This Bay Area City’s Encampment Ban Could Become the Toughest in the State

Fremont city leaders are expected Tuesday to consider a camping ban that legal advocates say could be among the harshest in the state.

It would restrict camping on not only public property but also private property for more than three consecutive nights. And, it would prohibit anyone from “permitting, aiding, abetting or concealing” camping on those lands.

If the city council adopts the new rules on Tuesday, they would go into effect in 30 days.

Public frustration with widespread homelessness has led cities across California to crack down on encampments. And, the Supreme Court last summer gave local officials more power to do so. However, advocates say Fremont’s proposed plan goes further than most.

Eric Tars, policy director for the National Homelessness Law Center, said that, while other cities may have general clauses in their municipal codes prohibiting “aiding and abetting” any violation, they aren’t generally enforced.

“So making it this clear and explicit around people needing to live outside can only mean Fremont is trying to do something different,” he wrote in an email.

Advocates for people experiencing homelessness say the proposed law would make it more difficult for them to do their jobs.

“If my staff gives someone a blanket so they don’t freeze at night or a bottle of water, that would be considered aiding, right?” said Vivian Wan, CEO of Abode Services, which runs a shelter and other housing programs in Fremont. “If we don’t disclose where someone is sleeping outside, would that be concealing?”

Fremont Mayor Raj Salwan refuted the characterization of the plan as uniquely harsh, pointing out that Fremont’s existing law is like other cities’ that prohibit people from aiding and abetting any code violation. He said the language was only restated in this ordinance for the sake of transparency and dismissed concerns that advocates’ work would be impacted.

“The goal is not to penalize people for giving water or food or a tent or some support services,” he said. “Absolutely not.”

The aim, he said, is to give the city another tool to deal with the camps that have received the most complaints.

“If somebody is doing something that’s not safe, we can say, ‘Hey, you can’t do that.’ And at least they will have some concern that there may be some repercussions,” Salwan said.

Sabyl Landrum, an attorney for the East Bay Community Law Center’s homelessness unit, argued that the ordinance is overly broad, especially with respect to the inclusion of aiding and abetting and private property. The plan bars camping on private property for more than three consecutive nights, so Landrum said residents could potentially be cited for letting a family member stay in an RV in their driveway or pitch a tent in their backyard.

Even if that’s not officials’ intention, she said, “They are enacting an ordinance that can be used that way. Courts are going to interpret it based on the language of the ordinance, so they need to change the language.”

In a December report on the proposed ban, city staff estimated that implementing it would take over a million dollars in ongoing funding for law enforcement, waste management services and outreach.

Salwan said the city council will address community concerns before adopting the new rules, pointing out that Fremont has cut homelessness by more than 20% since 2022.

“Our goal is always to lead with services and safety and to, again, help people get a permanent path to housing,” he said.

But right now, unhoused residents and their advocates say there just aren’t enough temporary or permanent placements.

Jasmine Grijalva, 33, lives along a creek on the outskirts of Fremont in one of the encampments city leaders are targeting for cleanup. She said she’s been trying to get housing for four years. After working with various services providers, she said she’s finally on the cusp of getting a subsidized apartment.

But that’s not the case for most of her neighbors in the camp, she said.

“We’re trying to figure out how we can just be corresponding with the world that’s out there. They don’t like looking at us. They don’t want to deal with us,” Grijalva said. “If you’re going to kick us out, give us somewhere else that we can be at. Give us something. Don’t just take it all away.”