The East Bay Area bedroom community has imposed one of the harshest anti-homeless measures in California. But council members said the ordinance is not intended to be punitive - Canva AI-generated image

 

Fremont City Council Passes Measure Criminalizing Homelessness

By Sunita Sohrabji

Fremont, CA: Shortly before midnight on Feb 11, the Fremont City Council passed an ordinance that criminalizes homelessness as a misdemeanor offense with penalties of up to 6 months in jail and fines of $1,000.
The new ordinance is one of the harshest such measures in California. It prohibits “camping” on public property and allows for only 72 hours of “camping” on private property. Camping is defined as living in an encampment, but also living in a large vehicle, such as an RV.
The new measure also imposes a fine of up to $1,000 for people who “aid and abet” homeless people. The language is vague: Fremont Vice Mayor Desrie Campbell asked for a halt of the vote so that clarifying language could be added. Two council members asked for a reduction in the amount of fines. But the measure passed without those amendments. Campbell was the lone dissenting vote.

‘Cruel Ordinance’
City Hall was packed with people waiting to offer a 1-minute comment; lines snaked outside the building, despite the chilly temperature. 194 people registered, but only 70 got a chance to speak during the five-hour meeting.
Several speakers described the ordinance as cruel. Theresa Ballard, board chair for Abode — a shelter for homeless people — noted that the measure would simply shuffle people from one city to another, without addressing the root causes of homelessness. Others noted that homeless people released from jail would once again be out on the streets since Fremont currently lacks sufficient resources to shelter all unhoused people living within its boundaries.
But several people said they were scared to walk on Fremont’s streets, especially with their children, for fear of being accosted by a mentally-ill homeless person. Others noted that the small fires created in encampments could go out of control, creating disasters similar to the recent fires in Los Angeles County.

Employed But Homeless
Fremont spends $7 million annually to provide an array of services to unhoused people, noted City Manager Karena Shackleford. “We are always looking for opportunities to provide more shelter,” she said.
According to the 2024 Point in Time survey, in which volunteers go out onto streets to record information about the number of unsheltered people, Fremont has 807 homeless people. 612 people live on the streets, while 195 are in shelters. 62% live in RVs, while 20% live in tents. 10% live directly on the sidewalk.
About 14% of Fremont’s unhoused population are employed. More than 25% are over the age of 55. And 23% have serious mental illnesses.

Supreme Court Ruling
Fremont Mayor Raj Salwan noted that 2,000 units of affordable housing are being built and should be available within the next 3 years. He called for additional shelter units to also be built.
Fremont is one of the Bay Area’s most expensive housing markets, with average home prices at $1.5 million. The average monthly rent for a studio is $2,100. Prices have increased dramatically over the past 15 years as the region evolves into a hub for tech and biotech companies. Fremont Economic Development Director Donovan Lazaro said homeless encampments were deterring the city’s economic growth.
Rafael Alvarado Jr, Fremont’s city attorney, noted that 22 towns in California have similar ordinances. Last July, California Governor Gavin Newsom issued an executive order urging cities and towns to remove their encampments. And in June, the Supreme Court ruled in Grants Pass vs Johnson that cities can enforce camping bans on public property. Alvarado clarified that the ordinance would not penalize people providing food, water, or clothing to homeless people.
Fremont Police Chief Sean Washington said his force would only impose the new ordinance in situations of great danger to others. He noted that a camping ban for Fremont parks is already on the books, but said police have not made a single arrest. “Our intent is never to arrest someone who is unhoused. Only in extreme situations would we escalate,” he said. “The objective is to gain compliance, not to be punitive.” – Ethnic Media Services