An anti-camping ordinance in Fremont is raising concerns about potential criminal liability for homeless outreach workers.
The city’s new ordinance bans public encampments on all public property. It also contains the following provision:
“Any person causing, permitting, aiding, abetting or concealing a violation of this chapter shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.”
Homeless advocates worry the law could expose non-profits and other groups that work with the homeless. They say the language about aiding and abetting encampments is too vague.
Abode Services CEO Vivian Wan told CalMatters that she’s especially concerned about the ‘concealment’ aspect.
“…PD/City staff in Fremont have been known to pressure us to share confidential information, including where a participant is staying,” she said. “I think this ordinance may be used to compel such information, breaking the trust with folks that often takes years to build.”
According to the ACLU, this is the first time a city has included a provision like this in an anti-camping ordinance. The city counters that “the general prohibition against aiding and abetting violations of municipal code ordinances is relatively common language shared by other California cities.”
City officials rejected the idea that the law could be used to punish those who offer food or clothing to unhoused individuals.
Like many localities, Fremont has seen an explosion in its homeless population in recent years. The third largest city in the Bay Area, Fremont now has an estimated 612 people living on its streets. Proponents of the ban say the encampments affect businesses and pose public safety risks. There was significant public support for the camping ban, and it ultimately passed 6-1.