The Fresno City Council is looking to bring back its anti-camping ordinance in the wake of last month’s Supreme Court ruling that allows local governments to clear out homeless encampments regardless of the availability of shelter beds.
Come Monday, the city council will vote on an ordinance that could levy fines and potentially jail time to violators.
The backstory: In 2017, then-Councilman Steve Brandau pitched the Unhealthy and Hazardous Camping Act, which hit violators with a misdemeanor and a maximum of a $1,000 fine and six months in jail. The act passed 6-1, with current Asm. Esmeralda Soria (D–Fresno) casting the lone vote in opposition.
- But one year later the Ninth Circuit Court of Appeals struck a blow to anti-camping ordinances in Martin v. City of Boise, ruling that anti-camping ordinances can only be enforced if there are enough homeless shelter beds available.
- The appellate court struck once again in 2020 in Grants Pass v. Johnson, preventing local and state governments from fining the homeless for camping.
- Last month the Supreme Court reversed those rulings, giving the power back once again to local governments to clear out their streets.
The big picture: Councilmembers Miguel Arias, Garry Bredefeld and Tyler Maxwell are proposing an amended anti-camping ordinance for Fresno.
- The ordinance would ban anyone from sitting, laying, sleeping or camping in public places at any time.
- The city will start enforcing the ordinance on Sep. 15 if it is approved by the council.
- Violators will be given a 24-hour notice to remove any personal property, which will be retained for 60 days by the city.
- People will face $1,000 fines per violation, plus the cost associated with the transportation and storing of items.
- The ordinance will also be amended to a maximum of one year in jail for violators.
What we’re watching: The council will hold a special meeting on Monday at 11 a.m. to introduce the ordinance.
- If it passes, the council will hear it again two weeks later for final adoption.
What they’re saying: Mayor Jerry Dyer said around 20 percent of the city’s homeless population is chronically homeless with mental health issues and severe substance abuse issues.
- He said they frequently break the law, committing arson, robbery, rape, assault and other serious offenses.
- “The people of Fresno have been patient long enough, and their patience has run out,” Dyer said. “They are fed up, we are fed up, and the State of California is fed up with our unsheltered population that is having a negative impact on our communities.”
- Dyer said the city will start by focusing on specific problematic people who are the most defiant who keep returning and causing problems, people that the city has repeatedly dealt with. The city will also start by focusing on the most problematic locations where people are most often calling about.
- “We will disrupt their lifestyle, we will dismantle those encampments, and we will displace certain individuals,” Dyer said. “And some of that displacement may be to Fresno County Jail. I want to repeat – if people want help, we’re here to give them help, and we’ve been giving plenty of help. But for those who choose not to receive the help we are offering, then they will be dealt with much differently.”
