California City Makes Helping the Homeless a Criminal Offense

The California city of Fremont voted on Feb. 11 to criminalize “aiding” or “complicity” in the creation of homeless encampments, a measure that could make it more difficult for homeless people to access food, health care, and other services, writes The Washington Post.

Photo: Andrey Popov | Dreamstime.com

The move by Fremont, California, follows a Supreme Court decision in June that inspired communities across the country to enact protections for people without shelter. In Grants Pass, Oregon v. Johnson, the court ruled that cities can prohibit homeless people from sleeping outside even if the community lacks shelter space.

Since then, more than 150 cities have passed laws banning homeless encampments, according to the National Homelessness Law Center. They now prohibit camping and sleeping in public places like sidewalks or parks. They also prohibit storing personal belongings on public property. More than 40 of those cities are in California.

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Fremont, across the bay from San Francisco, went even further. The city council voted 6-1 to adopt a policy that not only bans homeless encampments but makes it a crime to assist them. The provision, which goes into effect in 30 days, does not define what constitutes “aiding” or “complicity” in the creation of an encampment, leaving much room for interpretation, homelessness experts say.

Violators of this ordinance can be fined $1000 or sentenced to up to six months in prison.

“We’ve seen a rapid expansion of crackdowns by cities, counties and states since the Grants Pass decision,” said Ron Hochbaum, an associate professor at McGeorge Law School at the University of the Pacific. “This is the first statute I’m aware of that uses such broad aiding and abetting language … that criminalizes a broad range of conduct.”

Supporters of Fremont’s policy, including Mayor Raj Salwan, argue that it is intended to ensure the health, safety and well-being of all residents. In an email, he said the ordinance combines “compassion for the homeless with reasonable protections for all residents.”

Specifically, Salwan explained that the law would “hold accountable people who attempt to build illegal structures (tree houses, wooden structures, etc.) in our parks and along waterways.” He noted that the ordinance would not “prevent social workers from helping our neighbors by providing them with water, food, or services to receive assistance.”

But legal and homelessness experts say the law and its vague wording could discourage charities, social service providers and concerned residents who support the homeless, and could encourage other cities to pass similar laws.

Hochbaum noted that, based on the text of the law, distributing tents, food and water could be considered a violation, as could providing legal advice to homeless people living in camps.

"It's very difficult to say how the new law will be interpreted because it doesn't define these concepts," Hochbaum concluded. However, some consequences are obvious: first, it effectively criminalizes charity; second, it is aimed at intimidating defenders of the rights of the homeless.

Additionally, the law is "another investment in punitive methods to combat homelessness" rather than addressing the root causes of the problem or helping people find housing, he added.

Fremont's Department of Law said prohibiting aiding and abetting offenses is common practice for cities.

"This language was not designed specifically for homeless encampment violations and will not apply exclusively to such violations," the document, posted on the city's website, says.

But seven legal and homelessness experts say the language is too vague and the law marks a new phase in tougher policies to combat homelessness.

At least one group has indicated it may challenge the law.

"We believe this measure is inherently unconstitutional and are actively discussing with other organizations and lawyers the possibility of appealing it," said Anthony Prince, general counsel for the California Homeless Alliance.

Homelessness is on the rise across the country, a problem that is particularly acute in the West, including the Bay Area, where skyrocketing housing prices are pushing vulnerable people onto the streets.

In an attempt to cope with the crisis, some cities are passing laws that restrict charitable activities. Many communities have introduced restrictions on begging or even bans on food distribution. Supporters of such measures argue that this helps reduce crime and keep residents safe.

Fremont's new law lacks specificity, making it both remarkable and dangerous, experts say.

“We’ve seen similar initiatives in other cities, but we’ve never seen language that effectively equates social service workers with the driver of a getaway car for bank robbers,” said Alex Wisocki, a senior fellow for California policy at the National Alliance on Homelessness. “The language about ‘aiding and abetting’ seems new and certainly more draconian.”

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Donald Whitehead, executive director of the National Coalition on Homelessness, said homeless advocates will be watching closely to see how Fremont's law is implemented.

"It's very common for cities to copy other cities' initiatives," Whitehead said. "And I think this law could have a snowball effect."

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