11:00 pm - February 25, 2025
A California city has taken an unprecedented step in addressing homelessness by criminalizing not only homeless encampments but also aiding or abetting them, sparking widespread concern among advocates who fear this could hinder vital support for those in need. On Tuesday, the Fremont City Council voted 6-1 to adopt a policy that makes it illegal to camp on public property and also criminalizes assisting or enabling such encampments. The ordinance, which will take effect in 30 days, carries penalties of up to $1,000 in fines and six months in jail for violations. This move has raised alarms among homelessness advocates, who argue that the broad language of the law could criminalize even basic acts of humanitarian aid, such as providing food, clothing, or shelter to unhoused individuals.
The ordinance has been criticized for its vague definitions of what constitutes "aiding" or "abetting" homeless encampments. Experts warn that this could target not just individuals offering help but also non-profit organizations, churches, and outreach groups that provide essential services to the homeless. For instance, handing out sleeping bags, offering legal assistance, or even allowing a homeless person to camp on private property could potentially fall under the law’s broad scope. Vivian Wan, CEO of Abode Services, a Fremont-based organization that assists unhoused people, expressed concerns that outreach workers may face a difficult choice: either risk legal trouble by providing life-saving aid, such as tents during cold nights, or avoid helping altogether. This ambiguity has left many questioning how the law will be enforced and who will be targeted.
Fremont Mayor Raj Salwan has defended the ordinance as a "common sense" measure to protect neighborhoods, arguing that encampments create barriers to helping homeless individuals access support services. He emphasized the need to balance compassion with accountability, stating that public spaces like parks and libraries should be safe and accessible for all residents. However, homelessness advocates disagree, pointing out that criminalizing encampments and the people who help them fails to address the root causes of homelessness, such as the lack of affordable housing and mental health services. Instead, they argue, such laws push unhoused individuals further into the margins, making it harder for them to access the help they need.
The Fremont ordinance is part of a larger trend across the U.S. since the Supreme Court ruled in City of Grants Pass, Oregon v. Johnson that banning camping on public property does not violate the Constitution. Following this decision, over 150 cities nationwide have enacted laws prohibiting homeless people from sleeping in public places, even when no alternative shelter is available. California, which has the highest number of unhoused individuals in the country, has seen 45 of its cities adopt similar anti-camping measures. However, Fremont’s law stands out as the first to explicitly criminalize aiding or abetting homeless encampments, a move that experts describe as particularly punitive and counterproductive.
City officials in Fremont insist that the law is not unique and that similar language exists in other California cities’ municipal codes. However, homelessness advocates and legal experts disagree, arguing that this ordinance sets a dangerous precedent by targeting those who provide support to unhoused people. John Do, a senior attorney at the ACLU of Northern California, noted that while anti-camping laws are becoming more common, Fremont’s law is the first to include language criminalizing aid to homeless individuals. This has raised concerns about the law’s constitutionality and its potential "chilling effect" on humanitarian efforts. Advocates fear that the broad discretion given to law enforcement could lead to selective and unfair enforcement, deterring volunteers and organizations from providing essential services to those in need.
The passage of this ordinance has also sparked fears that it could embolden other cities to adopt similar measures, further criminalizing homelessness and the people who support unhoused individuals. Advocates warn that such laws only exacerbate the crisis by isolating homeless individuals from the very services and support systems that could help them rebuild their lives. Andrea Henson, executive director of the Berkeley-based nonprofit Where Do We Go, criticized the ordinance for sending a message of segregation and isolation, making it harder for unhoused people to survive and access assistance. She emphasized that criminalizing homelessness does nothing to solve the problem and instead perpetuates a cycle of suffering and marginalization. As cities like Fremont continue to pursue punitive measures, advocates are urging policymakers to focus on building more affordable housing, increasing access to mental health and substance abuse treatment, and providing alternatives to incarceration for those struggling with homelessness. Without addressing these underlying issues, they argue, no amount of legislation will bring an end to the crisis.