Letter & Demand To The City Of Ontario, California In regard To It's Treament of The Growing Homeless Population

"We understand that one city alone cannot accommodate everyone in need. However, we urge the city of Ontario to treat people with the dignity and respect they deserve. We hereby request that the homeless people's vehicles, children and pets, if taken, be returned to them at no cost and that the city give them time to find other accommodations."

To: The Ontario, CA Mayor, City Council, Police Chief, State and Federal Representatives
CC: The Catholic Archdiocese of San Bernardino
[contact information for all of these people is below].

The L.A. Times ran an article March 18 titled 'Ontario residents only' at Tent City. The article reports "Even before the large-scale action Monday, police last week moved out parolees and towed about 20 dilapidated motor homes". The article, as well as other local media coverage, has been reporting on some of the other pratcices put in place at the 'tent city'. The article goes on to report, "Pattie Barnes, 47, who had her motor home towed away last week, shook with anger. "They are tagging us because we are homeless," she said, staring at her orange wristband. "It feels like a concentration camp."

Aside from the degrading and Orwellian practice of branding people with mandatory 'marks' or wristbands as if they were Nazi prisoners, the city leaderhsip, using the police department as it's enforcement arm, have mistreated and abused people who are already disadvantaged and struggling to improve themselves. I am speaking of those who have encountered a series of misfortunes and found themselves on the fringe of society. Mistakenly hoping that government would help them get back on their feet, they learned the cold truth from the city of Ontario. The city has abused their trust and used local government mechanisms to oppress them even further; stealing their automobiles, the only possessions many of them have. They will now be required, without even having a place to sleep and no transportation, to aquire liability insurance and retrieve their vehicles from the impound yard within 30 days or have it sold at auction, with the City of Ontario reaping the profit from the homeless.

State and federal courts have already ruled against automatic seizures in driver's license and DUI cases in the interest of justice and due process. [1a] [2]. State Senator Gil Cedillo remarked on the rulings, stating "if a car is legally parked and does not impede traffic or create a public safety hazard, it may be unreasonable seizure of property." While the officer retains discretion, they should keep the community caretaker doctrine in mind.[3]

What is the City of Ontario going to do with all the funds they and their wicked cadre garner from this theft? Perhaps they will build more 'helpful camps' for the masses of growing unemployed and displaced people so that they can steal more cars, have CPS take their kids, and have animal control take their pets, as also outlined in the news reports?

I would also like to know what specific Califoria vehicle Code violation was used as the pretext to take these 20 motor homes. [4] What is the specific code, and was there any notice legally required to be posted on the vehicles before they were seized? Or was it a local Ontario ordinance which they used as a pretext to take the vehicles? Is the 'camp' located public or private property? (as varying towing laws apply to each.) Was the registration of these twenty vehicles suspended prior to their tow? Were they towed for being uninsured? What was the purported probable cause to stop or seize the vehicles? [5] [6]
[See [7] below, Community Caretaker Doctrine and Parked Cars].
Should these homeless people file a Section 1983 action [8] as the Miranda family did successful in their case, Miranda v. City of Corneliu? [9] [In that case, The Ninth Circuit held that it was unconstitutional for a police officer to seize a vehicle under the community caretaker doctrine]

You should be asahmed of yourselves. You, the mayor, police chief, Ontario code enforcement department, City Attorney, and CA Insurance commissioner should put an immediate stop to the oppression and state-sponsored theft from society's most vulnerable. I plead with you to show mercy to the poor and immediately return their property.

In conclusion, I will share the Christian wisdom of Catholic Pope Saint Leo the Great, who warned:

"He who gets deceitful gain from lending his money on usury is shown to be both an alien from God's tabernacle and an exile from His holy hill, and in seeking to enrich himself by other's losses, he deserves to be punished with eternal neediness. Let Us Avoid Avarice, and Share God's Benefits with Others And so, dearly beloved, do ye who with the whole heart have put your trust in the Lord's promises, flee from this unclean leprosy of avarice, and use God's gift piously and wisely. [10]

And I will close with the Sacred words of our Lord Jesus Christ:

"Amen, I say to you, whatever you did for one of these least brothers of mine, you did for me.' Then he will say to those on his left, 'Depart from me, you accursed, into the eternal fire prepared for the devil and his angels. For I was hungry and you gave me no food, I was thirsty and you gave me no drink, a stranger and you gave me no welcome, naked and you gave me no clothing, ill and in prison, and you did not care for me.'
Matthew 25:40-43 [11]

Sincerely,

Martin Hill

Ontario Chief of Police Jim Doyle: (909)395-2001
ONTARIO CITY HALL: (909)395-2000
Ontario Code Enforcement office/ Karen DeVrieze, Director: (909)395-2007
[additionaal contact info below]

[1]'Ontario residents only' at Tent City
Los Angeles Times, 3/18/09
click here

[1a] Cops huddle over illegal immigrants' cars
Courts at federal, state levels rule out automatic seizures.
By Aurelio Rojas - Bee Capitol Bureau
Published 12:00 am PST Monday, January 15, 2007
9th U.S. Circuit Court of Appeals in San Francisco and the California Court of Appeal did not specifically deal with illegal immigration, in many communities the majority of cars impounded belong to unlicensed drivers in the country illegally. As a result of the rulings, the California Police Chiefs Association has told its members it is illegal to impound vehicles of people whose only violation is driving without a license when the vehicle does not create a traffic hazard

[2] Appeals Courts Rules Vehicle Seizure Not Required in California DUI Cases

[3] Rules of the Road: Federal and State Court Rulings on Vehicle Impounds
The Ninth Circuit U.S. Court of Appeal opinion in Miranda v. City of Cornelius and the California Court of Appeal opinion in the case of People v. Williams, have found impounding vehicles on the sole charge of driving without a license [absent consideration of the community caretaker doctrine] unconstitutional. Specifically, The court rulings have not vacated state statutes related to vehicle impounds and peace officers retain the discretion to remove vehicles posing a public safety threat. Driving without a license is still against the law, and drivers will be cited and fined. However, the rulings do imply that statutory authorization does not, in and of itself, determine the constitutional reasonableness of the seizure.

[4] THE LOOTING OF AMERICA
How over 200 Civil Asset Forfeiture Laws Enable Police to Confiscate Your Home, Bank Accounts & Business Without Trial

[5]Forfeiture Endangers American Rights
fear.org

[6] Excerpt from the CA DMV website:
If you fail to maintain financial responsibility on your vehicle Registration of your vehicle will be subject to suspension. DMV will begin the process to suspend your registration if: — Liability insurance is cancelled and a replacement policy is not submitted within 45 days or — Your insurance company has not electronically provided evidence of insurance within 30 days of a registration card being issued on a vehicle being registered in California for the first time or — You provide false evidence of insurance. You may be cited. Failure to provide evidence of financial responsibility when requested by a peace officer may result in a citation with fines that could reach $1,000 or more. (DMV cannot clear or sign citations relating to financial responsibility. Only a court can clear or sign these citations.) Your vehicle may be impounded. Failure to provide evidence of financial responsibility may result in your vehicle being impounded, in addition to any fines. You may be personally liable for damages. If your vehicle registration is suspended, contact the Vehicle Registration Financial Responsibility Program at 1-866-664-4545. Vehicle financial responsibility services cannot be completed at your local DMV field office.

[7] Community Caretaker Doctrine and Parked Cars
click here

[8] U.S. CODE TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983. Civil action for deprivation of rights
http://www4.law.cornell.edu/uscode/42/1983.html

[9] Miranda v. City of Corneliu
click here

[10] Sermon XVII: On the Fast of the Tenth Month VI
By Pope St. Leo I (AD 390-461)
http://www.ancient-future.net/leosermonxvii.html
"He who gets deceitful gain from lending his money on usury is shown to be both an alien from God's tabernacle and an exile from His holy hill, and in seeking to enrich himself by other's losses, he deserves to be punished with eternal neediness. Let Us Avoid Avarice, and Share God's Benefits with Others And so, dearly beloved, do ye who with the whole heart have put your trust in the Lord's promises, flee from this unclean leprosy of avarice, and use God's gift piously and wisely. And since you rejoice in His bounty, take heed that you have those who may share in your joys. For many lack what you have in plenty, and some men's needs afford you opportunity for imitating the Divine goodness, so that through you the Divine benefits may be transferred to others also, and that by being wise stewards of your temporal goods, you may acquire eternal riches.

[11] Matthew 25:40-43
http://www.usccb.org/nab/bible/matthew/matthew25.htm

CONTACT INFO

ONTARIO CITY HALL
(909)395-2000
303 East "B" Street
Ontario, CA 91764 Click HERE to leave the City of Ontario Comments/ Questions/ Concerns
The only direct email they give out is to their webmaster: ontariowebadmin@ci.ontario.ca.us

State Reps

California Senate District 32: Gloria Negrete McLeod
Montclair, CA 91763
Phone: (909) 621-2783
Fax: (909) 621-7483

San Bernardino Office
357 West Second Street, Suite 1
San Bernardino, CA 92401
Phone: (909) 381-3832
Fax: (909) 381-0739 Contact her here

Capitol Address
P.O. Box 942849
Room 4164
Sacramento, CA 94249-0061
Phone: (916) 319-2061
Contact her here

Washington, D.C. Office
2245 Rayburn House Off. Bldg
Washington, D.C. 20515-0542
(202)225-6161
Fax: (202)225-8671