☆ What SJ can learn from Sandy Eggo's No Camping ordinance
Homeless advocates often misread and misinterpret the Martin v Boise legal decision as suggesting that cities can't get rid of dangerous and unsanitary homeless encampments until some magical number of beds are available. The City of San Diego is leading the way in California with their no-camping ordinance. Irene Smith, president and co-founder of Independent Leadership Group, summarizes and explains SD's ordinance and its relevance to Santa Clara County in this Opp Now exclusive.
The SD no-camping ordinance is designed to protect all people and environmentally sensitive areas.
It is unlawful to camp or maintain encampment upon any public property in SD. Enforcement will be a misdemeanor citation and will not be given if there are no appropriate shelter beds available.
However, it is unlawful to camp regardless of available shelter beds if:
there is unreasonable risk of harm to persons.
there is unreasonable risk of harm to public health.
there is disruption to vital government services.
located within two blocks of a school.
located within two blocks of a shelter.
located on open space, waterway, or waterway banks.
located within transit hubs.
located at any park with substantial risk to health or safety.
Abatements of encampments will involve property removal:
Removal of property must occur within 24 hours of notice of abatement.
Personal items may be stored but must be storable from a weight and size.
Here are the three big takeaways for cities in Santa Clara County:
If the safety or health of people is at risk, no camping can be enforced.
No-camping zones can be designated, such as near schools and environmentally sensitive areas.
Jail is not the place for the street-unhoused, but neither is the sidewalk.
Read more of Smith's analysis on Martin v Boise here.
Follow Opportunity Now on Twitter @svopportunity
Image by Ed Yourdon
Opp Now enthusiastically welcomes smart, thoughtful, fair-minded, well-written comments from our readers. But be advised: we have zero interest in posting rants, ad hominems, poorly-argued screeds, transparently partisan yack, or the hateful name-calling often seen on other local websites. So if you've got a great idea that will add to the conversation, please send it in. If you're trolling or shilling for a candidate or initiative, forget it.