City Councilor Brook Bassan Throws Mayor Tim Keller Under The Bus Reversing Support Of “Safe Outdoor Spaces”; Counsel Can Vote To Withdraw Enactment; “Women Taking Back Our Neighborhoods” Announce Protest

Posted on June 21, 2022 by

On June 20, Albuquerque Republican City Council Brook Bassan, in a stunning reversal of support, announced by email to her constituents her withdrawal and sponsorship of the “Safe Outdoor Spaces” amendment to the Integrated Development Ordinance.

City Council Brook Bassan sent her constituents the following email:

District 4
June 20, 2022, at 7:59 PM
Subject: Re: Homeless Solution

“Good evening,

Please see the written statement I have drafted below. I plan on a formal press release tomorrow and a potential press conference Wednesday.

I am seeking to repeal the law enabling sanctioned encampments.

I initially supported sanctioned encampments based on the understanding that existing vagrancy, loitering, trespassing and overnight camping laws would be enforced once we created the sanctioned encampments. However, upon hearing Mayor Tim Keller’s recent press conference statements, it has become clear that this enforcement is highly unlikely to occur. That means creating sanctioned encampments won’t work.

Additionally, I have heard your voice in opposition to sanctioned encampments. I have always promised to listen to my constituents and then act on their behalf.

In order to repeal the law, I am introducing two separate pieces of legislation at Wednesday’s City Council meeting. The first is a one-year moratorium on all Safe Outdoor Spaces approvals so that none can be approved in the near future. The second bill is a repeal of all references to Safe Outdoor Spaces from our zoning ordinances.

Since being elected, I have been focused on implementing solutions to reduce crime and homelessness. Safe Outdoor Spaces was an idea to force homeless encampments from our neighborhoods and towards behavioral health services. You have helped me understand that this idea is not a workable solution and needs to be abandoned.

I have always promised that, if I ever made a mistake such as this, I would apologize and work to correct my action. I am sorry for not registering your opposition to this idea sooner. Moving forward, I will work even harder to represent your voice in City government. I will continue to focus on supporting our police department’s ability to enforce existing laws, increasing the availability of behavioral health services, and providing rental assistance to those at risk for experiencing homelessness.

Thank you for reaching out to me. I promise to continue to listen and represent your voice.”

Brook Bassan
Albuquerque City Councilor

THROWING MAYOR TIM KELLER UNDER THE BUS

When Councilor Bassan says “… upon hearing Mayor Tim Keller’s recent press conference statements, it has become clear that this enforcement is highly unlikely to occur. That means creating sanctioned encampments won’t work” what she is referring to are comments made by Mayor Tim Keller on June 14.

On June 14, it was reported that a 4th murder in 2 years occurred at Coronado Park. In response to the questioning about the shooting and what his Administration was doing about the homeless, Keller said he and the city has plans for addressing homelessness. Those plans include the long-awaited Gateway Center shelter and services center at the old Lovelace hospital. Keller said the Gateway Center project has been delayed due to neighborhood opposition and a “never-ending purgatory of policy”. Mayor Keller also noted that the city plans include “safe outdoor spaces” as part of its plans to deal with the homeless.

Mayor Keller admitted that he and his Administration condoned and supported Coronado Park being used as a “de facto” city sanctioned homeless encampment. Keller said this:

“[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 material:

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

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 essentially 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.

Police 911 logs reveal a variety of other issues. In February 2019, police investigated a stabbing after a fight broke out at the park. One month before the stabbing, police responded to a call after a woman said she was suicidal, telling police on lapel camera video that she had previously made attempts to overdose on meth.

The city has allowed a once beautiful and pristine park dedicated to public use to become a festering blight on the community. Simply put, it has become 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 has now become a symbol of Keller’s failure as Mayor to deal with the homeless crisis.

The link to a related blog article entitled “Another Murder At Coronado Park; Park Is Symbol Of Tim Keller’s Failure To Deal With Homeless Crisis; City Council Should Declare Coronado Park A Public Nuisance, Enact Resolution Calling For Permanent Closure And Fencing Off With A Rededication Of Purpose” is here:

https://www.petedinelli.com/2022/06/15/another-murder-at-coronado-park-park-is-symbol-of-tim-kellers-failure-to-deal-with-homeless-crisis-city-council-should-declare-coronado-park-a-public-nuisance-enact-resolution-callin/

“SAFE OUTDOOR SPACES” AMENDMENT

On June 6, the Albuquerque City Council enacted upwards of 100 amendments updating the Integrated Development Ordinance. The legislation passed on a 5 to 4 vote. Democrat City Counselors Isaac Benton, Tammy Fiebelcorn, Pat Davis and Republicans Trudy Jones and Brook Bassan voted yes to approve the amendments. Democrats Klarissa Pena, Louie Sanchez and Republicans Dan Lewis and Renee Grout voted no.

One of the amendments was for city sanctioned homeless encampments called “Safe Outdoor “Spaces”. The “Safe outdoor spaces” amendment 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 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 are abut to or 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 granted, they become vested property rights and cannot be rescinded by the city council. Also, 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 who ever 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

On June 6 when the Safe Outdoor Space Amendment was presented to the City Council, 17 spoke out against it with only 4 supporting it. The council approved the plan with conditions. Those conditions include that no more than 18 camps in the city at one time and no more than two in a specific area of town will be allowed. Registered sex offenders will also not be able to stay in them.

After the vote to adopt the amendment to the Integrated Development Ordinance, including the “Safe Outdoor Spaces“ amendment, the council voted to defer to the June 22 meeting the Safe Outdoor Space amendment to the Keller administration to draft procedures for safe outdoor spaces. Mayor Tim Keller’s office has been instructed to look at locations and come up with the details of what resources would be available.

COUNCILOR BASSAN LOSES CREDIBITY SCRAMBLING TO DEFEND SAFE OUTDOOR SPACES

On June 16, a neighborhood association meeting was held in the far North East Heights City Council District 4 represented by first term Republican City Councilor Brook Bassan. The neighborhood association meeting was a regularly scheduled meeting that Bassan agreed to speak to discuss efforts to combat crime. A post on the Nextdoor app prompted a record turnout at the meeting. The Nestdoor App named a potential location for the recently passed “safe outdoor space” as North Domingo Baca Park. The map of potential locations for safe outdoor spaces was shown to city councilors and it included the lot in question near North Domingo Park.

The meeting degenerated into a heated discussion of Bassan’s support of “Safe Outdoor Spaces”. Bassan told those attending the association meeting that there are no plans in the northeast heights for “Safe Outdoor Spaces”.

When Bassan spoke to the angry residents, she said in part:

“Hello everybody I know you’re all angry at me. Let me explain. [This is case of miscommunication.] It’s not going to happen two in every single district, it’s not going to happen overnight and I can guarantee you it was never going to happen near residential properties, at businesses in Albuquerque that are nearby here and certainly not south of North Domingo Baca Park. It was never, ever, ever a proposal. … The zoning here would technically allow that. … Technically allow that. The City of Albuquerque would be able to choose which properties if we decided to do it.”

“[Safe Outdoor Spaces] was an answer to the community saying ‘We don’t want encampments in front of our businesses, at city parks, in front of our homes, on private property anywhere in the city.’ I am supportive of creating a lot where people, who want to live in a tent, for whatever their reason is, have to go to that designated location instead of just anywhere in Albuquerque – which would, in turn, allow APD to start actually being able to enforce the laws to a fuller extent.”

Notwithstanding Bassans assurances, those attending the neighborhood association meeting made it clear to Bassan they did not want any talk of sanctioned homeless camps in their neighborhoods.

https://www.kob.com/new-mexico/albuquerque-city-officials-clarify-homeless-camp-plans/

Many of City Council Brook Bassan’s comments were false or misleading. The Safe Outdoor Spaces amendment specifically allows for 2 in every single city council district for a total of 18. When she says it’s not going to happen overnight, the city’s goal is to have the first “Safe Outdoor Space” up and running within a few months at the end of the Summer. There are also 2 religious organizations that have already said they plan on establishing Safe Outdoor Spaces on their properties.

It was false when Bassan says “I can guarantee you it was never going to happen near residential properties”. Basaan could not make such a guarantee that the city nor private property owners will be prevented from establishing safe open spaces on property owned nor apply for a special use. The map prepared by the city of where Safe Outdoor spaces will be allowed reveals upwards of 15% of the city will allow for “safe outdoor spaces” as a “permissive use” or “conditional use” on property that abut residential areas.

Brook Bassan could not guarantee that North Domingo Baca Park would not be used by the City as a homeless encampment. Bassan admitted “‘The zoning here would technically allow that [safe outdoor space] ” which means it could very easily become a reality and North Domingo Baca Park could become a city sanction “homeless encampment” with or without her approval or the city council approval. The city has already made Coronado park a de facto city sanctioned homeless encampment without city council approval.

COMMENTARY AND ANALYSIS

Republican City Councilor Brook Bassan is commended for doing the right thing by scrapping her support of Safe Outdoor Spaces. Now it’s up to the rest of the city council as well as Mayor Tim Keller to do the right thing and back off totally on making any attempt at implementing Safe Outdoor Spaces.

There never was anything temporary about “city sanctioned” encampments with “safe outdoor spaces”. Allowing 18 “safe outdoor spaces” would 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 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. 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.”

Too many elected and government officials, like Mayor Tim Keller and City Counselors Isaac Benton, Tammy Fiebelcorn, Pat Davis and Trudy Jones who voted for Safe Outdoor Spaces and who want to establish government sanction encampments have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on, civil citations and even arrests are in order.

The city has a moral obligation to help the homeless who suffer from mental illness and drug addiction. The city is in fact meeting that moral obligation. Albuquerque 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 city has bought the 572,000-square-foot Lovelace Hospital Complex on Gibson for $15 million that currently has space of 200 beds or more and transforming it into the Gateway Center Homeless shelter. City officials have said that the city is expected to launch multiple services on the property this winter, including a 50-bed women’s shelter, a sobering center and a space designed to deliver “medical respite” care for individuals who would have no place other than a hospital to recover from illnesses and injury. The massive facility could be remodeled even further to house the homeless and convert offices, treating rooms, operating rooms and treatment rooms into temporary housing accommodations. The onsite auditorium and cafeteria could also be utilized for counseling and feeding programs for service providers.

Given the millions the city is spending each year, the city needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

COUNCIL CAN ACT TO RECONSIDER

On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and vote on the Safe Outdoor Space resolution being prepared by the Family and Community Services Department. Reconsideration of the Integrated Development Ordinance would require at least one city councilor who voted for the IDO to change their vote. This means Republicans Trudy Jones or Brook Bassan, and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the amendments.

The public needs to make their opinions known and tell Mayor Keller and the City council to reject Safe Outdoor Spaces at the June 22 city council meeting. The email address to contact Mayor Keller and Interim Chief Administrative Officer Lawrence Rael and each City Councilor and the Director of Counsel services are as follows:

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

PRTOEST ANNOUNCED BY WOMEN TAKING BACK OUR NEIGHBORHOODS

“Women Taking Back Our Neighborhoods” (WTBON), is a group founded in 2018 in the Albuquerque South East Heights to inform the public and demand greater accountability from elected and other civic leaders for preventing crime on Central Ave., in neighborhoods, and in our public parks.
WTBON has announced a protest to be held on Tuesday June 21. The following press release was issued:

FOR IMMEDIATE RELEASE

“Women Taking Back Our Neighborhoods” (WTBON) will be meeting on the corner of Academy and Eubank, Tuesday, June 21, from 11:00 am to 1:00 pm, to protest the City of Albuquerque’s Council vote to institutionalize “Safe Open Spaces” and Motel Conversions in the City’s Zoning Code. The public is invited to stand with us.

As proposed, the city could designate two “Open Space” lots for each district, for a total of 18 lots in the city, and an untold number of motel conversions for unvetted homeless individuals coming to Albuquerque for the social benefits provided by the Family and Community Services Dept. The concept has never been brought to citizens for a vote, and the city does not have a plan of action in place, nor a budget for its implementation, which will be a tremendous amount of money as yet undefined which tax-payers will be responsible for. Considering the failure of the Tiny Homes to attract drug-free, homeless individuals to the campus, a city plan of 18 “Safe Open Spaces” will be another disastrous idea by the City that forces taxpayers to foot the bill and live with the consequences of crime to businesses and neighborhoods, decreasing property values and new residents, and reducing tourism.

WTBON urges all City Councilors to vote NO for Safe Open Spaces and Motel Conversions.

Albuquerque Journal Editorial “18 MORE CORONADO PARKS? Sanctioned encampments are supposed to clean up city, not sacrifice areas”; Sanctioned Encampments Will Jeopardize Federal Funding; “Women Taking Back Our Neighborhoods” Announces Protest

Posted on June 20, 2022 by

On Sunday, June 19, the Albuquerque Journal published an editorial on the City Council’s and Mayor Keller’s recent enactment and support of “Safe Outdoor Spaces” to deal with the homeless and to provide city sanctioned homeless encampments. Following is the entire, unedited editorial followed with further Dinelli commentary and analysis:

HEADLINE: 18 MORE CORONADO PARKS? Sanctioned encampments are supposed to clean up city, not sacrifice areas

BY ALBUQUERQUE JOURNAL EDITORIAL BOARD
PUBLISHED: SUNDAY, JUNE 19TH, 2022 AT 12:02AM
UPDATED: SUNDAY, JUNE 19TH, 2022 AT 12:15AM

“Sometimes the unvarnished truth just seeps out.

At a news conference Tuesday afternoon unrelated to the bland topic of the presser, Mayor Tim Keller made a stark acknowledgement when asked about the latest homicide at the city’s troubled Coronado Park.

“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,” the mayor said. “And that’s why they were all grouped to one area.”

So, there it was. The mayor said out loud what people who live and work near Third and Interstate 40 have complained about for years: Their neighborhood park was sacrificed to a tent city plagued by violence, drugs and filth to save another neighborhood.

“You can’t have it both ways,” Keller continued. “You want to close Coronado Park, you are going to open all of Wells Park neighborhood to something none of us want to see.”

Um, that’s not what the public was told when the City Council pushed through its “safe outdoor spaces” encampments plan. That proposal was pitched as the only way to be able to clean up cesspools like Coronado Park and get the unhoused off the sidewalks, out of the arroyos and parks and into sanctioned encampments with basic security, improved sanitary conditions and a path to services and more permanent housing.

It was not sold as a way to move the deck chairs on the Titanic.

The deplorable conditions at Coronado Park preceded Keller’s administration, though the pandemic and troubled economy have certainly exacerbated the number of people struggling with homelessness. And it has fallen on this city administration to finally address them.

After a long and contentious meeting on June 6 the Albuquerque City Council paved the way for sanctioned encampments, euphemistically termed “safe outdoor spaces,” in an attempt to get a grip on the homeless situation. The update to the city’s Integrated Development Ordinance, adopted by a 5-4 vote, adds safe outdoor spaces as a new use in certain nonresidential and mixed-use zones.

We’re officially told the safe outdoor spaces will be managed sites, up to two in each of the nine council districts, where people can sleep in tents or automobiles over the long-term while waiting for motel conversions or affordable housing. Each would have on-site restrooms and shower facilities.

Some city councilors say the city will be better able to enforce loitering, trespassing and overnight camping laws throughout the city if it has designated spaces for the homeless.

But until Tuesday we were apparently not given all the facts. Keller’s unbridled candor revealed that for years the homeless have essentially been funneled to Coronado Park like cattle through a chute and the city premeditated its surrender of the neighborhood to lawlessness.

So with up to 18 “safe outdoor spaces” now on the table, the public deserves to know: How many more neighborhoods will be sacrificed? And will replicating versions of Coronado Park be allowed?

Just last week a 33-year-old man was fatally shot there. It’s unclear if Andrew Aguilar lived at the unsanctioned encampment, but he was there at 2:30 a.m. Tuesday, and it’s where he died.

Aguilar’s slaying was the fourth homicide at or within a block of Coronado Park since 2019. No telling how many beatings, rapes and drug deals have gone down there, but the cleanup costs tell part of the story.

Every other week taxpayers’ foot the $27,154 bill for a multi-department team to temporarily clear and clean the park — and that’s not even a deep clean. How many discarded needles are buried and missed? It would take rotary tilling and a Hazmat team with metal detectors to make the park safe to use.

The sanctioned camp amendment bans registered sex offenders. But who’s going to enforce that? The same people who don’t enforce widespread illegal camping, that’s who.

Meanwhile Coronado Park’s homeless move a block or two away during the cleanups but immediately return in a perpetual game of cat-and-mouse. Others do drugs on the sidewalk or sleep under tarps along Third.

Open fires on sidewalks and in the park are not rare. And while there are homeless folks camping in every quadrant of the city, the Coronado Park neighborhood has become what Keller succinctly describes, the de facto location for everything negative that goes along with the desperate, lawless life of living on the streets: “Something none of us want to see.”

The mayor says along with the much-hyped Gateway Center shelter, safe outdoor spaces can help address homelessness. Great — but we repeat our qualified support that these are supposed to be clean and safe and in place of sleeping in parks, on sidewalks and in doorways, ditches and alleys; not filthy and dangerous and in addition to.

It’s not OK for anyone to live in squalid conditions on public property with the city’s OK — even if they want to.

We need to offer the unhoused safe and sanitary places to live temporarily while they get their lives in order, like the Westside Emergency Housing Center, the Gateway Center and Bernalillo County’s Tiny Home Village.

No one would want anyone they cared about living in or near the danger zone that is Coronado Park. We certainly don’t need 18 more of the same.

The link to the Albuquerque Journal editorial is here:

https://www.abqjournal.com/2509300/webhedline-90.html

THE FEDERAL HEARTH ACT

In May 2009, Congress passed the Homeless Emergency Assistance and Rapid Transition to Housing commonly known as the HEARTH Act. It is the the largest source of funding for homeless assistance programs and grants for city, county and state governments. The HEARTH Act accelerated the shift from temporary housing shelter to a “Housing First” policy. Housing First focuses on helping people experiencing homelessness get into permanent housing as quickly as possible, rather than conditioning permanent housing on sobriety, treatment, employment, or other milestones.

The HEARTH Act helped entrench federal support for Housing First and expanded the availability of permanent housing beyond people experiencing chronic homelessness to families, youth, and nondisabled, single adults. It authorized funds for rapid re-housing assistance to help people move into permanent housing and increase their incomes so they can remain housed without a long-term subsidy.

HEARTH expanded the definition of who should be considered homeless to include people at imminent risk of homelessness, previously homeless people temporarily in institutional settings, unaccompanied youth and families with persistent housing instability, and people fleeing or attempting to flee domestic violence.

The HEARTH Act provides that in order to receive federal dollars, cities must adopt a “housing first” policy and, crucially, that homeless organizations had to work together in “continuums of care” under a single lead agency, coordinating their programs and sharing data. The federal government had recommended these continuums of care since 1994, but not until the Hearth Act was funding tied to specific metrics of effectiveness.

Links to quoted news source material are here:

“Five Ways the HEARTH Act Changed Homelessness Assistance”

https://www.urban.org/urban-wire/five-ways-hearth-act-changed-homelessness-assistance#:~:text=In%20May%202009%2C%20Congress%20passed,funding%20for%20homeless%20assistance%20programs.

“How Houston Moved 25,000 People From the Streets Into Homes of Their Own”

https://www.nytimes.com/2022/06/14/headway/houston-homeless-people.html

CITY FUNDING

The City of Albuquerque has adopted the Housing First policy as mandated by the HEARTH Act in order to secure federal funding.

On May 16, the Albuquerque City Council voted to approve the 2022-2023 fiscal year city budget which will begin on July 1,2022 . The 2022-2023 approved city budget provides major funding of upwards of $60 Million to deal with the homeless. Included in the adopted budget is funding for Safe Community programs that deal with issues such as substance abuse, homelessness, domestic violence and youth opportunity. Following is a listing of approved funding:

• $24 million in Emergency Rental Assistance from the federal government, which the City will make available in partnership with the State.

• $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model. In addition, as recommended by the Mayor’s Domestic Violence Task Force, the budget includes $100 thousand for emergency housing vouchers for victims of intimate partner violence.

• $4.7 million net to operate the City’s first Gateway Center at the Gibson Medical Facility, including revenue and expenses for facility and program operations.

• $500 thousand to fund Albuquerque Street Connect, a program that focuses on people experiencing homelessness who use the most emergency services and care, to establish ongoing relationships that result in permanent supportive housing.

• $1.3 million for a Medical Respite facility at Gibson Health Hub, which will provide acute and post-acute care for persons experiencing homelessness who are too ill or frail to recover from a physical illness or injury on the streets but are not sick enough to be in a hospital.

• Full funding for the Westside Emergency Housing Center which is operated close to full occupancy for much of the year. On October 23, 2019, it was announced that Albuquerque’s West Side Emergency Housing Center was expanded to provide a coordinated approach to homelessness. The homeless use that facility to get medical care, treatment for addiction and behavioral health, job placement and case management services. The west side shelter now has the University of New Mexico Health Sciences Center, Presbyterian Hospital and Alburquerque Health Care for the Homeless providing medical services two days a week. It also has case management services being provided by Centro Savila, funded by Bernalillo County. Job placement opportunities are being provided by workforce connections.

https://www.abqjournal.com/1381895/westside-shelter-adds-computers-behavioral-health-care-and-career-services-ex-mayor-says-the-move-is-part-of-the-citys-multipronged-approach-to-homelessness.html

• $500 thousand to fund the development of a technology system that enables the City and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges.

The Fiscal Year 2023 budget includes the following funding for Safe Community programs:

• $1.8 million to develop what will be Albuquerque’s only medical substance abuse facility dedicated to youths likely housed at the Gibson Health Hub.

• Full funding for the Violence Intervention Program that deals with both APD and Family & Community Services departments, including the first phase of School-Based VIP in partnership with APS.

• $736 thousand to fully fund the Assisted Outpatient Treatment program.

• $730 thousand for a partial year of operation of a Medical Sobering Center at Gibson Health Hub, which will complement the social model sobering facilities available at the County’s CARES campus.

• Full funding for service contracts for mental health, substance abuse, early intervention and prevention programs, domestic violence shelters and services, sexual assault services, health and social service center providers, and services to abused, neglected and abandoned youth.
The link to the enacted 2022-2023 proposed budget is here:

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

COMMENTARY AND ANALYSIS

Political commentator Pete Dinelli and the Albuquerque Journal are often at odds as to how they see things, but when they do agree, it’s usually on positions that affect the City of Albuquerque or the conduct of elected officials. The June 19 Journal Editorial is one of those occasions when they agree. The JournAL Editorial essentially repeats identical arguments Pete Dinelli has made in recent blog articles about “Safe Outdoor Spaces”. The Journal arguments merit further discussion.

KELLER ACKNOWLEGES CORONDO PARK

Mayor Keller admitted that he and his Administration condoned and supported Coronado Park being used as a “de facto” city sanctioned homeless encampment even though its a public park and camping is illegal. The Journal noted “the homeless have essentially been funneled to Coronado Park like cattle through a chute and the city premeditated its surrender of the neighborhood to lawlessness” when he said at a June news conference:

“… 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.”

The Journal editorial continues:

“Every other week taxpayers foot the $27,154 bill for a multi-department team to temporarily clear and clean the park — and that’s not even a deep clean. How many discarded needles are buried and missed? It would take rotary tilling and a Hazmat team with metal detectors to make the park safe to use. … Meanwhile Coronado Park’s homeless move a block or two away during the cleanups but immediately return in a perpetual game of cat-and-mouse. Others do drugs on the sidewalk or sleep under tarps along Third. Open fires on sidewalks and in the park are not rare. And while there are homeless folks camping in every quadrant of the city, the Coronado Park neighborhood has become what Keller succinctly describes, the de facto location for everything negative that goes along with the desperate, lawless life of living on the streets … ”

The violent crime history of Coronado Park has been reported as has the monthly cost of cleanup. Simply put Coronado Park needs to be condemned by city council as a public nuisance.

Link to Dinelli blog article “Another Murder At Coronado Park; Park Is Symbol Of Tim Keller’s Failure To Deal With Homeless Crisis; City Council Should Declare Coronado Park A Public Nuisance, Enact Resolution Calling For Permanent Closure And Fencing Off With A Rededication Of Purpose”

KELLER AND COUNCIL’S GOAL IS TO CREATE TENT CITY’S, NOT PERMANENT HOUSING

According to the Journal editorial, the City Council pushed through the Safe Outdoor Space amendment “as the only way to be able to clean up cesspools like Coronado Park and get the unhoused off the sidewalks, out of the arroyos and parks and into sanctioned encampments with basic security, improved sanitary conditions and a path to services and more permanent housing. … It was not sold as a way to move the deck chairs on the Titanic.”

The truth is Keller’s and the City Council’s real goal is to create “tent” city’s. On
May 16 it was reported on www.PeteDinelli.com that city purchased tents were being proposed for “Safe Outdoor Spaces”. The link to the blog article “City Purchased Tents Proposed For “Safe Outdoor Spaces”; “Tent City’s” Will Destroy City’s Permanent Housing Efforts; Scant Evidence Found On How Permanent Homeless Shelters Affect Surrounding Community; Safe Outdoor Spaces Will Make City “Land of Encampments” is here:

https://www.petedinelli.com/?s=City+purchased+tents&submit=Search

On June 9, it was reported that city officials were laying out more details about what Albuquerque’s upcoming Safe Outdoor Spaces could look like in coming months. According to the report, the city wants to have a “safe outdoor space” up and running by the end of the summer. Two church congregations have shown interest in providing Safe Outdoor Space.

Elizabeth Holguin, the deputy director of Homeless Solutions in Albuquerque’s Family and Community Services Department, had this to say about the city’s plans to going forward with Safe Outdoors Spaces:

“… Usually the site will provide meals, there’s always bathrooms and hand washing stations, sometimes showers, sometimes Wi-Fi is provided, there’s a whole gamut of options that could happen with enough resources. … Just as in anybody’s home you know what they do in their tent is their business. … However, there is no drug dealing, no sort of transactions at all or any display of paraphilia in the common space. … Having the safe outdoor spaces would give that extra … layer of protection for the police department to be able to more definitively say you know ‘you want to camp, you can’t camp here, this is where you can camp now.”

It is clear from the city’s articulated plans as voiced by Elizabeth Holguin that “Safe Outdoor Spaces” are not temporary with “ bathrooms and hand washing stations, sometimes showers.”

Link to Dinelli blog article “Devil In The Details On Safe Outdoor Spaces; “Tent City” Is City’s Real Goal; First Encampment Expected By End Of Summer; Tell Council To Vote No On June 22 To Safe Outdoor Spaces”

https://www.petedinelli.com/2022/06/10/devil-in-the-details-on-safe-outdoor-spaces-tent-city-is-citys-real-goal-first-encampment-expected-by-end-of-summer-tell-council-to-vote-no-on-june-22-to-safe-outdoor-s/

NEIGHBORHOODS AND PARKS ARE AT RISK

The Journal editorial asks:

“[W]ith up to 18 “safe outdoor spaces” now on the table, the public deserves to know: How many more neighborhoods will be sacrificed? And will replicating versions of Coronado Park be allowed?”

It was on April 18, 2021 that www.PeteDinelli.com reported that it was first reported 5 Safe Outdoor Spaces were proposed in all 9 City Council Districts and that they had the potential of being Coronado Parks. The council later reduced the number to 2 in each council district for a total of 18. According to the April 18 blog article:

The City Council amendment to the Integrated Development Ordinance will allow … sanctioned homeless campsites in each of the city’s 9 city council districts, with … sanctioned campsites spread throughout the city, and allowing 40 tents, cars or recreational vehicles in each campsite … This is the best example of elected officials’ good intentions that will go awry making a crisis even worse. … sanctioned campsites, coupled with $59,498,915 million in spending for the homeless, will likely have the unintended consequence of making Albuquerque an even bigger magnet for attracting the homeless to the city.

Any city councilor or any member of the general public that thinks … city sanctioned campsites with upwards of 40 occupants spread throughout the city is somehow “good idea” need to have their head examined. All they need to do to realize this is a very bad idea is to take a tour of the Coronado Park located near I-40 and 2nd street. As of April 17, the public park has upwards of 60 tents with the homeless wondering the park and the surrounding area.

The link to the blog article “City Sanctioned Homeless Encampment Coming To Open Space Area Near You!; City Council To Allow 45 Homeless Camps For 1,800 Homeless And Allowing Up To 40 Tents; Councilors Need Their Heads Examined And Tour Coronado Park” is here

https://www.petedinelli.com/2022/04/18/city-sanctioned-homeless-encampment-coming-to-open-space-area-near-you-city-council-to-allow-45-homeless-camps-for-1800-homeless-and-allowing-up-to-40-tents-councilors-need-their-heads-exami/

The answer as to the Journal’s question of “how many more neighborhoods will be sacrificed” is provided by a map prepared by the city detailing where “safe outdoor space” zoning would be allowed for encampments. The map reveals numerous areas in each of the 9 City Council districts that abut or within walking distance or are actually in many residential areas.

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 includes open space owned by the city. The map does not account for religious institutions that may want to use their own 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

The map of eligible open space for Safe Outdoor spaces includes open space owned by the city. What is also clear is that Coronado Park is evidence that the city has the authority and ability to convert any city park into a homeless encampment if it so desires without city council approval nor any public input.

Link to Dinelli blog article “City Councilor Brook Bassan At Worst Lies, At Best Misleads, Constituents By Making Guarantees She Can’t Keep On Location Of “Safe Outdoor Spaces” And North Domingo Park”

https://www.petedinelli.com/2022/06/17/city-councilor-brook-bassan-at-worst-lies-at-best-misleads-constituents-by-making-guarantees-she-cant-keep-on-location-of-safe-outdoor-spaces-and-north-domingo-park/

SAFE OUTDOOR SPACES VIOLATES “HOUSING FIRST” POLICY

The Journal editorial says:

“The mayor says along with the much-hyped Gateway Center shelter, safe outdoor spaces can help address homelessness. Great — but we repeat our qualified support that these are supposed to be clean and safe and in place of sleeping in parks, on sidewalks and in doorways, ditches and alleys; not filthy and dangerous and in addition to.”

Research shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments such as “Safe Outdoor Spaces”. What Mayor Tim Keller has done with his support of city sanctioned “Safe Outdoor Space” homeless encampments is to undercut the policy of shelter and housing first policy mandated to secure federal funding under the HEARTH Act.

If the City Council and Mayor Tim persist in going down the road of allowing 18 “safe outdoor spaces”, 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 city has likely not revealed if it has disclosed its plans for Safe Outdoor Spaces in federal grant applications to help the homeless. Mayor Tim Keller and the City Council allowing city sanctioned “Safe Outdoor Space” homeless encampments more likely than not will place into jeopardy federal funding under the HEARTH Act resulting in grant funding being denied

THEY JUST DON’T GET IT

Too many elected and government officials, like Democrat Mayor Tim Keller, and Democrat City Councilors Isaac Benton, Pat Davis and Tammy Fiebelkorn and Republican City Councilors Brook Bassan and Trudy Jones who want to establish government sanction encampments have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

CITY MEETING MORAL OBLIGATION TO HOMELESS WITHOUT SAFE OUTDOOR SPACES

The city has a moral obligation to help the homeless, especially those who suffer from mental illness and drug addiction. The city is in fact meeting that moral obligation. Albuquerque 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 massive facility could be remodeled even further to house the homeless and convert offices, treating rooms, operating rooms and treatment rooms into temporary housing accommodations. The onsite auditorium and cafeteria could also be utilized for counseling and feeding programs for service providers.

LAW ENFORCMENT MUST PLAY ROLE IN DEALING WITH HOMELESS

Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

COUNCIL CAN RECONSIDER

On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and vote on the Safe Outdoor Space resolution being prepared by the Family and Community Services Department. Reconsideration of the Integrated Development Ordinance would require at least one city councilor who voted for the IDO to change their vote. Those city Councilors who voted NO were Democrats Klarisa Pena, Louie Sanchez and Republicans Dan Lewis and Renee Grout. This means Republicans Trudy Jones or Brook Bassan, and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the Safe Out Door Space amendment.

PRTOEST ANNOUNCED BY WOMEN TAKING BACK OUR NEIGHBORHOODS

“Women Taking Back Our Neighborhoods” (WTBON) is a citizen activist group founded in 2018 in the Albuquerque South East Heights to inform the public and demand greater accountability from elected and other civic leaders for preventing crime on Central Ave., in neighborhoods, and in public parks.

WTBON has announced a protest to be held on Tuesday June 21. The following press release was issued:

FOR IMMEDIATE RELEASE

WTBON urges all City Councilors to vote NO for Safe Open Spaces and Motel Conversions.”

Take Aways From 3rd Day of January 6 Capitol Riot Congressional Hearinings; Der Führer Trump Lashes Out And Claims January 6 Riot “A Simple Protest That Got Out Of Hand”; Trump: The Once Future Fascist Who Wants To Be President Again

Posted on June 19, 2022 by

On June 17, the United State House Committee investigating the January 6, 2021 attack on the US Capitol held its third hearing reporting its finding. The hearing last 4 hours and was televised by the major news media outlets. The hearing began with opening statements for the committee’s chair Democrat Bennie Thompson and Republican Vice Chair Liz Cheny followed by the live testimony from witnesses accompanied by video from those who testified by deposition.

CNN REPORT

On June 17, the national news agency CNN posted on it web page an article entitled
“8 takeaways from the January 6 hearings day 3” written by CNN staff reporters Jeremy Herb, Marshall Cohen and Zachary Cohen.

Following is the unedited article in full:

(CNN)”The House select committee investigating the Capitol insurrection on Thursday detailed how former President Donald Trump tried to pressure his vice president to join in his scheme to overturn the presidential election — and how Mike Pence’s refusal put his life in danger as rioters called for his hanging on January 6, 2021.

Two witnesses testified at Thursday’s hearing who advised Pence that he did not have the authority to subvert the election, former Pence attorney Greg Jacob and retired Republican judge J. Michael Luttig.

The committee walked through how conservative Trump attorney John Eastman put forward a legal theory that Pence could unilaterally block certification of the election — a theory that was roundly rejected by Trump’s White House attorneys and Pence’s team but nevertheless embraced by the former President.

The House select committee investigating the Capitol insurrection on Thursday detailed how former President Donald Trump tried to pressure his vice president to join in his scheme to overturn the presidential election — and how Mike Pence’s refusal put his life in danger as rioters called for his hanging on January 6, 2021.

Here are the key takeaways from the committee’s third hearing this month:

TRUMP WAS TOLD EASTMAN’S PLAN WAS ILLEGAL — BUT TRIED IT ANYWAY

“There were many revelations, but the perhaps most important one: Trump was told repeatedly that his plan for Pence to overturn the election on January 6 was illegal, but he tried to do it anyway.

According to witness testimony, Pence himself and the lawyer who concocted the scheme advised Trump directly that the plan was unconstitutional and violated federal law. Committee members argued that this shows Trump’s corrupt intentions, and could lay the groundwork for a potential indictment.

In a videotaped deposition, which was played Thursday, Pence’s chief of staff Marc Short said Pence advised Trump “many times” that he didn’t have the legal or constitutional authority to overturn the results while presiding over the joint session of Congress on January 6 to count the electoral votes.

Even Eastman, who helped devise the scheme and pitched it to Trump, admitted in front of Trump that the plan would require Pence to violate federal law, according to a clip of a deposition from Jacob, Pence’s senior legal adviser, which was played at Thursday’s hearing.

Legal scholars from across the political spectrum agree that Eastman’s plan was preposterous. Luttig, the former federal judge who advised Pence during the transition, testified at Thursday’s hearing that he “would have laid my body across the road” before letting Pence illegally overturn the election.”

THE PANEL TIED THE MIKE PENCE PRESSURE CAMPAIGN TO JANUARY 6 VIOLENCE

The committee tried to connect Trump’s pressure campaign against Pence to the violence on January 6, by weaving together testimony from Pence aides, Trump’s public statements and comments from rioters at the Capitol.

Some of the most compelling evidence came from the rioters themselves.

Many of them had listened to Trump’s rallies where he claimed — inaccurately — that the election was rigged against him, and Pence had the power to do something about it while presiding over the Electoral College certification.

While the insurrection was underway, they cited Trump’s comments about Pence. And many of them saw, in real-time, Trump’s tweet criticizing Pence while the Capitol was under attack, where he said Pence “didn’t have the courage to do what should have been done.”

The point of highlighting this on Thursday was to lay the blame for the violence at Trump’s feet. And right after the attack, many top Republicans agreed with that conclusion. But over the last year and a half, many Republicans have shied away from blaming Trump, and the committee hopes to change that.

Former Trump White House attorney Eric Herschmann told the committee that Eastman told him he was willing to accept violence in order to overturn the 2020 election. The panel played video from Herschmann’s deposition where he described a conversation with Eastman about his claims that the vice president could overturn the election in Congress.

Herschmann warned Eastman that his strategy, if implemented, was “going to cause riots in the streets.”

“And he said words to the effect of, ‘There’s been violence in the history of our country in order to protect the democracy, or to protect the republic,’ ” Herschmann said.

Greg Jacob and J. Michael Luttig are sworn in before testifying during the hearing Thursday.

And the committee highlighted testimony from witnesses who described Turmp exacerbating the situation on January 6 during the riot. Deputy press secretary Sarah Matthews testified in a taped deposition that was shown that a tweet Trump sent on January 6 helped escalate the situation.

“It felt like he was pouring gasoline on the fire,” she added.

THE DANGER TO PENCE WAS REAL AS THE MOB GOT ABOUT 40 FEET FROM THE VICE PRESIDENT

“The committee underscored that Pence was in real danger on January 6, and the panel made the case that Trump was to blame.

The mob got about 40 feet from Pence — that’s a little more than a first down in football. Rioters threatened him by name, and were enraged that he didn’t overturn the election, because they believed Trump’s lie that Pence could unilaterally nullify Joe Biden’s victory in the Electoral College.
“Vice President Pence was a focus of the violent attack,” said committee member Rep. Pete Aguilar, a California Democrat.

Pence’s team evacuated and the committee showed new images of the then-vice president sheltering in a basement bunker in the US Capitol as the violence unfolded.

Pence and his wife, Karen Pence, reacted “with frustration” to the fact that Trump never called to check on them, according to Jacob’s testimony.

Pence and Trump’s relationship had soured deeply in the lead-up to the January 6 congressional session, as Pence made clear that he would not comply with the scheme to overturn the election results that Trump was pushing.

Trump then began to turn on his vice president in his public remarks, stirring up his supporters’ anger.
For his part, as he worked from a secure location in the Capitol, Pence reached out to congressional leaders, the acting defense secretary and others “to check on their safety and to address the growing crisis,” Aguilar said Thursday.”

EASTMAN WOULDN’T TAKE NO FOR AN ANSWER ON OVERTURNING THE ELECTION

“The hearing underscored how Eastman had pushed over and over for Pence to try to overturn the election, despite facing sharp resistance from White House lawyers and Pence’s team.

Even after the riot at the Capitol, Eastman was still pursuing efforts to block the election result, the committee revealed. Eastman’s actions in many ways mirrored those of Trump, who also refused to accept Pence’s rejection and lashed out at his vice president in his speech and on Twitter.

The committee played testimony from video depositions where White House officials explained how they thought Eastman’s theory was “nutty” before January 6 — and told him so. Jacob described Eastman’s plans as “certifiably crazy.”

Jacob, Pence’s chief counsel, described the meetings he’d had with Eastman on January 4 and January 5, including when Eastman directly asked him for Pence to reject electors.

“I concluded by saying, ‘John, in light of everything that we’ve discussed, can’t we just both agree that this is a terrible idea?’ ” Jacob said. “And he couldn’t quite bring himself to say yes to that. But he very clearly said, ‘Well, yeah, I see we’re not going to be able to persuade you to do this.’ And that was how the meeting concluded.”

But on the evening of January 6 — after rioters had attacked the Capitol and forced the vice president and his team to flee — Eastman tried to leverage the delay in certification by arguing there had been a minor violation of the Electoral Count Act and Pence should delay for 10 days as a result.

In a phone call with Herschmann on January 7, Eastman was still pursuing legal options to appeal the election results in Georgia.

Herschmann told the committee in a deposition: “I said to him, ‘Are you out of your effing mind? Because I only want to hear two words coming out of your mouth from now on: orderly transition.'”

EASTMAN EMAILED GIULIANI ABOUT RECEIVING A PRESIDENTIAL PARDON AFTER JANUARY 6

“Eastman emailed Rudy Giuliani a few days after January 6, 2021, and asked to be included on a list of potential recipients of a presidential pardon, the committee revealed during Thursdays hearing.

The committee said Eastman made the request to Giuliani, Trump’s former attorney, in an email.

“I’ve decided that I should be on the pardon list, if that is still in the works,” the email from Eastman to Giuliani read.

Eastman did not ultimately receive a pardon and refused to answer the committee’s questions about his role in efforts to overturn the 2020 election, repeatedly pleading the Fifth during his deposition.

The committee argued during Thursday’s hearing that Eastman’s request for a pardon, and his decision to repeatedly plead the Fifth when questioned previously by the panel, indicates Eastman knew his actions were potentially criminal.

CNN previously reported that Giuliani and other Trump associates had raised the idea of receiving preemptive pardons in the weeks leading up to January 6 but the US Capitol riot had complicated his desire to pardon himself, his kids and personal lawyer. At the time, several of Trump’s closest advisers also urged him not to grant clemency to anyone involved in the January 6 attack, despite Trump’s initial stance that those involved had done nothing wrong.”

THE STAR OF THURSDAY’S HEARING WAS NOT IN THE ROOM

One person noticeably absent on Thursday was the star of the hearing himself: the former vice president.

The committee cast Pence as the hero — making the case that American democracy would have slipped into a state of chaos had he succumbed to Trump’s pressure campaign.

But as the committee touted Pence’s commitment to the Constitution and bravery on January 6, it was impossible to ignore the fact that the former vice president was not in the room.

Instead, the committee relied on live witness testimony from the two former Pence advisers who appeared to speak on his behalf.

Earlier this year, the committee’s chairman, Democratic Rep. Bennie Thompson of Mississippi, had suggested the committee would seek testimony from Pence. Still, the prospect of Pence appearing before the committee, particularly in public, has always been viewed as a long shot — to say the least.

Asked Wednesday if the committee is still interested in hearing from Pence, committee aides demurred, telling reporters the investigation is ongoing and therefore they cannot provide details about any engagement with a particular witness.

“Nothing new to share on that, other than we continue to search for facts and if there is more to share, we’ll share it in the future,” one of the aides said.

The fact that two of Pence’s former advisers appeared Thursday, and Short testified on camera behind closed doors, indicates that Pence was not actively seeking to block those around him from sharing information with the committee in his stead.

LUTTIG TURNS PARTS OF THE HEARING INTO A LENGTHY CONSTITUTIONAL SEMINAR

“The January 6 committee’s hearings to date have been briskly produced affairs, with emotional, violent video interspersed with testimony from depositions — and minimal live witness testimony.

On Thursday, Luttig, a retired judge, had other ideas.

Luttig gave lengthy, meandering answers with a halting approach that stretched on while he dove into issues like the history of the Electoral Count Act.

Luttig’s comments were basically the opposite of “must-see TV,” the prime-time hearings that committee has signaled it’s holding to try to connect with the American public about the significance of the January 6 attack on the Capitol and on democracy.

At the same time, the points Luttig made — about how the legal schemes Eastman and Trump pushed were baseless and Trump was told as much before January 6 — were essential to the committee’s case trying to connect Trump’s efforts to overturn the election to the violence. But his delivery got in the way of his message.”

AMERICAN DEMOCRACY IS ON THE LINE

“The investigation is about the 2020 election, but committee members went to great lengths to reframe the conversation about the future threats to democracy, with an eye toward 2024.

And it’s not just the Democrats who run the committee who are raising the alarm about Trump’s increasingly anti-democratic behavior, and what it means for future elections.

Jacob said Trump’s plan was “antithetical to everything in our democracy” and would’ve thrown the nation into an unprecedented constitutional crisis.”

Luttig said Trump poses a “clear and present danger to American democracy.” The conservative Republican said he had reached this conclusion because Trump and his allies are still lying about the 2020 election, endorsing candidates who are promoting these lies and showing no signs of backing down.

The committee says it will put forward legislative proposals to clarify old election laws, close the loopholes that Trump and Eastman tried to exploit, and safeguard the transition of power. There is bipartisan interest in passing some of these proposals, but it’s not clear yet if there is enough support to send any bills to Biden’s desk. With the midterm elections looming, time may be running out.”

The link to the CNN article is here:

https://www.cnn.com/2022/06/16/politics/january-6-hearing-day-3-takeaways/index.html

NBC NEWS REPORT

On June 16, NBC news reported its own key takeaways from the third Jan. 6 committee public hearing in a report written by NBC news staff reporter Scott Wong entitled. Five major takeaways were reported:

EASTMAN WAS AIDING TRUMP’S PRESSURE CAMPAIGN

“On Jan. 4, 2021, two days before the deadly Capitol riot, Eastman acknowledged to Trump, Pence counsel Greg Jacob and others in the Oval Office that his strategy violated the Electoral Count Act and was illegal, Jacob testified.

A day later, Eastman had reversed course and was again pushing the Pence team to pursue the most aggressive option: reject electors from contested states in a bid to overturn the election.

“I was surprised because I viewed it as one of the key concessions the night before,” Jacob told the Jan. 6 panel Thursday.

Even after Pence and congressional lawmakers had to flee for their safety, multiple people had died in the attack, Eastman — late on the night of Jan. 6 — emailed a furious Jacob and asked the Pence team to “consider one more relatively minor violation” and delay certification for 10 days to allow states to investigate unfounded allegations of widespread fraud.”

JAN. 6 COMMITTEE FOCUSED ON TRUMP’S PRESSURE ON PENCE TO OVERTURN ELECTION

“So even after the attack on the Capitol had been quelled, Dr. Eastman requested — in writing no less — that the vice president violate the law by delaying the certification and sending the question back to the states?” asked John Wood, a senior investigative counsel for the committee. “Is that correct?”
“It is,” Jacob replied.

Finally, the committee presented an email where Eastman informs Rudy Guiliani, then Trump’s personal attorney, days after the deadly riot: “Third, I’ve decided that I should be on the pardon list, if that is still in the works.”

“The request of a constitutional pardon … indicates some consciousness of guilt or at least fear of guilt,” one committee member, Rep. Jamie Raskin, D-Md., said after the hearing. “He’s entitled to the presumption of innocence like everyone else.”

While Eastman is a relatively unknown figure in national politics, the Jan. 6 panel sought to elevate him to highlight the dangers of his unconstitutional legal theory and how there remains an ongoing threat to democracy.”

TRUMP KNEW HE WAS PUTTING PENCE’S LIFE AT RISK

From previous leaks and reporting, the public already knew the general timeline of events on Jan. 6. But the committee Thursday offered details and testimony proving that Trump was aware of violence at the Capitol when he tweeted at 2:24 p.m. that day that Pence lacked the “courage” to overturn the election.

Trump’s chief of staff at the time, Mark Meadows, has refused to testify before the Jan. 6 panel, but Meadows aide Ben Williamson and White House press aide Sarah Matthews testified previously that they were concerned about the riot at the Capitol, conferred and hoped the president could quell the violence.

Williamson, a former House aide, walked over to Meadows and informed him of the situation, then followed his boss down the hallway: “It looked like he was headed in the direction of the Oval Office.”

“Mr. Meadows went to the Dining Room near the Oval Office to tell the President about the violence at the Capitol before the president’s 2:24 p.m. tweet,” said Rep. Pete Aguilar, D-Calif., a Jan. 6 committee member, who added that future hearings will more details about what was happening at the White House that afternoon.

After Trump’s tweet, “the crowds both outside the Capitol and inside the Capitol surged,” Aguilar said. “The crowds inside the Capitol were able to overwhelm the law enforcement presence and the vice president was quickly evacuated from his Ceremonial Senate Office to a secure location within the Capitol complex.”

PENCE’S TEAM WAS UNIFIED AGAINST TRUMP’S PLAN

Much has been made about Pence’s bravery on Jan. 6, standing firm against Trump’s pressure campaign even as Trump belittled him and a mob of his supporters hunted him in the Capitol that day looking to hang him.

But the committee showed Thursday that Pence was backed by a team of aides and political allies who repeatedly made the case to the vice president that he had no authority to interfere in the election process and block Biden’s victory.

“There was a unified front,” Olivia Troye, a former Pence aide who attended Thursday’s hearing, told NBC News.

Pence personally had received legal advice from the two witnesses who testified on Thursday: Jacob and Luttig, a former Justice Department official and federal judge appointed by George H.W. Bush. He called up a fellow GOP vice president and Hoosier, Dan Quayle, who told him he had no role other than to certify. Pence took a phone call from former Speaker Paul Ryan, R-Wis., his old House colleague, who urged him to stand firm.

And on the morning of Jan. 6, before his drive to the Capitol, Pence huddled at his residence with his top aides — Marc Short, Jacob and Chris Hodgson — and they prayed together.

At the end of that violent and historic day, Short texted Pence a Bible verse: 2 Timothy 4: 7.
“I have fought the good fight, I have finished the race, I have kept the faith.”

Chairman Bennie Thompson, D-Miss., heaped praise on his GOP witnesses Thursday: “In the weeks leading up to Jan. 6th, many people failed this test when they had to choose between their oath to the country or the demands of Donald Trump.

“But there were others who like you stood tall in the face of intimidation and put our democracy first.”

ALL THE PRESIDENT’S MEN

During the past three hearings, nearly all of the witnesses testifying before the Jan. 6 panel — both in recorded depositions and live testimony — have been Republican and male.

In taped testimony, there was Short; former Attorney General William Barr and his successor, Jeffrey Rosen; and Trump White House lawyer Eric Herschmann.

At Monday’s hearing, the committee heard from a trio of Republicans — election attorney Benjamin Ginsberg, former U.S. Attorney BJay Pak, and former Philadelphia City Commissioner Al Schmidt — as well as from Chris Stirewalt, a former Fox News journalist.

Two other Pence associates, Jacob and J. Michael Luttig testified in person Thursday.

Committee members said it makes sense for Republicans to be testifying in these hearings because they were the ones who had a front-row seat to Trump’s efforts to stay in power; they witnessed the events.

But by having Republicans tell the story of what happened to the American public, Democrats who lead the Jan. 6 panel are further insulating themselves from GOP attacks that the yearlong investigation is an election-year political witch hunt, designed to prevent Trump from ever ascending to the White House again.

In this hyper-partisan political environment, the Jan. 6 committee is letting Republicans — specifically those in the Trump White House and administration — build the case against Donald Trump.

The link to the NBC news report is here:

https://www.nbcnews.com/politics/congress/takeaways-day-3-jan-6-hearings-lawyer-eastman-told-trump-election-plot-rcna34034

DER FÜHRER TRUMP REACTS

On June 17, the Los Angles times reported on Der Führer Trump making his first public appearance since the House committee investigating the January 6 insurrection hearing that have revealed his desperate attempts to subvert democracy and remain in power. In doing so, he lashed out as he continued to tease his plans for a third presidential run.

Speaking to religious conservative group Faith and Freedom Coalition’s “Road to Majority” conference at a resort near the Grand Ole Opry, Der Führer Trump blasted the committee’s efforts as a “theatrical production of partisan political fiction” and insisted he had done nothing wrong. Der Führer Trump told the group:

“What you’re seeing is a complete and total lie. It’s a complete and total fraud.”

Trump dismissed the video footage and searing testimony presented by the committee, including first-hand accounts from senior aides and family members, as having been selectively edited. And he downplayed the insurrection as “a simple protest that got out hand.” Trump also said only one person died, an innocent woman who was killed by a cop, and that the protesters were not armed. The truth is 9 people were killed and the rioters were heavily armed including the “Proud Boys”.

Trump’s appearance at the event long known as a testing ground for presidential hopefuls comes as he has been actively weighing when he might formally launch another White House campaign. The debate, according to people familiar with the discussions, centers on whether to make an announcement this summer or early fall or, in accordance with tradition, to wait until after the November midterm elections.

While allies insist he has yet to make a decision, Trump for months has been broadcasting his intentions and continued to tease them Friday.

Der Führer Trump told the crowd:

“One of the most urgent tasks facing the next Republican president — I wonder who that will be. … “Would anybody like me to run for president?”

His comments unleashed cheers from the crowd.

While Trump denied ever calling Pence a “wimp,” he did railed against his former vice president, saying:

“Mike did not have the courage to act.” That drew applause from a crowd before which Pence, an Evangelical Christian, has spoken numerous times.

One witness at the congressional hearing said Trump called Pence “a pussy”.

Trump has spent the last year and a half holding rallies, delivering speeches and using his endorsements to exact revenge and further shape the party in his image.

The link to the full unedited quoted news article is here:

https://www.latimes.com/world-nation/story/2022-06-17/trump-lashes-out-at-jan-6-committee-as-he-teases-2024-run

COMMENTARY AND ANALYSIS

Any and all doubts that Donald Trump is a fascist should be laid to rest by the evidence presented on at the June 17 hearing by the United State House Committee investigating the January 6, 2021 attack on the US Capitol.

There is little doubt that the testimony presented by member’s 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 is could and will happen again if Der Führer Trump runs for President again, unless of course he is indicted and convicted for the crimes he committed with his failed attempt to overthrow our democracy.

A link to a related blog article is here:

Trump: The Once And Future Fascist Who Wants To Be President Again; US Military Loyalty To Democracy Has Saved It

City Councilor Brook Bassan At Worst Lies, At Best Misleads, Constituents By Making Guarantees She Can’t Keep On Location Of “Safe Outdoor Spaces” And North Domingo Park

Posted on June 17, 2022 by

On June 16, KOB Channel 4 reported on a neighborhood association meeting held in the far North East Heights City Council District 4 represented by first term Republican City Councilor Brook Bassan. In 2017 Republican Brook Bassan was elected to replace retiring 4 term Republican City Councilor Brad Winter. The major borders of District 4 are generally Montano/Montgomery on the South, Tramway on the North, Academy/Ventura/Holbrook on the East and Edith on the West.

The June 16 neighborhood association meeting was a regularly scheduled meeting that Bassan agreed to speak to discuss efforts to combat crime. The meeting degenerated into a heated discussion of Bassan’s support of “Safe Outdoor Spaces” which are city sanctioned homeless encampments that will be allowed in all 9-council district and that she voted to support.

THE KOB 4 REPORT

Following is the transcribed KOB Channel 4 report:

A post on the Nextdoor app prompted a record turnout at a northeast Albuquerque neighborhood association meeting Thursday night. It named a potential location for the recently passed “safe outdoor space” as North Domingo Baca Park.

“This is the biggest turnout I’ve ever seen in a meeting,” said Amie Norman, who lives in the northeast heights. “There are probably 150 people that all have something to say, opinions one way or another. I am definitely not for it. I don’t know what the solution is but this isn’t it.”

Albuquerque City Councilor Brook Bassan had no problem reading the room. She was there with APD’s northeast commander for a scheduled neighborhood association meeting about an uptick in crime in northeast Albuquerque businesses. However, dozens of concerned neighbors had questions for Bassan about the possibility of a homeless camp moving into the nearby lot.

“Hello everybody I know you’re all angry at me,” Bassan started. “Let me explain.”

She says this is a case of miscommunication.

“It’s not going to happen two in every single district, it’s not going to happen overnight and I can guarantee you it was never going to happen near residential properties, at businesses in Albuquerque that are nearby here and certainly not south of North Domingo Baca Park. It was never, ever, ever a proposal,” Bassan iterated.

Councilors showed a map of potential locations based on zoning at a meeting earlier this month, including the lot in question near the park, but nothing is set in stone.

“‘The zoning here would technically allow that,” Bassan said. “Technically allow that. The City of Albuquerque would be able to choose which properties if we decided to do it.”

The meeting at least provided a glimpse into some neighbors’ thoughts and other local leaders’ thoughts, like those of Bernalillo County Commissioner Walt Benson, on the possibility.

“We’re enabling and incentivizing homelessness and crime,” Benson said. “The real winners to these sanctioned encampments are drug dealers and human traffickers. I’m absolutely opposed to it. Setting up a permanent tent where they can just do drugs all day long that’s not the solution.”

The city hopes to start with one camp and go from there. Representatives from the Family and Community Services Department, which is funding these spaces, announced recently that they have two interested church congregations.

The link to the KOB 4 report is here:

https://www.kob.com/new-mexico/neighbors-question-safe-outdoor-space-location/

SAFE OUTDOOR SPACE WILL ABUT AND AFFECT NEIGHBORHOODS

On June 6, the Albuquerque City Council enacted upwards of 100 amendments updating the Integrated Development Ordinance. The legislation passed on a 5 to 4. One of the amendments was for city sanctioned homeless encampments called “Safe Outdoor “Spaces”.

“Safe outdoor spaces” will permit 2 homeless encampments in all 9 city council disitricts 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 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 are abut to or 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”.

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 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

COMMENTARY AND ANALYSIS

You know a city councilor is in serious political trouble and has lost credibility with their constituents when they begin a meeting by saying:

“Hello everybody I know you’re all angry at me. … Let me explain.”

It is downright laughable when City Council Brook Bassan says this is a case of “miscommunication”. At one point she also said “social media” is responsible for the miscommunication. The truth is, there was absolutely no communication on her part and the City Council to have any meaningful dialogue with city residents on their feelings about Safe Outdoor Spaces, albeit because they know damn well that property and home owners would strenuously oppose them, as they should.

City Council Brook Bassan at worse lied and at best mislead her constituents when she said:

“It’s not going to happen two in every single district, it’s not going to happen overnight and I can guarantee you it was never going to happen near residential properties, at businesses in Albuquerque that are nearby here and certainly not south of North Domingo Baca Park. It was never, ever, ever a proposal.”

These comments are false or misleading. The Safe Outdoor Spaces amendment specifically allows for 2 in every single city council district for a total of 18. When she says it’s not going to happen overnight, the city’s goal is to have the first “Safe Outdoor Space” up and running within a few months at the end of the Summer. There are also 2 religious organizations that have already said they plan on establishing Safe Outdoor Spaces on their properties.

It is false when Bassan says “I can guarantee you it was never going to happen near residential properties”. Basaan cannot make such a guarantee that the city nor private property owners will be prevented from establishing safe open spaces on property owned nor apply for a special use. The map prepared by the city of where Safe Outdoor spaces will be allowed reveals upwards of 15% of the city will allow for “safe outdoor” spaces as a “permissive use” or “conditional use” on property that abut residential areas.

NORTH DOMINGO BACA PARK CAN BECOME ANOTHER CORONDO PARK

Brook Bassan cannot guarantee that North Domingo Baca Park will not be used by the City as a homeless encampment. Bassan admitted “‘The zoning here would technically allow that [safe outdoor space] ” which means it could very easily become a reality and North Domingo Baca Park could become a city sanction “homeless encampment” with or without her approval or the city council approval. If Basaan thinks otherwise, she is a fool because the city has already made a city park a de facto city sanctioned homeless encampment without city council approval.

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. On June 14, another murder was reported. In 2019, a disabled woman was raped, and in 2018 there was a murder. Police 911 logs reveal a variety of other issues. In February 2019, police investigated a stabbing after a fight broke out at the park. One month before the stabbing, police responded to a call after a woman said she was suicidal, telling police on lapel camera

A FAILURE TO LEARN FROM YOUR MISTAKES

What Mayor Tim Keller and the City Council 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 injurious to public health, safety and welfare and will interferes with the exercise and enjoyment of public rights, including the right to use public property. The practical effect of the “Safe Outdoor Spaces” amendment will be to create “mini” Coronado Parks in all 9 city council districts.

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 with “safe outdoor spaces”. If the City Council and the Mayor persist in going down the road of allowing 18 “safe outdoor spaces”, 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.

Too many elected and government officials, like Brook Bassan, who want to establish government sanction encampments have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations arrests are in order.

Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

CONCLUSION

Mayor Tim Keller Supports City Sanctioned “Safe Outdoor Space” Homeless Encampments Contrary To His Own Policy Of Shelter And Housing; Contact City Counselors To Reverse Adoption Of Safe Outdoor Spaces Amendment

Posted on June 16, 2022 by

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 are adjacent to or 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”.

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

After the vote to adopt the amendment to the Integrated Development Ordinance, including the “Safe Outdoor Spaces“ amendment, the council voted to defer to the June 22 meeting the Safe Outdoor Space amendment to the Keller administration to draft procedures for safe outdoor spaces. Mayor Tim Keller’s office has been instructed to look at locations and come up with the details of what resources would be available.

CITY COUNCIL CAN STILL REJECT SAFE OUTDOOR SPACES

On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and the Safe Outdoor Spaces amendment. That would require at least one city councilor who voted for the Integrated Development Ordinance and Safe Outdoor spaces to change their vote. Meaning one or more of the city councilors of Trudy Jones, Brook Bassan, Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the amendments.

The links to quoted news sources are here:

https://www.abqjournal.com/2506358/council-votes-to-allow-safe-outdoor-spaces.html

https://www.kob.com/new-mexico/albuquerque-city-council-passes-safe-outdoor-spaces-legislation/

SHELTERED VERSUS UNSHELDTERED

Rachel Biggs is the chief strategy officer with Albuquerque Healthcare for the Homeless. She has said the homeless population experiences violence at a rate 25 times higher than the general population. According to Biggs, in New Mexico, unsheltered homelessness has higher rates of early mortality, dying 20 to 30 years sooner than those who are housed.

Biggs had this to say:

“Everyone in the community] can agree that people should not be forced to live outside. … I know we are all coming at this from different viewpoints but when we talk about folks living unsheltered in our community, we look at it as an issue of human rights, social justice and health for everyone in a community. … [Albuquerque Healthcare for the Homeless invests resources] into solutions that we know hold up to ending homelessness and that is housing.”

The link to the quoted source material is here:

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

FOUR MURDERS AT CORONADO PARK IN 2 YEARS

Coronado Park, located at third and Interstate 40, is considered by many as the epicenter of Albuquerque’s homeless crisis. On June 14, it was reported that the Albuquerque Police Department was called out to Coronado Park investigate a shooting that left a man dead. The Albuquerque Fire Rescue (AFR) was contacted around 2:40 a.m. Tuesday morning about a man who was “down and out” at Coronado Park. Police say AFR went to check on the man and discovered he had suffered from a gunshot wound.

Over the last 10 years, Coronado Park has essentially 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.

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.

MAYOR TIM KELLER SUPPORTS SAFE OUTDOOR SPACES

During an unrelated news conference on the city’s expansion of its speed camera system, Mayor Keller was asked about the latest killing at Coronado Park and why something is not being done about it being used as a homeless encampment.

In response to the questioning, Keller said he and the city has plans for addressing homelessness. Those plans include the long-awaited Gateway Center shelter and services center at the old Lovelace hospital. Keller said the Gateway Center project has been delayed due to neighborhood opposition and a “never-ending purgatory of policy”. Mayor Keller also noted that the city plans include “safe outdoor spaces” as part of its plans to deal with the homeless.

During the news conference, Mayor Keller admitted that he and his Administration condoned and supported Coronado Park being used as a “de facto” city sanctioned homeless encampment. Keller said this:

Link to quoted news source material:

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

“TENT CITY, USA”

Research 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”. The National Law Center on Homelessness & Poverty is a national legal group dedicated to ending and preventing homelessness. It works to expand access to affordable housing, meet the immediate and long-term needs of those who are homeless or at risk, and strengthen the social safety-net through policy advocacy, public education, impact litigation, and advocacy training and support.

The National Law Center on Homelessness & Poverty has released two studies relating to “safe outdoor spaces” and tent citys with titles and links here:

“TENT CITY, USA The Growth of America’s Homeless Encampments and How Communities are Responding”

https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf

“Welcome The Rise of Tent Cities in the United States”

https://homelesslaw.org/wp-content/uploads/2018/10/WelcomeHome_TentCities.pdf

The following is gleaned from the studies prepared the National Law Center on Homelessness & Poverty:

Tent cities have been reported in the majority of states, 46 of 51 jurisdictions (including the District of Columbia). Of all of these, only 8 encampments had a legalized status. Three more were moving in that direction, meaning that through municipal ordinance or formal agreement, the tent city had been sanctioned by the community and was either allowed to self-govern or was created by service providers working with the city. Ten tent cities had at least a semi-sanctioned status, meaning that although not formally recognized, public officials were aware of the encampments and were not taking active steps to have them evicted.

https://homelesslaw.org/wp-content/uploads/2018/10/WelcomeHome_TentCities.pdf

“In the past decade, documented homeless encampments have dramatically increased across the country. Research showed a 1,342 percent increase in the number of unique homeless encampments reported in the media, from 19 reported encampments in 2007 to a high of 274 reported encampments in 2016 [the last full year for data], and with 255 already reported by mid 2017, the trend appears to be continuing upward. Two thirds of this growth comes after the Great Recession of 2007-2012 was declared over, suggesting that many are still feeling the long-term effects.

Unique homeless encampments were reported in every state and the District of Columbia. California had the highest number of reported encampments by far, but states as diverse as Iowa, Indiana, Louisiana, Michigan, Oregon, and Virginia each tallied significant numbers of reported encampments.

Half the reports that recorded the size of the encampments showed a size of 11-50 residents, and 17% of encampments had more than 100 residents.

Close to two-thirds of reports which recorded the time in existence of the encampments showed they had been there for more than one year, and more than one-quarter had been there for more than five years.
Three-quarters of reports which recorded the legal status of the encampments showed they were illegal; 4% were reported to be legal, 20% were reported to be semi-legal (tacitly sanctioned)

This increase in encampments reflects the growth in homelessness overall, and provides evidence of the inadequacy (and sometimes inaccessibility) of the U.S. shelter system. The growth of homelessness is largely explained by rising housing costs and stagnant wages.

Municipalities often face pressure to “do something” about the problem of visible homelessness. For many cities, the response has been an increase in laws prohibiting encampments and an increase in enforcement.

[A survey of ] the laws and policies in place in 187 cities across the country … found:
33% of cities prohibit camping city-wide, and 50 percent prohibit camping in particular public places, increases of 69% and 48% from 2006-16, respectively.

50% have either a formal or informal procedure for clearing or allowing encampments. Many more use trespass or disorderly conduct statutes in order to evict residents of encampments.
Only five cities (2.7% ) have some requirement that alternative housing or shelter be offered when a sweep of an encampment is conducted.

Only 20 (11%) had ordinances or formal policies requiring notice prior to clearing encampments. Of those, five can require as little as 24 hours’ notice before encampments are evicted, though five require at least a week, and three provide for two weeks or more. An additional 26 cities provided some notice informally, including two providing more than a month.

Only 20 cities (11 percent) require storage be provided for possessions of persons residing in encampments if the encampment is evicted. The length of storage required is typically between 30 and 90 days, but ranged from 14 to 120 days.

Regional analysis found western cities have more formal policies than any other region of the country, and are more likely to provide notice and storage.

Using the criminal justice system and other municipal resources to move people who have nowhere else to go is costly and counter-productive, for both communities and individuals. …

Research shows that housing is the most effective approach to end homelessness with a larger return on investment.

Other cities spend thousands of dollars on fences, bars, rocks, spikes, and other “hostile” or “aggressive” architecture, deliberately making certain areas of their community inaccessible to homeless persons without shelter.

Many communities state they need criminalization ordinances to provide law enforcement with a “tool” to push people to accept services, such as shelter. Conducting outreach backed with resources for real alternatives, however, is the approach that has shown the best, evidence-based results.

The 100,000 Homes Campaign found permanent housing for more than 100,000 of the most “service-resistant” chronically homeless individuals across America by listening to their needs and providing appropriate alternatives that actually meet their needs.

Most cities in the United States have insufficient shelter beds for the number of people experiencing homelessness; in some cities, the shortage is stark.

So when law enforcement tells residents of encampments to go to a shelter, they risk finding the shelter full. Even where shelter beds are open, they are not always appropriate, or even adequate, for all people.

Many shelters are available only to men or only to women; some require children, others do not allow children. Some do not ensure more than one night’s stay, requiring daily long waits in line- sometimes far from other alternatives.

The survey of 187 cities found only 10 of these cities have explicitly permitted some form of legalized camping. Encampments are not an appropriate long term solution to homelessness or the nation’s affordable housing crisis.

In order to be successful, legalized encampments require a tremendous amount of planning, consultation, and collaboration with all stakeholders, most especially the homeless residents of the encampment. In many cases, this time and effort may be better spent developing other interim or permanent housing solutions.”

https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf

COMMENTARY AND ANALYSIS

If the City Council and the Mayor persist in going down the road of allowing 18 “safe outdoor spaces”, 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. Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

Too many elected and government officials who want to establish government sanction encampments have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

CONCLUSION

The public needs to make their opinions known and tell Mayor Keller and the City council to reject Safe Outdoor Spaces at the June 22 city council meeting. The email address to contact Mayor Keller and Interim Chief Administrative Officer Lawrence Rael and each City Councilor and the Director of Counsel services are as follows:

Another Murder At Coronado Park; Park Is Symbol Of Tim Keller’s Failure To Deal With Homeless Crisis; City Council Should Declare Coronado Park A Public Nuisance, Enact Resolution Calling For Permanent Closure And Fencing Off With A Rededication Of Purpose

Posted on June 15, 2022 by

On June 14, it was reported that the Albuquerque Police Department was called out to Coronado Park investigate a shooting that left a man dead. The Albuquerque Fire Rescue (AFR) was contacted around 2:40 a.m. Tuesday morning about a man who was “down and out” at Coronado Park. Police say AFR went to check on the man and discovered he had suffered from a gunshot wound.

Lt. Ray Del Greco of the Albuquerque Police Department said officers responded to a shooting at Coronado Park at Third and Interstate 40 around 2:30 a.m. He said a man who lived in the park, which has become a campsite for the homeless, had walked up to a nearby fire station to report a man had been shot.

City Officials says the man was declared dead on scene. APD said a full violent crimes callout has been initiated and APD homicide detectives went to the park investigate the incident.

Links to news sources:

https://www.krqe.com/news/crime/apd-man-dead-after-coronado-park-shooting/?utm_source=facebook.com&utm_medium=referral&utm_campaign=socialflow&fbclid=IwAR1oETVJuIwdpb0pfMVxFbAH2gWY26NRPdXbcOrhCtByZEMwXbVSUerBhAE

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

MAYOR TIM KELLER’S REACTION

Link to quoted news source:

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

CORONADO PARK

The link to the news source is here:

https://www.kob.com/albuquerque-news/police-records-depict-pattern-of-problems-violence-at-coronado-park/5891961/

https://www.krqe.com/news/politics-government/the-process-behind-removing-homeless-camps-from-public-places/

HIGH COST OF CLEAN UP

The debate on how to address Albuquerque’s homelessness crisis was raised during the recently concluded 2023 city budget process. Questions were asked by city councilors about the cost of the city’s efforts to help the homeless. Questions were also asked about clean up costs.

When it comes to Coronado park, the city every other Wednesday dispatches a crew to temporarily clear it of people and clean out the debris. The team involves several departments, including Police, Family and Community Services, Solid Waste, and Parks and Recreation.

During one council budget hearing, Democrat City Councilor Klarissa Peña asked the Keller administration officials how much it spends on the biweekly cleanup at Coronado Park. The answer came as shock.

City budget officials said it is costing the city $27,154 ever two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

Acting Chief Administrative Officer Lawrence Rael cautioned that the amount includes staff time built into the city budget for homeless outreach that occurs throughout the city. Rael had this to say:

“There is no question that monitoring a park of that size with that many folks does cost some dollars to make sure we keep it clean. … I want [to point out] a portion of that $27,000 is already day-to-day operating costs we assume anyway.”

https://www.abqjournal.com/2501616/lewis-moves-to-correct-planned-parenthood-vote.html

STATE LAW AND CITY ORDINANCE DEFINING A PUBLIC NUISANCE

Both New Mexico state law and city ordinance define a public nuisance.

Under state law, a public nuisance is define as follows:

30-8-1 Public Nuisance (Defined)

A. public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either:

A. injurious to public health, safety and welfare; or

B. Interferes with the exercise and enjoyment of public rights, including the right
to use public property.

Whoever commits a public nuisance for which the act or penalty is not otherwise prescribed by law is guilty of a petty misdemeanor.

Under City ordinance, a public nuisance is defined in terms of use of property as follows:

11-1-1-10 PUBLIC NUISANCES PROHIBITED

“(A) It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in real property …or other personal property to intentionally, knowingly, recklessly, or negligently commit, conduct , promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession.

(B) … .”

COMMENTARY AND ANALYSIS

It was an astonishing admission of failure when Mayor Tim Keller said this about Coronado Park:

Grouping the homeless, as Keller says, in a city park should not be an alternative 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.

No, Mayor Keller, the current situation does not beat the alternative. It was disingenuous for Keller to say “[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 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 enforcing the law.

Keller knows damn well that being homeless is not a crime. His attempt to blame the federal courts was pathetic if not downright misleading. Being homeless is not a crime, but that does not mean the homeless are allowed to violate the law. The are no state or federal laws nor court rulings that say if you are homeless, you are given immunity to break the law and you cannot be arrested for violating the law.

It is a dereliction of his duty for Mayor Keller to allow APD to ignore the city’s anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws, and for him to pretend those laws do not exist to accommodate the homeless.

CORANDO PARK KELLER’S SYMBOL OF FAILURE

With the June 14 homicide, there have now been 4 homicides at Coronado Park since 2020. How many more killings, rapes, aggravated assaults and how many more crimes have to be committed at Corondao Park before the Mayor Keller and the City realize the mistake made to allow the park to become overrun with the homeless and allow them to camp illegally?

Mayor Tim Keller could use the inherent authority of his office and issue executive orders to clean up and remove unlawful encampments and permanently close Coronado Park. After a full term in office, Keller is reluctant to do just that out of fear of being accused of being insensitive to the plight of the homeless. What Keller has now shown is that he has been a failure dealing with the homeless crisis and he is being insensitive to the needs of the general public and to public safety.

CORONDO PARK IS A PUBLIC NUISANCE

It is clear from the plain meaning of the state statute and the city ordinance defining a public nuisance that Coronado Park operated as a unlawful encampment is “injurious to public health, safety and welfare … and interferes with the exercise and enjoyment of public rights, including the right to use public property. The city is violating its own public nuisance law when it comes to Corondo Park by “intentionally, knowingly, recklessly, or negligently commit, conduct, promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession. ”

Now that Mayor Keller has ignored and condoned a festering problem that is known as Coronado Park for 4 years affecting a public facility, the City Council needs to fill the leadership gap. The city council needs to enact forthwith a resolution calling for the immediate and permanent closure of Coronado Park, order its cleanup and “decommission” the open space as a public park and order the fencing off of the park. The city council resolution needs to order the Parks and Recreation Department to conduct a study as to how the open space can be better utilized within the city’s park system.

NEWS AND COMMENTARY

Category Archives: Opinions

City Councilor Brook Bassan Throws Mayor Tim Keller Under The Bus Reversing Support Of “Safe Outdoor Spaces”; Counsel Can Vote To Withdraw Enactment; “Women Taking Back Our Neighborhoods” Announce Protest

Albuquerque Journal Editorial “18 MORE CORONADO PARKS? Sanctioned encampments are supposed to clean up city, not sacrifice areas”; Sanctioned Encampments Will Jeopardize Federal Funding; “Women Taking Back Our Neighborhoods” Announces Protest

Take Aways From 3rd Day of January 6 Capitol Riot Congressional Hearinings; Der Führer Trump Lashes Out And Claims January 6 Riot “A Simple Protest That Got Out Of Hand”; Trump: The Once Future Fascist Who Wants To Be President Again

City Councilor Brook Bassan At Worst Lies, At Best Misleads, Constituents By Making Guarantees She Can’t Keep On Location Of “Safe Outdoor Spaces” And North Domingo Park

Mayor Tim Keller Supports City Sanctioned “Safe Outdoor Space” Homeless Encampments Contrary To His Own Policy Of Shelter And Housing; Contact City Counselors To Reverse Adoption Of Safe Outdoor Spaces Amendment

Another Murder At Coronado Park; Park Is Symbol Of Tim Keller’s Failure To Deal With Homeless Crisis; City Council Should Declare Coronado Park A Public Nuisance, Enact Resolution Calling For Permanent Closure And Fencing Off With A Rededication Of Purpose