A New Tool to Reclaim Old Liberties
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lie defender), but rather an infraction (where you get neither).
What can homeless people do if prosecuted for an infraction? Use the Flory-Edwards-Jacob defense, named after three legendary Santa Cruz homeless activists who went to jail dozens of time to support the civil rights of the poor. This defense relies on the fact that infractions, because they are so minor, do not allow jail as a penalty. Hence, if you go to trial and are found "guilty" of sleeping, you refuse to do community service or pay a fine.
Instead you point out that the court does have the power to enforce a judgment of a fine by execution as in the case of a civil judgment (e.g., confiscate and sell your blanket or backpack for the amount owed). It could also, in the case of a violation of the Vehicle Code, try and jail you for the separate misdemeanor of Failure to Pay. But, alas for the authori-

ties, sleeping ban infractions are not vehicle code violations, so there is no Failure to Pay law that pertains to them!
Defendants can cite Attorney General's Opinion 63 Att Gen Op. 418 (1980) which holds, "the power of the court to enforce payment of fines is regulated by those sections which do nol authorize imprisonment for nonpayment." Hence, judges — if they follow the law — cannot hold you in contempl or simply order you on pain of jail to pa> sleeping ban fines.
Santa Cruz courts have divided evenl> on whether defendants can apply this Flory-Edwards-Jacob defense. Mosi recently, van-dweller Dennis Rehrr refused to pay a fine for sleeping in hi: vehicle, declaring he would rather go tc jail. After Attorney Kate Wells presentee the F-E-J defense on Rehm's behalf, ths judge suppressed the warrant, thougl warning that another would soon issue Four weeks later, none had. Rehm hac quietly won his case.