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HomeMy WebLinkAbout10-11-24 Public Comment - T. Defa - PUBLIC COMMENT ON PUBLIC CAMPING PERMIT SPEECHFrom:City of Bozeman, MT To:Bozeman Public Comment Subject:[EXTERNAL]*NEW SUBMISSION* Public Comment Form Date:Tuesday, October 8, 2024 5:07:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Public Comment Form Submission #:3539001 IP Address:12.74.211.122 Submission Date:10/08/2024 5:06 Survey Time:1 minute, 7 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Full Name Tyler Defa Email defa@hawaii.edu Phone (808) 634-9956 Comments I want to comment on the camping permit tonight. I am watching live stream If you would like to submit additional documents (.pdf, .doc, .docx, .xls, .xlsx, .gif, .jpg, .png, .rtf, .txt) along with your comment, you may alternately address comments@bozeman.net directly to ensure receipt of all information. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. From:Tyler Defa To:Bozeman Public Comment Subject:[EXTERNAL]PUBLIC COMMENT ON PUBLIC CAMPING PERMIT SPEECH Date:Tuesday, October 8, 2024 5:32:28 PM Attachments:Document (21).PDF CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please add ATTACHED speach to public comment if I can not do it on zoom. Respectfully, Tyler Brandon Defa Founder & CEO United States Productions1441 Kapiolani Boulevard Suite 1114 PMB 862124Honolulu Hawaii 96814-4406 United States of America(808) 634-9956 (m) unitedstatesproductions.com info@unitedstatesproductions.com Confidentiality Notice: This email and any files transmitted with it are confidential and intended solely for the use ofthe individual or entity to which they are addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on thecontents of this information is strictly prohibited. If you have received this email in error, please notify the sender and delete the email. From:Tyler Defa To:Bozeman Public Comment Subject:[EXTERNAL]Re: PUBLIC COMMENT ON PUBLIC CAMPING PERMIT SPEECH Date:Tuesday, October 8, 2024 5:54:42 PM Attachments:Document.PDF CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please update speach if I can not talk with the following attached document Respectfully, Tyler Brandon Defa Founder & CEO United States Productions1441 Kapiolani Boulevard Suite 1114 PMB 862124Honolulu Hawaii 96814-4406 United States of America(808) 634-9956 (m) unitedstatesproductions.com info@unitedstatesproductions.com Confidentiality Notice: This email and any files transmitted with it are confidential and intended solely for the use ofthe individual or entity to which they are addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on thecontents of this information is strictly prohibited. If you have received this email in error, please notify the sender and delete the email. On Tue, Oct 8, 2024, 5:32 PM Tyler Defa <defa@hawaii.edu> wrote:Please add ATTACHED speach to public comment if I can not do it on zoom. Respectfully, Tyler Brandon Defa Founder & CEO United States Productions 1441 Kapiolani Boulevard Suite 1114 PMB 862124 Honolulu Hawaii 96814-4406United States of America (808) 634-9956 (m) unitedstatesproductions.cominfo@unitedstatesproductions.com Confidentiality Notice:This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipientyou are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. If you have received this email in error,please notify the sender and delete the email. From:Tyler Defa To:Bozeman Public Comment; Ben Shupert; Barrett, Tony; brian.gootkin@mt.gov; Dennis Defa; Tana Defa; Rutzke,Buddy Subject:[EXTERNAL]Updated response attached to Bozeman public camping Date:Tuesday, October 8, 2024 6:36:53 PM Attachments:Document (23).PDF CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Updated response statement attached Respectfully, Tyler Brandon Defa Founder & CEO United States Productions1441 Kapiolani Boulevard Suite 1114 PMB 862124Honolulu Hawaii 96814-4406 United States of America(808) 634-9956 (m) unitedstatesproductions.com info@unitedstatesproductions.com Confidentiality Notice: This email and any files transmitted with it are confidential and intended solely for the use ofthe individual or entity to which they are addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on thecontents of this information is strictly prohibited. If you have received this email in error, please notify the sender and delete the email. Thank you for the opportunity to speak on this issue. I’d like to take a moment to refiect on the words of the Pledge of Allegiance, which many of us grew up reciting: “I pledge allegiance to the fiag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.” These words embody the core values that our nation was founded on—liberty, justice, and unity. But as we consider this proposed camping permit system, I can’t help but question whether we’re living up to these ideals. Are we truly upholding liberty when we tell people they need a permit to rest, to seek shelter, or to exist on public property when they have nowhere else to go? Is it just to charge a fee for something as basic as having a safe place to sleep, especially for those who can’t afford traditional housing? The pledge reminds us that we are a nation indivisible, yet policies like this permit system create divisions between the housed and unhoused, the fortunate and the struggling. Instead of fostering unity and compassion, this approach threatens to deepen those divides, punishing people for circumstances that are often beyond their control. Furthermore, the idea of requiring a permit for people to live on public land confiicts with the principle of justice for all. It raises concerns about fairness and accessibility—how can we expect those who are already in a vulnerable position to navigate a bureaucratic system just to secure the most basic of human rights: the right to shelter? It feels less like a solution and more like an additional barrier for people who are already facing incredible challenges. The Supreme Court has already made it clear, through cases like Grants Pass v. Johnson, that cities cannot criminalize homelessness when there aren’t sufficient shelter options available. This permit system skirts dangerously close to that line, by making it even harder for individuals without homes to flnd safe spaces. We must remember that our responsibility is to protect the vulnerable, not to further marginalize them. In closing, I urge you to reconsider this permit system. It doesn’t refiect the values we pledge to uphold as Americans. Instead, let’s work toward solutions that ensure liberty and justice for all, where no one is left behind simply because they cannot afford a roof over their head. Thank you. Tyler Brandon Defa Thank you for the opportunity to speak today. Let’s start by examining this proposed camping permit system under the lens of our constitutional rights, both federal and state. First, at the federal level, the First Amendment guarantees the freedom of expression and assembly, and for many, living in public spaces is an expression of survival in the face of systemic failures. Criminalizing camping without a permit may infringe upon this fundamental right by restricting where individuals can be in public spaces, silencing their very existence. Further, the Eighth Amendment prohibits cruel and unusual punishment. The Grants Pass v. Johnson case, along with the earlier Martin v. Boise decision, established that punishing individuals for sleeping in public spaces when they have no access to shelter is a violation of this amendment. By fining individuals up to $500 and subjecting them to 10 days of jail time for each day they are in violation, we risk subjecting some of the most vulnerable members of our community to unconstitutional penalties, essentially criminalizing homelessness. At the state level, the Montana Constitution echoes many of these protections. Article II, Section 3 guarantees every Montanan the right to "life, liberty, and the pursuit of happiness." This camping permit system threatens that liberty by imposing restrictions and fines on individuals who simply have no other option but to camp. The disproportionate penalties for not having a permit versus minor violations by those with a permit are a clear violation of the Equal Protection Clause in both the U.S. Constitution (14th Amendment) and Montana's Constitution (Article II, Section 4), which ensures that everyone is treated equally under the law. Finally, Article II, Section 10 of the Montana Constitution protects the right to privacy. Requiring people to obtain a permit for something as basic as sleeping in a public space amounts to an unnecessary invasion into personal privacy and autonomy. These individuals shouldn’t have to register with the government to simply exist or to have the basic human right of rest. I urge you to consider that this proposed ordinance and permit system is not only a violation of the Montana Constitution and U.S. Constitution, but it also runs counter to the values of justice and fairness that we pledge allegiance to as Americans. Let’s work toward solutions that respect the dignity and rights of all people. Thank you. Thank you for the opportunity to speak. Let me highlight a critical issue that we can’t ignore—discrimination. This proposed camping permit system does not affect everyone equally. It specifically targets the most vulnerable members of our community—those without homes or resources. These individuals are already marginalized, and by requiring a permit to camp on public land, we are imposing an unfair burden on people who are already struggling. This system would disproportionately affect low-income individuals and people experiencing homelessness. While those with resources can pay for a permit or navigate the system, those without means are left to face $500 fines and up to 10 days in jail, just for trying to survive. Meanwhile, individuals who can afford permits are subject to much smaller penalties, creating a two-tiered system where the poor are punished far more harshly than the wealthy. This is a violation of the Equal Protection Clause under the 14th Amendment of the U.S. Constitution, which ensures that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The Montana Constitution, in Article II, Section 4, also promises equal protection, stating that no one can be discriminated against based on “race, color, sex, culture, social origin, or condition.” By imposing harsher penalties on people without financial means, we are, in effect, discriminating against individuals based on their social condition—homelessness. The proposed permit system also risks deepening racial disparities. Nationally and in Montana, people of color—particularly Native Americans—are more likely to experience homelessness. Implementing a system that criminalizes homelessness is a form of indirect discrimination, disproportionately impacting communities of color and perpetuating systemic inequality. This proposal does not solve the problem; it just punishes those who are most in need of our help. Let's not enact policies that further marginalize the people we pledge to protect. Instead, we should be looking for solutions that uplift, not discriminate. Thank you.