DA declines to prosecute for vandalism chalking

Arrested, Jailed, and now denied a Trial by Jury

DA declines to prosecute in "misdemeanor vandalism" case for Chalk-writing in the Gutter

September 10, 2002

Santa Cruz, Ca. -- This morning, Becky Johnson attended her arraignment for the misdemeanor charge of vandalism for which she was arrested on August 19th. Despite being handcuffed, transported by police car to the county jail, booked, thrown in the drunk tank for 6 hours, and having her bail raised from zero to $1000 on the orders of Judge Barton, the DA declined to prosecute the case. The charges were reduced to an infraction, MC 9.20.010 "defacing the sidewalk" despite the fact that none of the police reports or the evidence shows that Ms. Johnson at any point chalked on the sidewalk. Despite her arrest, this means she is now denied her right to a trial by jury. A September 18th hearing has been scheduled.

On Friday, September 13th, Becky Johnson and Tim Rinker go to trial to face charges of "defacing the sidewalk" stemming from a June 28th incident, in which Rinker chalked a hopscotch pattern on the public sidewalk, and Johnson chalked a peace symbol and wrote "Sleep is NOT a Crime!" as part of her opposition to Santa Cruz' Sleeping Ban. This law makes it illegal for homeless people to sleep between the hours of 11PM and 8:30AM or be fined between $54 and $162. Johnson claims the law is a human rights abuse in a city with 1500 homeless people and shelter for 48.

The Santa Cruz Police Department is also requesting a stay away order for Becky Johnson from Pacific Ave.

"Vandals don't use chalk," remarked Tim Rinker. "The merchants wish that vandals would use chalk."

Attorney for Johnson and Rinker, Ed Frey wrote in his brief "The City of Santa Cruz encourages people to write on city sidewalks on Pacific Ave. and surrounding streets with chalk, or to draw with chalk, on various festive occasions, such as First NIght Santa Cruz." The City maintains that since "the City has to pay for the removal of the chalk" that chalkwriting, kids drawings, and hopscotch are illegal on the Cities sidewalks. Activists argue that there is no need to remove the chalk, and it comes off readily during the course of the normal cleaning cycle of the sidewalks. "I consider this to be a first amendment protected activity," said Johnson. "If someone else wants to dump a bucket of water on my chalk writing, that is their first amendment right too."

Frey pointed out that chalk-writing presents no health or safety hazard. "However gum, spilled food, spit, dirt, and litter do. Chalk writing, however is merely a matter of aesthetics and there are first amendment issues here." MC 9.20.010 has been on the books unchanged since 1964, yet only recently have citations been issued and only against homeless people or activists.

"These are content-based citations and arrests. They are selectively enforced. When I was handcuffed and hauled off to jail, several people chalked on the sidewalk afterwards right in front of police officers. Yet, the police took no action."

Becky Johnson and Tim Rinker face trial on September 13th, 2002 at 1:30PM in Dept 1 of the Santa Cruz County Courthouse at 701 Ocean St. Santa Cruz, Ca. Attorney Ed Frey can be reached at (831) 479-8911

For more information contact HUFF,
Homeless United for Friendship & Freedom
(831) 423-4833