Fremont, California Criminalizes Homelessness, “Abetting” Encampments

The San Francisco Bay Area city of Fremont passed one of the state’s most punitive laws against homeless residents, banning camping on public property and making it illegal to “permit, aid, or abet” encampments over the objections of non-profits and service providers. At the last count, Fremont had roughly 1,000 unhoused residents, while the city only provides 100 shelter beds.

As Dani Anguiano reports in The Guardian, “The city attorney said the ordinance does not make it illegal to provide food or aid to unhoused people. The council briefly considered amending the proposal to explicitly state that the ordinance would not affect aid workers but ultimately opted not to and the ordinance passed with just one councillor opposing it.”

The law has been widely condemned by advocates and civil rights groups. A letter to the city council signed by almost 20 groups stated that the ordinance would lead to “legal liability and devastating humanitarian consequences.” During the city council meeting when the council voted for the ordinance, hundreds of people showed up to protest the proposal, while other residents expressed support, citing concerns about safety.

Fremont is just one of many cities enacting laws targeting unhoused residents in the wake of the Supreme Court's Grants Pass v. Johnson decision last year, which allows cities to make houselessness illegal even when shelter space is not available.