Homeless Union Threatens Wrongful Death Suit Against Santa Cruz

SANTA CRUZ, CA — The son of a homeless woman, who died after a tree fell on her in the Pogonip Open Space Preserve, has retained the legal counsel of the California Homeless Union in order to prepare and file a wrongful death lawsuit against the City of Santa Cruz, according to a Nov. 13 statement from the organization.

The statement comes as the city tussles with Ross Homeless Camp residents and supporters who say the Oct. 27 death of 55-year-old Deseire Quintero in the Pogonip woods was a needless tragedy.

"We, the officers and members of the Santa Cruz Homeless Union and the California Homeless Union Statewide Organizing Council, hold the City of Santa Cruz, its City Council majority and the offices of the City Manager and the Chief of Police fully responsible for the tragic death of Deseire Quintero, founder of the Ross Camp Council who became an officer of the Santa Cruz Chapter of the California Homeless Union," the Nov. 13 statement read in part.

The statement also names Take Back Santa Cruz "and other individuals and entities known and unknown whose actions and omissions" led to Quintero's death.

The California Homeless Union said Marcos Quintero, Deseire's son, is the person who retained its services.

"On the day she died, Deseire was checking on the well-being of other homeless in Pogonip Park as the Diablo winds intensified during the early morning hours of October 27, 2019," the union's statement read. "She was crushed when a tree collapsed on her and other homeless campers. Thus, in a very real sense, our strong, beloved sister and leader became the first of our Union officers killed in the line of duty."

In life and death, Deseire Quintero has been a lightning rod for Santa Cruz homeless. She had called the Ross Camp at River Street her home, but after the city evicted some 200 people from the area in May she moved into the woods. Prior to her death, she had filed an unsuccessful lawsuit against the city to halt the evictions.

Over this past weekend, activist Alicia Kuhl, president of the Santa Cruz Chapter of the California Homeless Union, said the camp had reopened — without city support. She dubbed the "reclaimed" site "Ross Survival Camp."

In its Nov. 13 statement, the Santa Cruz Homeless Union said the Ross Camp has been renamed “Camp Phoenix: In Memory of Deseire Quintero."

The city and Santa Cruz Police Chief Andrew Mills have responded to the latest developments at the site, and on Thursday he issued a lengthy statement detailing his thoughts and pointed to a Nov. 26 city council meeting to address the matter.

"Many community members have asked why the police have not taken immediate enforcement action in Ross Camp," Mills' statement read in part. "The City’s anti-camping ordinance was suspended by the City Council, in the spirit of full compliance with the Ninth Circuit’s recent decision in the Martin v. Boise case, which held that the Cruel and Unusual Punishments Clause of the Eighth Amendment precludes the enforcement of statutes prohibiting sleeping outside against homeless individuals with no access to alternative shelter. I support the Council’s decision to comply with the law of the land.

"The police cannot enforce laws that do not exist. Nor can we make laws up as we go, or enforce laws that do not fit the crime. We cannot use the power of the government in this fashion," Mills continued.

On Nov. 26, the Santa Cruz City Council will take up for consideration an amendment to its camping ordinance, Mills said.

"I fully support an ordinance that will provide the City with better tools to address nuisance conditions often associated with homeless encampments, while conforming to the restrictions imposed by the Martin v. Boise decision," the chief said.

But he also sounded a warning.

"Do not be deceived. Additional ordinances will not solve homelessness. They may mask some symptoms for a while, but they will not solve the problem," Mills said. "The drivers of homelessness are lack of affordable housing, lack of effective mental health services, and drug addiction. Tickets alone cannot solve these problems. We’ve tried and failed."

The chief also looked to the county and state.

"They have the funds and the authority to address mental health, drug rehabilitation beds, the jail, and post-conviction supervision," he said.

In his statement, Mills made several proposals for consideration by the city, including making it illegal to possess hypodermic syringes on the beach or in city parks other than for "diagnosed medical necessities"; taking tents down during the day; prohibitions on storage in public space; limitations on bike repairs on public property; making businesses responsible for their shopping carts; strengthening the city's "stay away" program; more stringent parking control on West Cliff; increase some violations to misdemeanors; and reward good behavior by dismissing or offering amnesty for past citations.

For its part, the California Homeless Union has issued demands, including: a moratorium on enforcement of all laws that are "criminalizing the homeless"; open the Civic Auditorium and other public buildings vacant at night as emergency shelter; moratorium on evictions of low-income renters facing homelessness; full compliance with the legal requirements of Martin v. Boise; legitimize homes-on-wheels parking in industrial zones and offer sanitary facilities and trash pickups; allow the River Street camp to open and provide showers, drinking water and free access to those who want to live there; end the seizure of homeless peoples’ personal survival property; authorize private entities to sponsor portable toilets; provide 24-hour access to the public bathrooms; denounce "vigilante" violence and harassment against those who cannot afford housing; designate October 27 as Deseire Quintero Day in the City of Santa Cruz.

According to the California Homeless Union, "Millions of people are one paycheck, one eviction, one family medical emergency or one 'natural' disaster away from homelessness."