Fremont's more aggressive ban on homeless encampments could spell trouble for neighboring cities
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Fremont aims to outlaw homeless camps in most parts of the city—does this mean SJ will be on the receiving end of travelling bivouacs? Ethan Varian reports for the Merc, excerpted below.
The ban would prohibit encampments on “any public property, including any street, sidewalk, park, open space, waterway” or private property not designated for camping. It would also allow officials to criminally charge anyone “aiding” or “abetting” a homeless camp, a provision service providers fear could put a target on their backs.
The penalty for violating the ordinance: a fine of up to $1,000 and up to six months in jail.
Fremont officials have maintained the goal is not to push all homeless people out of the city but instead to give officials the “power to change behavior” of those living in encampments. They say they have no intention of arresting homeless people or service providers.
“Compliance will be gained through request,” said city spokesperson Geneva Bosques.
If the ban goes through, Fremont would become the latest California city to adopt tougher encampment rules following the Supreme Court’s ruling in June. That decision, Grant’s Pass v. Johnson, overturned a lower court ruling that had prevented local governments in the Western U.S. from punishing people for living on the street if they had nowhere else to go.
In the Bay Area, San Jose and Oakland have since ramped up sweeps. San Francisco has begun citing more homeless people for public camping. Berkeley now allows city workers to clear some encampments even when shelter beds aren’t available. Antioch recently passed a full camping ban. And San Mateo County has made it illegal for unhoused people in unincorporated areas to refuse shelter.
Advocates say that if Fremont approves its camping ban, even more cities could be tempted to follow suit in hopes of discouraging displaced homeless people from moving to their jurisdictions — setting off a “race to the bottom” they say would achieve little besides pushing encampments from one neighborhood to another.
In neighboring Union City, officials said they are aware of Fremont’s proposal and are “closely monitoring” other cities’ response to encampments. Officials in Hayward and Milpitas, which already restrict camping, said they had no immediate plans to increase encampment enforcement.
Even as San Jose moves to clear more encampments, Mayor Matt Mahan worries that more cities could enforce broad camping restrictions in an effort to push their homeless residents into the region’s urban centers.
“I would ban camping in a heartbeat if I thought it would solve the crisis — but it won’t,” he said in a statement, calling on cities to instead add more shelter beds.
Read the whole thing here.
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