Conflict With Homeless Put in D.A.’s Lap : Law: Santa Monica police chief turns to Reiner to combat camping in public places. His action results from city attorney’s refusal to prosecute violators of law.

Stymied by the refusal of Santa Monica’s city attorney to prosecute violators of a municipal law against camping in public places, the city’s police chief is turning to a similar state law that could be used by prosecutors for the Los Angeles County district attorney’s office.

Frustrated by City Atty. Robert M. Myers’ blanket refusal to enforce the city’s no-camping ordinance, officers in Police Chief James T. Butts’ department have begun invoking a state law that prohibits unauthorized lodging in public and private places.

Since June 4, Santa Monica police have written nine citations for alleged violations of the local ordinance and 19 for violating the state law, which bans lodging in “any building, structure, vehicle or place, whether public or private, without permission of the owner.”

Butts said Tuesday that he met earlier this month with Dist. Atty. Ira Reiner’s chief deputy, Greg Thompson, “to discuss alternatives” of enforcement in light of Myers’ refusal to take action against transients who camp in city parks and other facilities.

Reiner, up for reelection this November, appeared eager to help the first-year chief.

“I’ve instructed our Santa Monica office to gear up to take those cases,” said Reiner, who went on to accuse Myers of having “abdicated his responsibility” of enforcing the local law.

Myers, on vacation until Monday, was unavailable for comment. Assistant City Atty. Joseph Lawrence said members of Myers’ staff are contacting other jurisdictions to see how the state law applies elsewhere. Once Myers returns, Lawrence said, Santa Monica will develop its own standards for applying the law.

Myers has taken a tolerant attitude toward the city’s large homeless population. Despite police and resident concerns that homeless people living in city parks often provide a cover for drug dealing and other criminal activity, Myers--citing moral, practical and constitutional reasons--has balked at prosecuting violators of the city’s 3 1/2-month-old ordinance.

Advocates of the ordinance have portrayed it as a vital plank in a comprehensive recommendation by a recent city-appointed task force on the homeless. The task force spent the better part of a year crafting its approach to the crisis.

Butts said his relationship with Myers is generally cordial and cooperative and that he admires Myers’ ability and ethical convictions. However, Butts left no doubt that he believes the city attorney is making it virtually impossible for him to enforce the law.

Police have not made arrests on the citations, Butts said, because it would be unfair to detain people who would not be prosecuted.

But intervention by Reiner’s office could change that. Reiner said district attorneys are not permitted to prosecute municipal ordinances. State laws are another matter--a point that came as welcome news to those rankled by Myers’ opposition to the local camping law.

‘Oh, I like this,” said Councilman Herb Katz, a persistent critic of the city attorney. “This is going right around Myers--as he should.”

Meanwhile, Mayor Ken Genser, who has often supported Myers, dismissed Reiner’s comments as politically motivated.