UPDATE: SFPD Flip Flops on Condom as Evidence Policy-AGAIN

Condoms as Evidence?

In October of 2012 we posted how the SFPD, responding to pressure from AIDS activist groups like ACT UP/SF, Human Rights Commission and a coalition of AIDS Service Organizations (ASO), were starting a trial run abandoning the practice of using condoms found on someone’s person as evidence of purported prostitution.

The ninety day, pilot program, set up between The City, the DA and police was hailed by all concerned as a great step in the right direction. Essentially any person found with three or more condoms in their bag or pocket under the old SFPD rules could be held for up to 72 hours under the ‘suspicion’ of being a sex worker.

Studies through out the US has shown this search and detain mentality  encourages people to give up safe sex practices in order to avoid hassles by the police putting more people at risk of HIV and other sexually transmitted diseases.

This debate is also winding it’s way through New York State legislature where New York State Bill A1008/S323 is awaiting approval from the rules committee before it’s presented to the legislature for debate and ultimately voted on. New York City Council passed a referendum over the summer supporting the Bill and the State wide change it would allow.

SFPD Police Chief Greg Suhr (Photo: Justin Sullivan/Getty Images)

SFPD Police Chief Greg Suhr (Photo: Justin Sullivan/Getty Images)

As was first reported by the B.A.R. on Jan. 8 the San Francisco Police Department chief, Greg Suhr, the highest paid policeman in the country according to a HuffPo report, said SFPD will no longer take photographs of condoms or mention them in police reports in prostitution cases, ending the City’s practice of using condoms as evidence in such cases. A bulletin will be released by the end of this week to all Captains and department members.

The initial ninety day pilot program was declared a resounding success. Hurrahs were heard through out the City in organizations who serve the impacted communities and it seemed that for once City officials, AIDS activists and the SFPD could work in conjunction with each other to make real changes in policy that serve the interests of all involved.

Friday, Jan. 11, the celebration came to an abrupt halt when the SFPD reversed it’s decision and announced they would continue the ‘pilot program’ for and additional ninety days. Officials are not offering a clear explanation.

Condoms as Evidence mock up provided by St. James Infirmary

Condoms as Evidence mock up provided by St. James Infirmary

Rather than saying once and for all that condoms won’t be collected, photographed, or mentioned in police reports in such cases, as the agency had planned to do, Chief Greg Suhr has issued a department-wide bulletin that says the ban could be just temporary.

SFPD spokes people have laid the hold up on the shoulders of the DA and Public Defenders office saying they’d requested a stay in policy change to review how it would effect ongoing cases.

As the next ninety days tic by the holding pattern continues here in the City while the powers that be wrestle with the idea of changing policy and tenor around this issue.

More changes could be coming in California around this issue. Gay Assemblyman Tom Ammiano (D-San Francisco) recently indicated he’s interested in addressing the issue statewide and seeing the practice permanently removed in every city and town in California.

Activist Protest Removal of Public Benches from Harvey Milk Plaza

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About fifty activist gathered at Harvey Milk Plaza this afternoon to voice their anger and objections of the unilateral decision removing public bench seating from Milk Plaza by Community Benefit District (CBD) with the hearty support of the Merchants of Upper Market Castro (MUMC) and Supervisor Scott Weiner.

The November 2nd removal was a response to what some in the community deemed, ‘an undesirable, vagrant, homeless element’, who often used the open to the public benches. The decision to pull the seating was never brought to the greater community for input. No open to all, town hall, styled meetings were held to look for alternative solutions or broached to our knowledge. Neither were local groups who work with many of the affected communities, many of which endorsed todays action, consulted.

Proportionally a large number of the homeless are LGBTQ youth who often sought refuge within the confines of the Castro after getting less than hospitable welcomes in other parts of the City. The benches are public space, open to all, and their removal without the consultation of that public had led to the call for today’s protest to take back the space and return it to ‘all the public no matter who they were, how much money they had, with a home or without’ as one protestor commented.

In a direct action of civil disobedience protestors produced a hand made bench and installed it where the others had been. They also challenged the much hated and failed, ‘No Sit/No Lie’ San Francisco ordinance by sitting on the ground and in chairs they’d brought with them. Symbolically they drew a ‘speaker’s box’ on the bricked plaza and asked people to testify as to why they were opposed to the benches removal. Slain Sup. Harvey Milk, for whom the plaza is dedicated to, often would bring a box to the same location, clamber atop it and make speeches about Queer rights, building bridges with other communities and standing up for the downtrodden to the passing crowds when he was known as ‘The Mayor of Castro Street’.

Today’s demonstration had a diverse, multi-generational participants from members of organized labor, local organizations, affinity groups, non-profits, as well members of the local homeless community. A wide variety of these and other groups/organizations endorsed the action including: LYRICHousing Rights Committee of San FranciscoIdriss Stelley Foundation, Interesting Times Gang, LAGAI-Queer InsurrectionSaint James InfirmarySenior & Disability Action, ACT UP/SF, and Queers Undermining Israeli Terror (QUIT), Occupy Bernal and Occupy the Auctions. Several radio stations, journalists and ABC 7 were on hand to document the peaceful event.

More actions are in the works according to organizers. Stay tuned for developments.

Midweek Round Up: Updates On Recent Castro Biscuit Posts

There has been  a real flurry of events in the Castro over the last month and we’ve done our best to keep up with it all. Here is a quick re-cap of some of those posts and what has transpired since.

 MUMC and the Transgender Flag Flap: As we reported the request to fly the Transgender Pride flag on Nov. 20 in place of the LGBT Pirde Flag in the Castro at Harvey Milk Plaza has been approved by the Merchants of Upper Market Castro (MUMC) after threats of boycotts, online petition, resubmission of application and announcement of protest. That protest set for Nov. 19 against has now been turned into a solidarity march-The Million Trans March for Inclusion & Tolerance- organized by local Transactivist/Performers, La Moni Stat and Michael Soldier. We encourage all our readers to attend and keep an eye peeled for your stalwart Castro Biscuit staff.

World Homeless Day Protest: On Oct. 11 following a march to the Castro Homeless Rights Activists, many of whom identify as LGBT, occupied an empty house that could be used as shelter highlighting this continuing, unresolved and growing issue within City twenty activist were arrested and charged with a variety of offenses including conspiracy. Court dates have been set for those arrested and we will post more on how you can help them as trial dates approach. We encourage readers to get involved in this ongoing social disgrace. According to City statistics LGBTQ kids make up between 40% to 55% of the young people within the City’s homeless population. We should and can do more to help our communities in need and at risk youth.

Condoms As Evidence Law Struck Down & No On Prop. 35 March by AIDS Activist, Feminist & Sex Workers:  Fifty to seventy five activist marched in the Castro to celebrate the City’s decision to stop the practice of detaining and arresting people for carrying three condoms or more on your person as evidence of prostitution. Activists also used the opportunity to encourage everyone to vote no on Prop. 35, billed as stopping the sex slave trade, but  actually stipulates that anyone convicted of being a sex worker must then register as a sex offender for the rest of their lives. The march was well received and many local people came out to cheer on the activists who were comprised of the reformed chapter of ACT UP/SF, members of St. James Infirmary and the No On Prop. 35 coalition.

GLBT Museum, Magnet SF, Harvey’s & Outfit Hit By Vandals: At post time, according to SFPD, no one has been apprehended who broke out multiple large plate glass windows of both institutions and businesses post celebration of the Giant’s winning the 2012 World Series. We’re happy however to report that the GLBT Museum will be open today ready to receive visitors as is Magnet. The damage to both these much needed and heralded institutions is extensive and estimates to replace the broken windows will reach the thousands. Donations to the GLBT Museum and Magnet are still desperately needed. Your patronage of  Harvey’s and Outfit clothing store will also be much appreciated and help them to recover quickly from this senseless violence.

UPDATE to the UPDATE on GLBT/Magnet SF Vandalism: As of Wednesday, Oct. 31st, according to the SFPD and the Bar Area Reporter, a suspect has been identified in the vandalism and is currently under investigation. Arrest should be imminent! Good job SFPD!

Nudity in the Castro: Our recent editorial here at the Biscuit opposing  Sup. Weiner’s new proposed ban on public nudity has brought a lot of traffic to the site and we welcome all the new readers and viewpoints both for and against this issue. Yesterday the protest was taken to the steps of City Hall where the debate will soon reach the ears of the full SF Board of Supes. We look forward to the next development and continuing to cover this story as it evolves.

AIDS Activists, Feminists & Sex Workers Set to March in the Castro Today 6-8PM

As we here at the Castro Biscuit recently posted- the San Francisco Police Dept. has decided to quit using condoms as evidence of prostitution on a trial basis. To celebrate a march billed as the Feminist Sex Worker Victory March and Protest will take place today starting at 6 PM.  This is a landmark action that was accomplished through community effort and activism. The reality is that with this decision the SFPD is acknowledging the human right of ALL to carry condoms and protect their own, and each others, reproductive and sexual health. The current directive is to cease this practice for a term of three to six months – with the Office of Citizens Complaints, District Attorneys and Public Defenders office all in agreement – organizers of today’s Victory March demand cessation of this practice permanently with a process for accountability. Join participants as they take to the streets of the Castro, a coalition of feminists, sex workers, and allies raising thier voices to inform the community about this issue and raise awareness so this common devastating practice can be wiped out from everywhere from Alameda County to New York as it has been in the Castro and San Francisco.  Marchers will be gathering at the Jane Warner Memorial Plaza across from the venerable Twin Peaks Tavern. The march and action are endorsed by ACT-UP/San Francisco, Bay Area Occupride (Community Not Commodity), St James Infirmary and the sex worker advocacy group BAYSWAN.