Four-Year-Old Pricked by Used Needle at Local Park

(courtesy photo)

By edhat staff

Parents of a 4-year-old boy who was pricked by a hypodermic needle at a local park are demanding answers from the City of Santa Barbara.

Hayes Parrish was recently playing at Plaza De Vera Cruz in Santa Barbara when he found a used hypodermic needle and was accidentally pricked, drawing blood. His parents have retained legal counsel from A. Barry Cappello, managing partner of Cappello & Noël LLP, and are expecting the city to address the issue they believe stem from transients and drug addicts in the park.

Cappello sent a letter on October 18 to Santa Barbara Mayor Cathy Murillo, City Administrator Paul Casey and city councilmembers stating the city has turned a blind eye to the drug dangers at this park.

He states in the letter, “We are informed that emergency responders are regularly summoned to this park for drug-related incidents multiple times per month. The City Police Department is likewise aware of these conditions and the danger posed to the children that come to use the play structure installed by the city at this park. The treating doctor at the emergency room knew this to be one of the most common places for addicts in the city. The city was aware of the transient and drug problems at Plaza De Vera Cruz. In fact, anyone who drives by this park on Haley Street on any given day is likely to see half a dozen or more homeless lounging about, drinking and doing drugs in broad daylight.”

Cappello further stated that his client has had to undergo an intensive course of drug therapy equivalent to chemotherapy and will have to be repeatedly re-tested for HIV/AIDS and hepatitis, incurring thousands in medical expenses. “Even though we all hope he will be lucky and not contract any life-threatening disease,” Cappello wrote in the letter, “the full extent of his injury, such as the potential long-term effects of his drug therapy, will not be known for years.”

The family stated their goal is not litigation, but for the Santa Barbara City Council to immediately take substantial steps to prevent these types of incidents from happening again. Cappello is requesting that an item be placed on a City Council agenda within the next 30 days to discuss the lack of safe parks for children in the community.

Santa Barbara City Attorney Ariel Calonne released the following statement to KEYT:

“Mr. Cappello is welcome to speak to the City Council during public comment.  Under the state open meeting law, the Brown Act, the Council is not permitted to discuss this matter today solely on the basis of Mr. Cappello’s letter.”

“I know I speak for the entire City when I say that, as a parent, I can’t imagine anything worse than a serious injury to my child.  Until we know the facts of what happened, however, there is no reason to believe the City and taxpayers are legally or morally responsible for what appears to be the behavior of an illicit drug user. “

Edhat Staff

Written by Edhat Staff

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40 Comments

  1. I don’t know how the City can prevent things like this from happening. My daughter-in-law found used hypodermic needles in their garden several times, thrown over the garden wall by users on the street–and small kids played in that garden (not in SB). They can show up anywhere an IV drug user has been. The City can’t ensure there are no drug users in parks, on the street, in apartment complexes or neighborhoods. And users will dispose of their needles irresponsibly. It’s awful, but it doesn’t mean the City is being negligent. I wonder if the people blaming the City would vote for increased taxes to pay for more enforcement or more drug treatment centers or the infrastructure to make play areas safer for kids? All those things cost money, lots of money.

  2. How about realizing that we are in the midst of a massive opiod epidemic and SB is anything but immune. This is sad and scary, but Daddy aint gonna fix this dangerous world. more volunteer trash clean-up (which I do much of) would be a step in the right direction. Good trash tongs are available at Home Improvement $20±)

  3. So we’re just supposed to accept this as needle park? Um, no. Let’s change it, if this happened at Girsh or Manning or shoreline there would be a plan to solve the issue immediately. The same needs to happen here. There is also a preschool right next door.

  4. I’m not 2:41, but if the city knew that users regularly throw dirty needles around the park, they should have pulled the playground. Period. That’s how they could have prevented this kid from getting stuck with a dirty needle while playing. As Cappello states in his letter, the city turned a blind eye to this situation for years. The city will pay big for this.

  5. Shut down “Needle Park.” “Shut down the playground.” ” The City is responsible.” Blah blah blah. The users will only move to another locale. If you’re alive, things are bound to happen to you. Four years old is old enough to know not to pick up anything sharp, much less play with it——I know: I used to be four years old once upon a time. (If this kid was playing in the sandbox and got pricked, that’s another story.) Kids will find needles, drugs, broken glass and even used prophylactics in parks and at school grounds, too. Sue, sue, sue. This family is going to rake in the $$$.

  6. When a town full of bleeding heart liberals who like to call vagrants – alcoholic and drug abusers as “homeless” , what do you expect…? The reality is the local ‘true homeless” are taken care of – Those on the streets are the vagrants from all over the United States who are either given a bus / amtrak ticket to “homeless embracing” towns like Santa Barbara, San Francisco and Portland who don’t want to change their behavior or addictions. Santa Barbara County has plenty of Drug and Alcohol programs available to anyone who walks through their doors.

  7. Do they pick up used condoms well? How good are they with human feces and urine on the playgrounds? If I shake them in the air as I run towards the vagrants having sex near the playground, will the vagrants run off in fear?

  8. Well said coastwatch and oh so true. Is it just me or does it feel like we don’t even have a mayor? She only shows up to cut ribbons or when she can get a good picture in. Other than that it’s crickets. What is the plan for this town!!!??? We’re waiting.

  9. If it was my kid I would have chosen a different park. But I agree it’s a problem that we need to address–the question is HOW! Just throwing stones at the City isn’t going to help. Any solution requires investment either in police presence, some kind of staff, ways of separating areas for kids from the rest of park areas, gettin people off drugs, something practical!

  10. MacKenzie Park has its fair share of vagrants that are allowed to hang out on the picnic tables, now that the gazebo is off limits during dog-park construction. Please, SB City, do not allow vagrants to commandeer sections of our public parks. MacKenzie has people sleeping in the bushes on the hill right below residences. Some of them are now begging out at DLV and State. Some of them are now sitting on the sidewalk near the motel. Residents with children want their park back. The tables need to be sanitized daily if the homeless are sitting on the tables. Why do city residents have to fight for clean and safe parks for their children.

  11. Why are our dealings with vagrants in this town only a one way street – and they do nothing for the community in return. Like cleaning up after themselves just for a bare minimum start. Time to end their one-way demands. They trash our creeks, pollute our waterways and make our parks unsafe for familiers and taxpaying residents. What do they do in return – nothing but make more and more parts of our town unsavory and no-go zones. Push back time. Enough is enough.

  12. Why in the world would any thinking parent allow their four-year-old to play in a park that is heavily infested with drug-addicted low-lifes? It’s no secret the type of “clientele” Vera Cruz Park attracts, so what was the child doing there in the first place? And now a possible lawsuit against the city? Whatever happened to taking responsibility for one’s own actions?

  13. Agree that the parents had to be clueless to let their kid play in that park. But…the city has a responsibility to maintain the safety and cleanliness of the public space. In other words, if it wasn’t safe and clean they should have closed it to the public. Cappello is the best litigator in town. If he took the case it almost guarantees a huge pay day. Little Hayes will have a house and college paid for by we-the-taxpayers. If the parents are smart and kind, they’ll settle out of court for a small chunk of $$ (plus lawyer’s fees!!) and include some ongoing budget requirement for park cleanliness and safety.

  14. For those of you who are bashing Cathy Murillo, our Mayor: //////////1) She is working tirelessly for everyone in SB so we can have a better life. /////////2) Jobs, jobs, jobs is what she has created….need a high-paying job?….just pluck one off the job tree that she planted on Day 1. //////////3) Our streets have never been safer. ////////4) City workers are more satisfied since she took office, and certainly appear to be happy to serve. ////////5) Last….Cathy may have done more in her short term as mayor than Helene and Marty did….combined!!

  15. Since my comment got down voted, here’s a (very) brief synopsis of what it said: Any parent who is stupid enough to let its four-year-old play in a “park” that is the staging area for drug users to ply their trade has no business suing the City for culpability in something the parent could have easily prevented. No one takes responsibility for their own actions any more.

  16. Amazing that parents can’t take their kids to any SB park because of issues with the druggies who are now controlling our parks. I hope this lawsuit will be very public and will result in the city finally taking responsibility to keep the parks open and clean for ALL residents, not just the homeless. These are OUR parks. If we want to take the kids to the swings or put out a picnic blanket, we shouldn’t have to worry about human feces on the grass or urine on the picnic tables.

  17. As we had to do with airports when terrorists started using airplanes as weapons, it’s time to face reality and take actions that prohibit undesirables from congregating in places meant for kids & families not derelicts with drug and alcohol addictions. Fence city parks, lock gate access at a reasonable hour and hire the equivalent of playground monitors w/direct lines to immediate law enforcement. It’s either that or give over the parks to lowlifes and families who don’t have their own backyards will have no safe place to gather or play outdoors.

  18. Of the many parks around the city and county, why take your kid to this one? Come on folks, use some common sense and have some awareness. For those wondering, yes, I hold the parent responsible for their child and do not pass the blame to any government department. Citizens need to take action if all else fails, we see this time and time again.

  19. Took their kid to play at Plaza De Vera Cruz and bummed that he got pricked by a needle? I would be too but then again I would NEVER take my kids to play at that park. Come on. They’re lucky that was all that happened. That park is trash and has been for decades.

  20. According to the City’s interactive park map, the Plaza is the City’s oldest park and is open from sunrise to 10 pm. The website indicates that alcohol is not permitted. Perhaps closing earlier, at sunset, and routine checks (initially every few hours) by park or city maintenance staff would help to discourage substance abusers? This area has been a gathering place for 50 years or more. Roger’s idea of making it a kids’ park would work to change the character of the area if monitored.

  21. Isnt Cathy Murrillo the best? She is so amazingly effective , so visible and such a great leader. She’s right out in front of these issues fighting hard to fix our town… Nope. She’s a worthless placeholder who hasnt done a thing to change a thing in fact, she’s made it worse. By far the worst mayor in half a century.
    We have chances to change the direction of the city but you people keep voting in the same weak, party-first, do-nothing officials who have done NOTHING to change the downward spiral of our community over the last 10+ years.

  22. Hey Rex- If a park, ANY park, has a PLAYGROUND with PLAYGROUND EQUIPMENT, it attracts kids and tells a parent that it is kid friendly locale. If the City provides a green space for vagrants, it should NOT have a PLAYGROUND with swings and climbing structures.
    Ortega Park is ANOTHER park that is a vagrant park that has had its issues. As long as Santa Barbara writes annual checks for over a MILLION dollars every year for vagrants support, this will continue- That MILLION dollars plus a year could be going to make SB a non-tolerant bum location, but hell will freeze before that ever happens with the politicians that get voted in… I wonder what Hanna Beth Jackson and Das Williams take is on this…? BTW- This is the NORM in San Francisco.

  23. Of course parents should be able to let their kids play in all parks. The reality is that many of our local parks are hangouts for hardcore drug users, which is obvious to any visitor to these parks/playgrounds. Rather than risk my chid being exposed to used needles and other filth, I think I’d just avoid the area altogether. IMO, any parent who allows their child to pay in such an environment is guilty of neglect. Of course the City should “do something,” but until it does (and don’t hold your breath waiting for it to happen), accept the fact that the chances are high that kids WILL encounter discarded needles, etc.

  24. Rex, I think the very definition of a park may have been lost on you. Maybe stick to complaining about the demise of affordable fast food options instead? Those types of topics seem to suit your character better than trying to blame a child or his parents for a public safety failure by the city, the parks dept and the Mayor. A child was pricked by a hypodermic needle! We have an huge number of bums and addicts living on our streets with more arriving daily and the city is focused on how to attract more cruise ships, increasing the ToT and petty issues like banning plastic straws… Dont you see the problem here? Our mayor is an abject failure on practically every measure except how to increase debt, taxes and push us further into insolvency.

  25. This is the result of allowing transients, drug addicts and sellers to control our town they have far more rights then we. From a dead body on a populated hillside on the Westside, fires on the side of the FWY and needles on the ground. Downtown you can see and smell feces, urine, drugs & naked drunks at noon- Good for the Funk Zone and the new construction for cleaning up the lower end- and any business that takes this risk. Demand more from all elected officials and promote business minded leaders-

  26. SBOBSERVER: You simply don’t get it. OF COURSE kids should be able to play on local playgrounds, but there is now extreme danger in doing so. Just because the playgrounds are there doesn’t automatically make them safe. The issue at hand, however, is this: a child’s parent(s) let their child play at a park/playground that is KNOWN to be a dangerous area. To say, “well, it’s a playground, the child should have been able to play there,” overlooks the main question. Perhaps you should stick to commenting on things that you understand.

  27. Rex, On average 50k “tourists / transients” roll through our town every single day. So are you saying that every one of them knows that this is a park to be avoided? Good grief. When the waves are too high on sea wall, they close it. When a rail breaks, the close the trail. When a sidewalk cracks, they fix it. Where is the city’s oversight on this so-called “needle park” to keep people safe? Its nowhere. Not a single sign, not a single warning and not a single person stepping up to take responsibility. (Murillo where are you?)
    The #1 most important role of the city’s government city is public safety. Everything else is secondary and/or unnecessary. You seem to think you have your finger on the pulse, but those of us who have read your rants and tirades over the last decade have a very different take on your views… Maybe, just maybe you are the one who “doesn’t get it”? Over and out…

  28. Murillo did not win the job with a majority on any measure. In fact the majority of voters DID NOT vote for her. Heck, she only had 6059 votes out of the 17,388 cast for mayor. Meaning that she was not the choice of 65% of people who chose to vote. But hey, math is hard, we get it…

  29. I haven’t read all the comments but did anyone suggest tamperproof needle disposal boxes for all parks? And for “needle park” some video cameras accompanied by signs at all entrances that says. “This Area Under Video Surveillance.”

  30. New park being built in Goleta; need day AND night supervision. Keep it safe, don’t try to play catch up. When I used to sail my boat, the saying was “better to stay dry than try to get dry”. If the drug addicts don’t get used to using the new park, you have a better chance of keeping the public, babies included, healthy and alive.

  31. But also a wholly different culture. And with few guns. Never here, my gods parents get TICKETED for letting their kids walk their pets in their neighborhood, walk to and from school and neighborhood parks! I’m SO GLAD I grew up decades ago, when we had what is now called “free range parenting”!!!

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