Barbara Scott, Sui Juris
c/o 2509 N. Campbell, #1776
Tucson, Arizona Republic
Postal Code 85719/tdc
tel: (520) 624-7220
fax: (520) 323-3922

In Propria Persona







               IN THE UNITED STATES DISTRICT COURT

                   FOR THE DISTRICT OF ARIZONA


People of the Arizona Republic        ) No. CIV-96-150-TUC-WDB
                                      )
Ex Relatione Barbara Scott, Sui Juris,) NOTICE AND PETITION FOR
                                      )
          Plaintiffs                  ) TEMPORARY INJUNCTION
                                      )
          v.                          ) FOR VIOLATIONS OF
                                      )
City of Tucson, Arizona,              ) FUNDAMENTAL HUMAN RIGHTS
                                      )
          Defendant                   )
______________________________________)


     COME NOW  the People of the Arizona Republic, Ex Relatione

Barbara Scott,  Sui Juris,  Citizen of  Arizona,  appearing  In

Propria Persona, to present this First Amendment Petition for a

temporary injunction against the City of Tucson, Arizona state,

for redress  of its violations of fundamental human rights, and

to provide notice to all interested parties of the same.

     The City  of Tucson  has ordered  the removal of so-called

"homeless" People from public property which is situated within

the municipal  jurisdiction of  the City of Tucson and which is

currently utilized by transient Americans who are destitute and

disabled by  reason of  their poverty.   See  City  of  Tucson,

Administrative Action  Report  and  Summary,  Agenda  Item  15,

Council Action  SS/March4-96-102, dated March 4, 1996 (attached

hereto as Exhibit "A").

     As a  political subdivision  of the  State of Arizona, the

City of Tucson is under an explicit Congressional mandate:  (1)

to   eliminate    discrimination   against   individuals   with

disabilities,    (2)  to  provide  clear,  strong,  consistent,

enforceable   standards   addressing   discrimination   against

individuals with  disabilities, (3)  to enforce  the  standards

established on  behalf of  individuals with  disabilities,  and

(4) to  address the major areas of discrimination faced day-to-

day  by   People  with   disabilities.     See  Americans  with

Disabilities Act of 1990, 42 U.S.C. 12101 et seq., Act July 26,

1990, P.L. 101-336, 104 Stat. 327.

      Moreover,  the City  of Tucson is bound to prevent and to

eliminate discrimination  against People  on account  of  their

poverty by  virtue of  two international  Treaties to which the

United States  is a party and which have become the supreme Law

of Our  Land under the Supremacy Clause in the Constitution for

the United States of America, as lawfully amended, to wit:  the

Universal Declaration  of Human Rights  and  the  International

Covenant on Civil and Political Rights.

     In enacting  the Americans  with Disabilities Act of 1990,

now codified  in Title  42 U.S.C.  12101 et seq., Congress made

the following  findings which are painfully descriptive of, and

immediately relevant  to, the  day-to-day  problems  now  being

faced by  the homeless  People who  are threatened  with forced

removal by the City of Tucson:

     1.   some 43,000,000  Americans have  one or more physical

or mental  disabilities, and  this number  is increasing as the

population as a whole is growing older;  indeed, there is not a

single American who is not getting older by the minute;

     2.   historically,  society  has  tended  to  isolate  and

segregate individuals  with  disabilities,  and,  despite  some

improvements, such  forms of discrimination against individuals

with disabilities continue to be a serious and pervasive social

problem;

     3.   discrimination against  individuals with disabilities

persists in  such critical areas as employment, housing, public

accommodations,   education,   transportation,   communication,

recreation, institutionalization,  health services, voting, and

access to public services;

     4.   unlike    individuals     who    have     experienced

discrimination on  the basis  of  race,  color,  sex,  national

origin, religion,  or age,  individuals  who  have  experienced

discrimination on  the basis  of disability  have often  had no

legal recourse to redress such discrimination;

     5.   individuals with  disabilities continually  encounter

various forms of discrimination, including outright intentional

exclusion,  the   discriminatory  effects   of   architectural,

transportation,  and  communications  barriers,  overprotective

rules and  policies, failure  to make modifications to existing

facilities and  practices, exclusionary qualification standards

and criteria,  segregation, and  relegation to lesser services,

programs, activities, benefits, jobs, or other opportunities;

     6.   census data,  national polls,  and other studies have

documented that People with disabilities, as a group, occupy an

inferior status  in our society, and are severely disadvantaged

socially, vocationally, economically, and educationally;

     7.   individuals with  disabilities  are  a  discrete  and

insular minority  who have  been faced  with  restrictions  and

limitations, subjected  to  a  history  of  purposeful  unequal

treatment,  and   relegated  to   a   position   of   political

powerlessness in our society, based on characteristics that are

beyond the  control of  such  individuals  and  resulting  from

stereotypic assumptions  not truly indicative of the individual

ability of  such individuals  to participate in, and contribute

to, society;

     8.   the Nation's  proper goals regarding individuals with

disabilities  are  to  assure  equality  of  opportunity,  full

participation,   independent   living,   and   economic   self-

sufficiency for such individuals;

     9.   the continuing  existence of  unfair and  unnecessary

discrimination and  prejudice denies  People with  disabilities

the opportunity  to compete  on an  equal basis  and to  pursue

those opportunities  for which  our free society is justifiably

famous, and  costs the  United States  billions of  dollars  in

unnecessary   expenses    resulting   from    dependency    and

nonproductivity.
                                               [emphasis added]


     Plaintiffs argue  that poverty  is a  disability;   so  is

being  homeless   ("housing  impaired").     Plaintiffs  hereby

challenge the  City of  Tucson to show cause why their order to

remove homeless  People from public property located within the

municipal jurisdiction  of the  City of Tucson does not violate

the  Americans   with  Disabilities   Act  of   1990,  numerous

provisions of the Constitution for the United States of America

as  lawfully   amended,  and  two  international  human  Rights

Treaties to  which the  United States is a party and which bind

the City  of Tucson  under authority  of the  Supremacy Clause,

which elevates  Treaties to  the status  of supreme  Law of Our

Land.

                            PRAYER

     Wherefore,  Plaintiffs   respectfully  request   that   an

immediate temporary injunction issue from this honorable Court,

restraining   the   City   of   Tucson   from   executing   its

administrative decision  to remove  homeless People from public

property situated within the municipal jurisdiction of the City

of Tucson, until such time as the City of Tucson can show cause

why its  order does not violate the Americans with Disabilities

Act of  1990, several  provisions in  the Constitution  for the

United  States   of  America,  as  lawfully  amended,  and  two

international human  Rights treaties to which the United States

is party and which are supreme Law of Our Land by virtue of the

Supremacy Clause.


Dated:  March 8, 1996


Respectfully submitted,

/s/ Barbara Scott

Barbara Scott, Sui Juris

In Propria Persona and Ex Relatione
The People of the Arizona Republic


                       PROOF OF SERVICE

     I, Paul Andrew, Mitchell, Sui Juris, hereby certify that I

am at  least 18  years of  age, a  Citizen of one of the United

States of America by birth and by blood, and not a party to the

action in  the above  entitled case.   I  served the  following

document(s):

         NOTICE AND PETITION FOR TEMPORARY INJUNCTION
          FOR VIOLATIONS OF FUNDAMENTAL HUMAN RIGHTS

by placing  one copy  of each  in first-class  U.S. Mail,  with

postage prepaid  and properly addressed to the recipient(s), as

follows:


City Attorney
City of Tucson
255 West Alameda
Tucson, Arizona 85701


Date of Service:  Friday, March 8,1996.


/s/ Paul Andrew Mitchell

Paul Andrew, Mitchell, Sui Juris
Citizen of one of the United States of America
on behalf of the People of the Arizona Republic

all rights reserved without prejudice


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People v. Tucson