Fremont passes 1st-of-a-kind ordinance tackling homelessness

FREMONT, Calif. - The Fremont City Council on Tuesday passed a first-of-its kind ordinance tackling homelessness.

New ordinance

Council members voted 6-1 to make it illegal to camp in public spaces and make it a misdemeanor to "aid and abet" the homeless – although it's not exactly clear what that means, according to the Washington Post.

Most city council members wanted to enact a camping ban, but there were concerns over how to do it and who the strict ordinance would target.

Violators of the policy, first reported by the news outlet CalMatters, may be subject to a fine of up to $1,000 or imprisonment of up to six months.

Homeless activists worried

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That unusual step — which comes in the wake of homeless crackdowns following a Supreme Court decision last summer — has worried activists who fear it could be used against aid workers who provide services to people living in encampments. 

Josh Pettipiece and his group, the Melino Foundation, do outreach to the unhoused. 

"We provide meals and scripture and clothes, resources, and anything we that we possibly can," he said. 

His group is especially concerned about the aiding and abetting language in the newly passed ordinance.

While Fremont Mayor Raj Salwan told KTVU that police won’t target outreach workers handing out food and clothing, the ordinance doesn’t specify what qualifies as "aiding, abetting or concealing." 

A city spokesperson told KTVU the term "aiding and abetting" is common language used by other cities regarding all code violations. 

In an interview earlier this week, Salwan said: "You can give food, you can give water, a tent, you can help people. The only thing you can’t do is, you can’t build tree houses on creeks." 

Salwan added: "You can’t build large structures which can be a fire hazard. They’re not safe for the community, and they’re also not safe for our unhoused individuals." 

In an interview Wednesday, Salwan said there was a lot of misinformation surrounding the issue of aiding and abetting.

"The ordinance was passed with clarification around the issue of aiding and abetting," he said. 

Mayor Salwan says the new ordinance simply makes it clearer when enforcement can take place. 

"They were also saying that we would not allow nonprofits to do outreach work, and that was absolutely false," the mayor said. "We have been saying that again over and over to try to correct the misinformation. We have always maintained we welcome our nonprofits and our social workers to help the unhoused individuals."

Taking another look

City council members may take a look at the language of the ordinance because they said they want to make sure outreach workers and homeless advocates are not penalized for doing their jobs.

Only one councilmember, Vice Mayor Desire Campbell, voted against the ordinance, saying she supports a homeless ban in public spaces, but is against any criminalization.

Mixed reactions

At the council meeting, many residents shared their personal stories. One woman told a story about visiting a farmers market filled with tents. 

"When I tried parking my car in the nearest parking lot, I saw a homeless tent on the corner," she said. "The whole parking lot had a very strong urine smell. No one wanted to park. It's not a sanitary situation because it's so close to the farmers' market.  We should not allow that to happen." 

But there were voices against the encampment ban; they said the ordinance doesn't offer compassion for people who are struggling to survive. They criticized the council for not offering more housing solutions. 

"What are we doing?" asked a man at the meeting. "This is not a solution. It's very clear it's not a solution. We're playing musical chairs with people's lives. We're treating them almost like trash. You want to sweep them up and put them away. I'm shocked this is even a conversation."