Episode Transcript
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Speaker 1 (00:04):
Welcome back to
another episode of the Cape Cop
cast Chiefs Chat Edition.
I'm one of your hosts, LisaGreenberg.
Speaker 2 (00:10):
And I'm Officer
Mercedes Simons.
Together we make up the PublicAffairs Office.
We have Chief on board today.
Speaker 3 (00:16):
Good morning ladies.
Speaker 1 (00:17):
Good morning, good to
see you again, you too.
Another day, another ChiefsChat.
I know there were a few thingswe wanted to get into today, and
I think we want to start withthe in enacting a prohibition on
outdoor camping.
Speaker 3 (00:51):
That's a lot to say,
but basically it's aimed at
people that are camping on thestreet, setting up tents and
living on the sidewalk or publicproperty.
We've always had the ability toprohibit or enable on private
property and we have cooperatingbusinesses downtown or
throughout the city it doesn'thave to be downtown that will
(01:13):
sign a letter authorizing us toenforce trespass on private
property.
And what this legislation did,or what this new ordinance did,
was allow the enforcement ortrespass authority for
prohibition on outdoor campingon public land, and it's been in
effect for a couple of weeksand it is working quite well.
I believe we've had two arrests, I'll say, and that was for
(01:38):
people who were given theopportunity to move along.
You can't outdoor camp provideyou with any opportunity that
you would like to get into thecontinuum of care veteran
services, homeless, outreachservices, any type of
non-governmental organization wecan get you there.
They willfully chose not to dothat, returned or remained, and
(01:59):
one was arrested in the downtownarea.
It in the downtown area, andthen we had a homeless camp in
the northeastern part of ourcity that a lot of people forget
about unless you live out there.
That, hey, what about us too?
And we were called for adisturbance.
So our officers were summonedthere because of a fight between
two people or altercation.
And while our officers werethere, they proactively noticed
(02:22):
and enforced the outdoor campingordinance there and moved
somebody along.
They were arrested for thefight or the battery, but then
the other participants were toldto move on.
So it's not always an arrest,and arrest is not the preferred
method.
Right, you can't arrest yourway out of a homeless issue, but
it does give you a little bitof teeth to enforce the laws
(02:45):
that are on the books, and thisnew one on the books appears.
Early returns are good.
Speaker 1 (02:50):
Yeah, I wanted to
definitely stress the fact that
the arrest is kind of the lastresort.
We try to work with people toget them the resources they
would need to be in a bettersituation.
That's kind of the last resort.
Speaker 3 (03:00):
Right.
We like to attack root causesand fix root causes, rather than
continually try to tamp downsymptoms.
Speaker 1 (03:08):
Right, exactly.
I know there's anotherordinance that's in the works.
Speaker 3 (03:11):
The infrastructure or
the pathway to put it in place
is in effect and we aredeveloping internal or the city
is developing internal policieson it and essentially what this
new one is is not too far offfrom the outdoor camping
prohibition but it's more of aninterior of city-owned
facilities.
So it's a definition of threedifferent criteria.
(03:34):
You have open public forum andI'll get into what these three
are limited public forum andnon-public forum.
And when you think of a citybuilding, think of City Hall.
Right, you have all three ofthose components within one
building or under one roof.
So behind the counter where theemployees work, or break rooms,
(03:56):
or on the second floor, thoseare all considered non-public
forum, meaning it's a publiclyconstructed and owned building
but there is no expectation orright to be behind the counter
or where individuals are working.
That's a non-public form.
There is a limited public formwhich is on the other side of
(04:17):
the counter.
So you walk into City Hall andyou have to pay your water bill.
You walk into the building andyou are in a limited public form
and the reason it's limited isbecause there are rules to it
and the rules are open 730 tofour.
So it's not an open publicforum before the doors unlock or
after the doors close at theend of the night.
(04:38):
There's also rules for decorum.
You can't scream and shout andget into arguments and you can't
if it's a really cold day.
You can't get your sleeping bagand walk in and I'm going to
sleep inside city hall for thenight.
So that's the limited publicforum.
But if you're abiding by therules, you're there during
normal business hours.
(04:59):
You're there to pay bills orget information on a permit.
It's wide open right.
It's a public building and thenthere's open public forum.
An open public forum would bethe parking lot, the sidewalk,
outside the front lawn, and toinclude this is an important one
a city council meeting that isadvertised open and ongoing.
(05:22):
If it starts at five o'clock,that five o'clock that limited
public forum or could be anon-public forum on the second
floor of City Hall opens up toan open public forum, you're
allowed to be there and you'reallowed to do anything that the
constitution allows you to do,provided you follow established
and provided council rules.
(05:43):
Right, you don't have the rightto yell fire in a crowded
theater, you don't have a rightto slap someone in the face, but
you have a right to go.
You can take your phone out andvideo record at an open public
forum, council meeting, openpublic forum sidewalk street.
You do not have the right to gobehind or enter or video record
(06:05):
or do anything in a non-publicforum.
So think about behind theclosed doors or in work areas in
City Hall.
In work areas in city hall, butin the limited public forum.
You have the ability to bethere to conduct business, but
you do not have the right toharass other people, other
patrons, other citizens that aretrying to get stuff done or
workers doing their job.
(06:26):
So if you're 99.99% of ourpopulation who are using city
facilities, it's not just cityhall.
I just use that as an examplecould be the when the yacht club
gets, uh, reconstructed, thenew, the new facility down there
is a limited public forum rightinside.
You can go in there whenthere's events or when you
(06:46):
reserve it.
It's a public building but it'snot open all the time and it's
not restricted 100 either.
So every city facility isdesignated open, limited or non.
And then some facilities likethe police department, the lobby
is a limited public forum,outside is open and then behind
the lobby is non.
(07:08):
So it's going to take time todevelop policies because there's
a lot of different facilitiesacross the city.
We want to make sure ourinterpretation, or the people
who live in those buildings andwork in those buildings,
interpretation, is trained.
And then obviously we're goingto make sure our staff are
trained so that if there are anybreaches in security or people
that would happen to run afoulof the law, we educate first,
(07:32):
enforce second and try to makeeverybody safe.
Speaker 1 (07:35):
What's the goal of
this new ordinance that's in the
works?
Speaker 3 (07:39):
The goal is to really
make it easy to define where
people can be and whatexpectations are when they're
there, and the goal is to keepyou safe.
If you have business at CityHall or at Parks and Rec or at
an athletic field, or you wantto go to a city council meeting,
you know what you can do andwhat others around you can do,
(08:00):
so that you can be safe and youcan enjoy the experience you can
get the most out of yourgovernment.
That's what we're here for isserving everyone, and we want to
make sure that we can provideyou with the best service, and
providing you with the bestservice is making sure that
other people don't impede yourability to receive and enjoy the
experience of the fullcomplement of governmental
(08:22):
service.
One thing I wanted to add.
It's not a new concept and thisisn't some novel law or
legislation that the city ofCape Coral has come up with.
This is something that's beenon the books.
Other municipalities in Floridahave this.
It's been enacted.
It's been on the books.
Other municipalities in Floridahave this.
It's been enacted, it's beenenforced, it's been challenged
and it's been upheld Right.
Speaker 2 (08:43):
Now to be clear this
is different from the HALO law.
The HALO law.
Speaker 3 (08:47):
That's a law
enforcement-specific law, gotcha
, so we could be anywhere doingpolice work.
We can't just be having lunchor hanging out or just on the
street corner.
But if we're actively engagedin law enforcement services,
there is a new legislationthat's out that the governor
signed a state law called theHALO law.
This is similar in that policeare involved in it, but really
(09:11):
it's a totally different animal.
This is a public-driven, publicprotection ordinance.
They're related because the lawenforcement are actors in many
different plays and these playsall got released right around
the same time, so it's thetiming of them.
With the prohibition on outdoorcamping, the limited public
forum and then the HALO law,there's a lot of legislation
(09:35):
that has come out that's verysimilar, like you said, but
totally different animals.
Speaker 1 (09:39):
There is a goal,
though, a common goal of this
will help people get their jobsdone in a.
In a sense, you know, if you'reat city hall and you're trying
to do something and there'ssomeone that's trying to disrupt
that, this will help.
So they both have that similargoal.
Speaker 3 (09:53):
Absolutely.
It clears up some ambiguitywhere if, mercedes, you were at
the counter trying to getinformation on a permit for a
birthday party at a publicfacility that you wanted to rent
the pavilion, and Lisa comes inand she's screaming and yelling
about her electric gettingturned off or water bill or some
(10:15):
utility or anything, or shecould just be fed up and not
going to take it anymore withthe government and could be
impeding your ability to getdone what you need to get done.
And in the past there was someambiguity where Lisa's spouting
off that this is my taxpayerdollars Pay for this building.
I can be here, you can't makeme leave.
I can be as loud as I want.
(10:36):
I can ruin your experience andimpede your ability to get done
what you need to get done, andthat's simply not the case.
That is not accurate.
It is a limited public forumwhere you're allowed to be in
there.
You're allowed to be upset.
We can't legislate emotions,but we can legislate behavior
and your outbursts or your, youractions of behavior cannot
(10:56):
impede upon the rights ofMercedes trying to get done what
she needs to get done.
Speaker 1 (11:01):
I'm sorry for my
outburst.
Speaker 2 (11:03):
You need to calm down
, Lisa.
Speaker 1 (11:05):
No, but that paints a
pretty clear picture of kind of
one of the goals of this and Iknow we always like to end on a
positive note and we had apretty impactful situation with
one of our officers this week.
He actually saved someone'slife who was experiencing a drug
overdose.
Speaker 3 (11:22):
We had a single
vehicle accident, a crash where
a car went into a body of waterin the northeastern part of our
city.
Our officers responded andimmediately saw what happened
without any hesitation.
We don't stop and say well, Iwonder why they went in the
water?
Did they get run off the road?
Are they having some kind ofwhat some people would say a
(11:45):
positive experience?
Story type medical event or anoverdose would be a negative
story, type minute.
They don't do that.
They see somebody in danger,somebody needs help, throw it in
park, jumped in the water.
They were unconscious in thevehicle, submerged, broke the
window at his own peril, cut hisarm, got the woman out and the
(12:08):
individual was given um nar,brought back and transported to
the hospital.
So the things that I like fromthe story is just, it was a
newer officer, not a super longveteran.
So the people that we'rebringing on board are great
people.
They're buying into the messageof partnering with the
community, and when we talkabout that partner with the
(12:30):
community, you, the community,you have an idea in your head
what that means.
Sometimes that means a fooddrive or all these different.
Sometimes partnering with thecommunity means the community is
experiencing an overdose on anopioid in their car, in a ditch.
They're looking for a partner,whether they know it or not.
Right, and partnership with thecommunity means going in there
(12:51):
and busting that window andgetting that person out and
bringing them back to life.
That's partnership with thecommunity also, and the fact
that our officer bought intothat, immediately sprung into
action, didn't stop to ask anysocioeconomic questions how did
you get here?
You need to make better lifechoices.
There was none of that.
It was let's save this person,let's get their life saved, and
(13:16):
it's just a commendable act.
I couldn't be more proud of theactions of this officer,
because that one act on the sideof the road when nobody's
around and no time to thinkabout it, embodies all 400
people that work here, bothcivilian and sworn, absolutely.
Speaker 2 (13:28):
It's just, it's
having integrity and it's the
ability to hop in when no one'swatching and to be able to save
somebody.
And at that point, especiallywhen opioids are involved, then
we can take things a stepfurther and they can
hypothetically get the help thatthey need to if they're willing
to receive it in that situation.
Obviously, if you're in thatspot, then you probably need
(13:48):
help and resources after that,and that's what we're also there
to give in those situations,right.
Speaker 3 (13:53):
And to anybody that's
asking what about any criminal
charges for driving under the?
That is being done, that isbeing investigated.
That is definitely one of thepriorities, but the ultimate
priority was saving the life andgetting this person medical
help, and then we'll work on theconsequences.
That's not going to get washedaway, but the important takeaway
(14:15):
that I had is that when thedefault setting is on for our
officers, it is to save livesand to help and make this
community great.
Speaker 1 (14:23):
Absolutely Anything
else, Chief.
Speaker 3 (14:26):
No, it's been another
week.
Speaker 1 (14:28):
Another week.
It seems like these happen sofast and I forget that it's
already the end of the week.
Speaker 2 (14:32):
It's crazy.
Time goes by really quickly,especially when we've got a lot
going on, which, in a growingcity, we've had a lot going on.
We have.
Speaker 3 (14:39):
We have, and
congratulations to anybody who
has Monday President's Day off.
Enjoy the three-day weekend.
Speaker 2 (14:44):
Oh yeah.
Speaker 1 (14:46):
Lisa, don't be upset
with me, don't be upset.