park regulations were relaxed as a mitigation measure. Conditions at the park deteriorated, including narcotics trafficking, drug use and prolonged damage to the park’s irrigation and vegetation created safety concerns and were the leading factors in the decision to close the park.

Links to quoted news source material are here:

https://www.neighborhoodjournal.com/coronado-park-to-close-in-august/?utm_source=rss&utm_medium=rss&utm_campaign=coronado-park-to-close-in-august

https://www.timesunion.com/news/article/Albuquerque-park-that-s-been-a-homeless-17328221.php

https://www.koat.com/article/albuquerque-close-coronado-park/40711216

https://www.kob.com/new-mexico/albuquerque-mayor-announces-closure-of-coronado-park-in-august/

https://www.abqjournal.com/2519038/keller-city-will-close-coronado-park.html

ENVRONMENTAL HEALTH STUDY OF CORONADO PARK

City officials saying prolonged damage to the park’s irrigation and vegetation created safety concerns and were the leading factors in the decision to close the park ostensibly confirms that an environmental health study or ground testing has been performed.

Confidential sources within APD have said that an environmental health study or ground testing was performed either by the APD crime lab or the city’s Environmental Health Department on the Coronado Park grounds. According to the APD source, the study revealed a highly toxic level of contaminates, including drugs, human waste and fluids and dangerous levels of molds to the extent that the park grounds are dangerous and where exposure can affect a person’s health.

According to the APD source, a final report was provided to the Mayor’s Office and APD Chief Harold Medina and once reviewed, orders were issued that the study was not to be released to the general public for fear that the City would have to permanently close the park. Upon information and belief, a request for Inspection of Public records has been made by media outlets for the Coronado Park environmental study, but no response by the city has been reported by those news outlets.

CORONDO PARK SYMBOL OF FAILURE TO DEAL WITH HOMELESS

Mayor Keller’s decision to close Coronado Park was a dramatic reversal from just a few months ago when he gave excuses why he could not close Coronado Park. It was an astonishing admission of failure when Mayor Tim Keller said this about Coronado Park:

“[The federal courts] will not allow us to just walk in and arrest someone because they’re homeless and the current situation beats the alternative. … It is not lost on me that we created Coronado Park because Wells Park said, ‘We don’t want these folks in our neighborhood,’ and we agree with them. And that’s why they were all grouped to one area. … So you also got to remember the alternative. You can’t have it both ways — you want to close Coronado Park, you are going to open all of Wells Park neighborhood to something none of us want to see.”

Link to quoted news source:

https://www.abqjournal.com/2508302/man-fatally-shot-at-abq-park.html

Over the last 10 years, Coronado Park became the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. City officials have said it is costing the city $27,154 every two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

Residents and businesses located near the park complain to the city repeatedly about the city’s unwritten policy to allow the park to be used as an encampment and its use as a drop off by law enforcement for those who are transported from the westside jail. At any given time, Coronado Park has 70 to 80 tents crammed into the park with homeless wondering the area.

One major factor in closing the park is crime. Criminal activity has spiked at the park over the past three years. The city park has an extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. APD reports that it was dispatched to the park 651 times in 2021 and 312 times thus far in 2022. There have been 16 stabbings at the park in the past 2 and in the past 30 days APD has seized from the park 4,500 fentanyl pills, more than 5 pounds of methamphetamine, 24 grams of heroin and 29 grams of cocaine. APD also found $10,000 in cash. All the seized drugs were tied to a single bust in late June that occurred at a nearby motel, not the park, though an APD spokeswoman said the suspect was “mainly doing all their distributions [at the park].”

The links to quoted news sources are here:

https://www.koat.com/article/coronado-park-closed-homeless/40724118

https://www.abqjournal.com/2519423/were-not-going-to-wait-any-longer-mayor-says-of-coronado-park.html

The city announced it will continue to consider the next steps for Coronado Park, ranging from permanent closure, eventual re-opening as a park, or repurposing it for piloting a safe outdoor space program. Until that time, the park will remain closed, and transportation will shift to centralized, multi-site routing for those needing transport to shelter and services.

WALKER PROPERTY ANNOUNCED AS RECREATIONAL AREA FOR WELLS PARK NEIGBORHOOD AREA

The city also announced the opening of a green space and recreational area on an entire block known as the Walker Property, adjacent and north of the Wells Park Community Center. The project is fully funded and in the final design stages with work getting under way next year. The Wells Park area will also see stepped up patrols from the Clean City Program in response to the closure of Coronado Park.

It was on September 2, 2007, that it was reported that the entire block of 21 residential homes and businesses between 5th and 6th and Summer and Rosemont streets were demolished by the city. All the structures were boarded up and abandoned and often used by squatters and the homeless and criminals.

The entire block of vacant homes were all owned by 86-year-old Anne Davis Walker. The demolition, which took just a day, cost the city $189,000, which Davis Walker paid back within a year.

The demolition of all 27 structures was negotiated by then Deputy City Attorney and Safe Strike Force Director Pete Dinelli. Simply put, Walker understood it she would have spent a lot more money rehabbing each structure to bring them up to code and fighting condemnation lawsuits. The property is directly north of the Wells Park Community Center and was later purchased by the city at a cost of approximately $1.8 million.

https://www.bizjournals.com/albuquerque/stories/2007/09/03/story6.html

COMMENTARY AND ANALYSIS

Grouping the homeless, as Keller said, in a city park should never have been considered as an option to deal with the homeless crisis given all the resources the city is spending to help the homeless. This so called “grouping” coming from a mayor who for his entire first term made dealing with the homeless crisis a corner stone of his administration. A Mayor whose administration spent $40 million in 2022 and will spend $60 million in 2023 to provide assistance to the homeless. A Mayor who saw to it that the city purchased the 529,000 square-foot Lovelace Hospital facility on Gibson for $15 million to have it converted into a Gateway Shelter and who made the westside shelter a 24-7 facility.

It was disingenuous for Keller to say just a few weeks ago “[The federal courts] will not allow us to just walk in and arrest someone because they’re homeless and the current situation beats the alternative. … .“The current situation at Coronado Park does not beat the alternative of having a zero tolerance of allowing illegal encampments and allowing the homeless to squat all over the city and not enforce the law.

It was Mayor Keller who allowed a once beautiful and pristine park dedicated to public use to become a festering blight on the community. Simply put, Coronado became an embarrassment with the city violating its own ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinance. Coronado Park became the symbol of Keller’s failure as Mayor to deal with the homeless crisis and now he has to deal with a nuisance property he created.

On July 6 Mayor Tim Keller announced that his administration was “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller wants to initiate major changes by the end of July on how to deal legally with homeless encampments. Closure of Coronado Park is a good first step.

What is so very disappointing is that Mayor’s Keller’s announcement took everyone by suprise and was even labeled a “bombshell” announcement by more than on media outlet. It was as if he was in a rush to make the announcement before a Republican business group in order to make headlines. He told no one else about it, including the neighborhood area of Wells Park, other homeless care providers in the city, nor the city’s Mental Health Response Advisory Committee which advises the city on issues related to chronic homelessness. Keller himself admitted there is no real plan in place on how to deal with the closure of the park, which if true, is sloppy at best.

Mayor Tim Keller is to be commended for coming to his senses after a full 4 years and exercising his authority to issue executive orders to clean up and remove unlawful encampments and permanently close Coronado Park. Closure of Coronado Park is a good first step in announcing a new approach to the city’s homeless crisis. Now comes the real hard part to come up with a viable plan that will not make things worse for the area and the city.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/city-of-albuquerque-revisits-policy-in-hopes-to-combat-homelessness/

https://www.krqe.com/news/albuquerque-metro/city-looking-to-clear-homeless-camp-at-coronado-park/

https://www.abqjournal.com/2513915/keller-to-revisit-citys-encampment-strategy.html

On June 6, the City Council enacted legislation that amended the Integrated Development (IDO) to allow for city sanctioned “Safe Outdoor Spaces” encampments for the homeless. The council passed the legislation on a 5 to 4 vote.

SAFE OUTDOOR SPACES EXPLAINED

The “Safe Outdoor Spaces” amendment passed will permit 2 homeless encampments in all 9 city council districts with 40 designated spaces for tents. They will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. Although the Integrated Development Ordinance (IDO) amendment sets a limit of two in each of the city’s 9 council districts, the cap would not apply to those hosted by religious institutions.

A map prepared by the city detailing where “Safe Outdoor Space” zoning would be allowed for encampments revealed numerous areas in each of the 9 City Council districts that abut to or are in walking distance to many residential areas. Upwards of 15% of the city would allow for “Safe Outdoor Spaces” as a “permissive use” or “conditional use”.

Under the law, once such permissive uses are approved and granted by the city, they become vested property rights and cannot be rescinded by the city council. There is no requirement of land ownership, meaning someone could seek a special use for a safe outdoor space and then turn around and lease their undeveloped open space property to whoever can afford to pay.

The map reveals a large concentration of eligible open space area that lies between San Pedro and the railroad tracks, north of Menaul to the city’s northern boundary. The map reveals that the encampments could be put at next to the Big-I, the northeast heights, and on the west side not far from homes. The map does not account for religious institutions that may want to use their properties for living lots or safe outdoor spaces.

The link to the map prepared by the City entitled “Map 1 Council Districts Selected IDO Zoning” is here:

https://documents.cabq.gov/planning/IDO/2021_IDO_AnnualUpdate/Council/Map1_SafeOutdoorSpaces-A12-Option3.pdf

REPEAL BEING SOUGHT

On June 22, after tremendous public outcry and objections, two bills were introduced at City Council by Brook Bassan that would eventually repeal safe outdoor spaces. One bill introduced would stop the city from accepting or approving safe outdoor space applications and the other will eliminate Safe Outdoor Spaces from the zoning code altogether.

The Keller Administration was quick to react and condemned the introduction of both bills and Bassan’s reversal. Mayor Tim Keller spokeswoman Ava Montoya criticized Bassan’s reversal in a statement by saying this:

“Vacillating by passing legislation and then immediately repealing it doesn’t help anyone. … Council is the land use authority for our city and we need them to put forward solutions.”

The link to quoted news article is here:

https://www.abqjournal.com/2510096/bassan-pulls-back-support-for-safe-outdoor-spaces.html

During the June 22 meeting, as a result of the introduction of the repeal legislation, the council failed to enact the legislation that was to provide for rules and regulations promulged by the Keller Administration as requested by the City Council for Safe Outdoor Spaces. That failure prompted City Councilor President to warn that applications and approvals of Safe Outdoor Space as a permissive use or conditional use could take effect and there would be no rules nor regulations as was envisioned for Safe Outdoor Spaces. June 22 was the last meeting of the City Council before it went on “summer break” until August 1 with the next city council meeting scheduled for August 15.

The city council’s failure to take action on either the bills stopping the application process or repealing the land use resolution until August 15, results in Safe Outdoor Spaces becoming a permissible land use on July 28 and people can apply for the land use. On July 28, landowners and operators who want to establish Safe Outdoor Spaces can legally submit applications to the city. The applications need not earn full city approval from July 28 until the day the City Council returns from summer break on August 15 and votes in the repeal, but the applications must be considered complete, according to the Planning Department. Approval of Safe Outdoor Spaces “conditional use” or “permissive use” must be made after a hearing where surrounding landowners must be notified and be given an opportunity to be heard and then there is a right to appeal.

Planning Department spokesman Tim Walsh had this to say:

“An application for [the safe outdoor space zoning] locks into the existing zoning laws when it is deemed complete. … Therefore, if an application was completed in the interim between when the [Integrated Development Ordinance] (IDO) goes into effect and when a provision was rescinded, the application can still be processed and approved.”

The link to the quoted news source material is here:

https://www.abqjournal.com/2514439/safe-outdoor-spaces-may-be-possible-even-with-repeal.html

What Walsh said was somewhat misleading in that he failed to disclose that the application is only the first step in a long process. A Zoning Hearing Examiner must review and decides special exceptions to the Integrated Development Ordinance, which includes “conditional uses” and “permissive uses” such as Safe Outdoor Spaces, variances, and expansions of nonconforming uses and structures. Public notice must be given to surrounding property owners and the general public and they must be given the opportunity to be heard. There is also the Environmental Planning Commission that is responsible for reviewing requests to amend the City’s Official Zoning Map, the Integrated Development Ordinance, and the ABC Comprehensive Plan.

https://www.cabq.gov/planning/boards-commissions

Appeals of land use decisions are to the City Council. This includes Appeals in the Integrated Development Ordinance. Safe Outdoor Spaces are part of the Integrated Development Ordinance and if granted, an appeal could be made to the City Council.

Complicating the matter is the fact that the council failed to enact rules and regulations for the encampments delineating a screening process for use by the homeless and providing rules and regulations for use by the homeless including prohibiting illicit drugs.

NEW MEXICO SUN REPORTS APPLICATIONS FILED, FUNDING BEING SOUGHT FOR 6 ENAMPEMENTS

On July 19, the online news agency the New Mexico Sun broke the story that applications for “safe outdoor spaces” have been filed with the city Planning Department and that private funding is being sought for at least 6 encampments. The article was written by New Mexico Sun reporter W.J. Kennedy and the article is entitled “Funding for proposed homeless camps up in the air”. Below is the unedited article followed by the link:

“The backers of a controversial plan to establish tent sites for the city’s widespread and growing homeless problem have yet to secure a funding source to underwrite the “safe outdoor spaces” plan.

Retired for 20 years from the insurance business, Day now refers to himself as a “private citizen and volunteer.”

The link to the New Mexico Sun news article is here:

https://newmexicosun.com/stories/628944623-funding-for-proposed-homeless-camps-up-in-the-air

MAYOR KELLER ANNOUNCES ADMINISTRATION IS “REVISITING” HOMELESS POLICIES

It was Mayor Tim Keller who initially proposed the idea of “Safe Outdoor Spaces” in his 2022-2023 city budget. The 2022-2023 proposed budget released on April 1 provides major funding to deal with the homeless. The budget approved includes the following line item funding:

“$750,000 for proposed “safe outdoor spaces. … If approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City. There is an additional $200,000 for developing other sanctioned encampment programs.”

On Saturday, June 25, Mayor Tim Keller gave his “State of The City” address. Keller bought up the city’s homeless crisis. Keller noted that homelessness is “on display in so many areas in our city”. Keller had this to say:

“We have to open new ways, new pathways, to longstanding problems and try new approaches. We’ve got to be agile, we’ve got to learn and we’ve got to keep creating pathways to stability. That is why we are revisiting our approach to homelessness and encampments.”

On July 6, after intense public outcry and objections over “safe outdoor spaces” Mayor Tim Keller again announced that his administration is “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller wants to initiate major changes by the end of July on how to deal legally with homeless encampments and in particular Coronado Park.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/city-of-albuquerque-revisits-policy-in-hopes-to-combat-homelessness/

https://www.abqjournal.com/2513915/keller-to-revisit-citys-encampment-strategy.html

HOUSING FIRST POLICY

The city has adopted what is called a “housing first” policy to deal with the homeless crisis. The 2022-2023 adopted city contains $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model and $24 million in Emergency Rental Assistance from the federal government

The link to the enacted 2022-2023 proposed budget is here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

The National Law Center on Homelessness & Poverty research clearly shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments and “tent cities”. There is nothing temporary about “city sanctioned” encampments which is what Safe Outdoor Spaces represents.

The city is making a huge financial commitment to help the homeless. Last year, it spent upwards of $40 million to benefit the homeless in housing and services. The 2023 proposed budget significantly increases funding for the homeless by going from $35,145,851 to $59,498,915. The city contracts with 10 separate homeless service providers throughout the city and it funds the Westside 24-7 homeless shelter. The housing first policy provides for city voucher programs, low-income housing, building shelter space and making beds available for its homeless population.

CORONADO PARK

Coronado Park, located at third and Interstate 40, is considered by many as the epicenter of Albuquerque’s homeless crisis. Over the last 10 years, Coronado Park has become the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. Residents and businesses located near the park have complained to the city repeatedly about the city’s unwritten policy to allow the park to be used as an encampment and its use as a drop off by law enforcement for those who are transported from the westside jail.

At any given time, Coronado Park will have 70 to 80 tents crammed into the park with homeless wondering the area. It comes with and extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder.

City officials have said Coronado Park is the subject of daily responses from the encampment team because of the number of tent’s set up there. They say the encampment team, along with Parks and Recreation Department and Solid Waste go out every morning, during the week, to give campers notice and clean up the park. They also work on getting them connected to resources and services they may need.

COMMENTARY AND ANALYSIS

Brad Day’s actions and the applications and not disclosing operators is what you call being a sneak and taking advantage of a loophole and refusing to take no for an answer. Day said he’s been talking to nonprofits and churches about operating the sites, but he declined to give names for fear of backlash before the applications are submitted making the insulting remark “If the names got out, who knows what Bassan and others might do to stop them.” Sooner, rather than later there must be full disclosure, especially seeing that he says funding could come from city or county taxpayers. It’s also more likely than not some of those same nonprofits and churches are already benefiting from the millions spent each year by the city to deal with the homeless.

Brad Day seems to think that getting the approval the planning department for the permissive use and conditional use is a slam dunk with the filing of the applications. It is not. The truth is the application is only the first major step. The public has a right to be heard and there must be public hearing with notices given to adjoining property owners and the public afforded to the opportunity to be heard to either support of oppose Safe Outdoor Spaces. Day also still thinks funding could still come from the City or County.

Day insisting that safe outdoor spaces will not result in more Coronado Parks is playing fast and loose with the facts given that no rules nor regulations were adopted. Simply put, no one knows for sure. What the city should have learned from Coronado Park, and all the violent crime that has occurred there, is that government sanctioned homeless encampments that “Safe Outdoor Spaces” embody simply do not work. They are magnets for crime and will likely become a public nuisance that is injurious to public health, safety and welfare and will interfere with the exercise and enjoyment of public rights, including the right to use public property. The practical effect of the Safe Outdoor Spaces will be to create “mini” Coronado Parks in all 9 city council districts, especially give the fact that the City Council has failed to enact proposed rules and regulations.

The homeless crisis will not be solved by the city, but it can and must be managed. Providing a very temporary place to pitch a tent, relieve themselves, bathe and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis and is what safe outdoor spaces represent. The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

KELLER CAN ISSUE EXECUTIVE ORDER TO PLANNING DEPARTMENT SUSPENDING SAFE OUTDOOR SPACES APPLICATION PROCESS

Mayor Tim Keller has said his Administration is revisiting its homeless policy. It’s more likely that Keller’s announcement to revisit policies was nothing more than a ruse to buy time to let things cool off and let the public forget and to fend off the city council from repealing “safe outdoor spaces”. After all, Mayor Tim Keller asked for and was given $750,000 for safe outdoor spaces and its likely he still supports them a part of his “all the above” approach to the homeless crisis.

If Mayor Tim Keller is truly committed to “revisiting” his policies on the homeless, then he can and should issue and executive order suspending or placing a “moratorium” on the application process for Safe Outdoor Spaces. He has the authority to give such an order to his Director of the Planning and Zoning Department.

The moratorium should be in place until the City Council has that opportunity to vote one way or the other on August 15 to repeal the legislation authorizing Safe Outdoor Spaces and also enact the rules and regulations on managing safe outdoor spaces if there is a failure to repeal. Mayor Keller has only 3 days left to issue such and order or until July 28 when the amendments to Integrated Development Ordinance (IDO) become law.

“Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing. If the City allows the 6 applications for “safe outdoor spaces” to proceed and approves them, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.

The public needs to make their opinions known and tell Mayor Tim Keller to issue an executive order suspending or placing a moratorium on the application process and tell city councillors to demand that he issue such an order so that they can vote on the repeal.

The email addresses and phone numbers to contact Mayor Keller and Interim Chief Administrative Officer Lawrence Rael and each City Councilor and the Director of Counsel services are as follows:

MAYOR’S OFFICE PHONE: (505) 768-3000
CITY COUNCIL PHONE: (505) 768-3100

EMAIL ADDRESSES

tkeller@cabq.gov
lrael@cabq.gov

lesanchez@cabq.gov
louiesanchez@allstate.com
ibenton@cabq.gov
kpena@cabq.gov
bbassan@cabq.gov
danlewis@cabq.gov
LEWISABQ@GMAIL.COM
patdavis@cabq.gov
tfiebelkorn@cabq.gov
trudyjones@cabq.gov
rgrout@cabq.gov
cmelendrez@cabq.gov