The city council in Fremont, California, passed a contentious ordinance on Tuesday, outlawing camping on public property and potentially criminalizing aid to the homeless. Critics have labeled the ordinance as one of the state's harshest, drawing parallels with other U.S. cities that have enacted similar policies post a U.S. Supreme Court ruling. The decision, which saw only one council member dissenting, has ignited widespread debate among community groups, residents, and city officials.
The new ordinance classifies "aiding and abetting" as a misdemeanor, punishable by up to six months in jail and a $1,000 fine. This measure comes as Fremont grapples with a rising homeless population that stood at 807 in 2024, with 612 individuals unsheltered. The city offers just over 100 shelter beds, falling short of accommodating those in need. Over the years, the number of homeless people in Fremont has surged from 608 in 2019 to 1,026 in 2022, exacerbating concerns about adequate housing and resources.
Mayor Raj Salwan defended the ordinance, citing public health and safety as primary reasons for its implementation.
“It’s not fair for folks to have to navigate their paths around these large encampments,” he said.
He further emphasized Fremont's commitment to addressing homelessness.
“These encampments are not humane for the unhoused. We’ve done more than any other city.”
“We are a leader in homeless prevention.”
However, the ordinance has faced fierce opposition from nearly 20 community groups. In a joint letter, these organizations described the policy as "misguided" and warned of the potential for "legal liability and devastating humanitarian consequences."
“This sweeping language would effectively make it a crime to be unsheltered in the City of Fremont,” stated the letter.
JC Clark, a prominent community advocate, criticized the ordinance's implications.
“Poverty is not a crime. This ordinance says it is,” he remarked.
Thaddeus Sprinkles, another advocate, expressed frustration over the lack of comprehensive solutions.
“We are playing musical chairs with people’s lives. This is not a solution.”
The ordinance's passage followed a lengthy city council meeting that extended until midnight amid public outcry and criticism. Despite Fremont's history of collaboration with non-profit and advocacy groups, this decision marked a departure from previous practices, as the council did not consult these stakeholders before considering the ordinance.
David Bonaccorsi, a member of the Fremont for Everyone group, highlighted the city's housing challenges.
"The city's housing supply has not kept up with the growing number of jobs," Bonaccorsi noted, underscoring the systemic issues contributing to homelessness.
The ordinance's critics argue that it unfairly penalizes aid workers who provide essential services to the homeless population. The potential criminalization of aiding those in need has sparked concerns about the ordinance's broader social impact and its alignment with humanitarian values.
While Fremont officials emphasize maintaining order and safety for all residents, advocates for the homeless stress the importance of compassion and comprehensive support systems. The tension between these perspectives highlights the complexity of addressing homelessness in urban settings where resources are limited and demands continue to grow.