Fremont city council amends controversial homeless bill

FREMONT, Calif. - People who offer help to Fremont's unhoused residents no longer have to fear the possibility of being fined or arrested after city leaders on Tuesday night voted to amend a new law banning homeless encampments.

The law, which bans camping in public spaces, still stands, but the city council voted six to one in favor of removing language that made "aiding and abetting" the city's homeless residents a misdemeanor. That clause was heavily criticized by activists and homeless advocacy groups, who were concerned the language was too vague to guarantee volunteers wouldn't be arrested for the work they do. The amended law went into effect immediately.

Anthony Prince, a lawyer with the California Homeless Union, called the council's actions "misleading."

As long as camping is considered a crime, Prince said, anyone who helps an illegal camper can be held criminally liable, whether the ordinance bans ‘aiding and abetting.’

He added that the law has already had a "chilling effect" on several churches and nonprofit groups, which have ended their outreach for fear of the legal risks involved.

The California Homeless Union is part of a coalition of organizations that filed a lawsuit against the city shortly after the law was passed in February. Prince said the lawsuit will move forward regardless of the amended language.

A representative for the city said they could not comment on the pending litigation.

‘War on the poor’

What they're saying:

Fremont resident Kate Amon called the amendment a "slight improvement" but said the overall law is still a problem.

Under the current ordinance, anyone who refuses to move their encampment could face a fine of up to $1,000 and six months in jail.

"It's still a war on poverty, a war on the poor," Amon said. "It's a homeless exclusion act, because it's trying to push people out by letting the police threaten arrests."

Fremont has around 800 homeless residents, according to a 2024 census, but only has around 100 shelter beds. The law's critics say the city is leaving its unhoused residents with nowhere to go. 

The city attorney's office said even without the amended language, volunteers were still free to distribute water and blankets. They said "aiding and abetting" meant helping someone pitch a tent on public property, and added that other California cities, including Berkeley, Hayward and San Diego, have similar language in their camping bans.

Fremont Mayor Raj Salwan said he believes amending the ordinance has cleared the way for advocates and activists to resume their work safely.

"I feel comfortable that by removing this (language) we will reduce any fears our community members or nonprofits had," Fremont Mayor Raj Salwan said. "(I believe) this will allow our nonprofits to provide services to all the unhoused individuals, and we will be working closely with all of them."