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CBS News
11-03-2025
- Politics
- CBS News
Homeless advocates sue Fremont over strict anti-camping ordinance
A coalition of homeless activists is suing the city of Fremont over its recently enacted anti-camping ordinance, which critics say criminalizes homelessness and charitable outreach to the unhoused. The ordinance was approved by a 6-1 vote of the Fremont City Council in February and aims to give the city broad powers to deal with homeless encampments on public and private property. The new rules specify a jail term of no more than six months and a fine of up to $1,000 for people convicted of camping on sidewalks, streets and parks in Fremont or of aiding, abetting or concealing such behavior. It also prohibits camping on most private property for longer than 72 hours and the storing of personal belongings on public property. And while the council seems poised to remove the "aiding and abetting" language from the ordinance at its March 18 meeting—following widespread concerns that it criminalizes helping homeless people—advocates claim such a move would be ineffective because similar language appears in a different section of Fremont's municipal code. "If the city makes anything unlawful, it also makes aiding and abetting that behavior unlawful," said Anthony Prince, a lawyer for one of the plaintiffs, the California Homeless Union. "They're trying to minimize its significance and it's illusory at best and fraudulent at worst for the city to be falsely misleading the charitable community and supporters of the unhoused into thinking they're okay." The suit was filed last Wednesday in U.S. District Court for the Northern District of California. It alleges the ordinance violates the First, Fifth and Fourteenth Amendments of the U.S. Constitution, the Religious Land Use and the Institutionalized Persons Act, the Religious Freedom Restoration Act, the California Constitution and the Americans with Disabilities Act. It also likens the way the ordinance treats homeless people to the way runaway slaves were pursued and persecuted in the United States. "Two hundred years ago, by fleeing bondage, the runaway slaves "stole" themselves from their owners, and became, by definition, criminals," the suit claims. "Today, it is the homeless resident of Fremont who has become the criminal, 'fleeing' from the cold of winter and extreme heat of summer that takes the lives of thousands of the unsheltered every year; 'fleeing' the dangers of the unprotected streets and seeking refuge in a tent, car or under a freeway overpass; fleeing hunger and want by taking the outstretched helping hands of the concerned and the compassionate who, under this unconscionable enactment, have also been pushed into the ranks of the hunted and the criminal." Fremont Mayor Raj Salwan said Monday the city can't comment on pending litigation but noted it "has agreed to stay enforcement of the Camping Ordinance until the City Council considers an amendment on March 18th." In addition to pursuing the lawsuit, Prince said his organization and local allies plan to present city officials with a letter demanding they suspend enforcement of the ordinance and meet with advocates and people from the homeless community to talk about the main issues involved, including health and safety goals.
Yahoo
06-03-2025
- Politics
- Yahoo
Fremont slapped with lawsuit over homeless camping ban
(KRON) — A coalition of homeless people, advocates, the California Homeless Union, and religious organizations filed a federal civil rights lawsuit against the City of Fremont. The lawsuit challenges a new city ordinance that 'criminalizes homelessness,' according to the coalition. Fremont's ordinance bans camping on public property, outlaws possessing camping gear, and allows the city to fine people who help establish encampments. Public property includes city streets, sidewalks and parks. The City Council approved the ordinance in February. 'With this anti-camping law, Fremont has made it illegal for its unhoused residents to exist within city limits,' said Jason Serris, president of Marin Housing for All Foundation. 'Even possessing something as essential as a sleeping bag is now a crime.' More than 800 homeless people live in Fremont, according to the city's latest count in 2024. The lawsuit was filed Wednesday in the U.S. District Court for the Northern District of California. The suit claims that the anti-camping rules mark an 'ugly chapter' in the city's history. Several plaintiffs named in the lawsuit are homeless. Kent Eaton has been homeless for 22 years and lives off $670 in monthly welfare checks, the suit states. Eaton lives inside a tent that's wrapped by a tarp, and both items were given to him by a local church. He relies on local churches for essentials like blankets, water, and food. Coalition leaders said Fremont plans to now punish churches and nonprofits that help people like Eaton. The ordinance targets anyone who is 'causing, permitting, aiding, abetting or concealing' an encampment. Fremont Mayor Raj Salwan said the city will not punish people who are trying to support the homeless by giving them resources like water, but it will punish those who try to help set up encampments and makeshift wooden structures. Andrea Henson, co-counsel for the California Homeless Union, said, 'The City is not only criminalizing poverty but also attacking those who live out their faith through service. This ordinance is an assault on compassion, community, and justice.' Another plaintiff, Corrine Griffith, is a homeless woman who suffers from multiple personality disorder and epilepsy. She has been a victim of violent crime and terrorized by an East Bay street gang that killed her husband, the suit claims. Griffith recently suffered a life-threatening seizure and she was rescued by friends who live in her encampment. She claims that she became homeless after a landlord embezzled rent payments. The lawsuit states that Griffith and Eaton are 'involuntarily homeless.' Fremont-Homeless-LawsuitDownload Without resources from churches, charities, and nonprofits, the city's homeless population will suffer from being exposed to the elements, illness, and premature death, the coalition claims. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
06-03-2025
- Politics
- Yahoo
Advocates sue California city over ‘unconscionable' camping ban
Advocates are suing a Bay Area city over a camping ban in public spaces that — until Wednesday — would have made "aiding" or "abetting" homeless encampments a crime. The California Homeless Union is taking legal action against the city of Fremont on behalf of faith communities and homeless residents after city leaders last month approved new rules that tightened a local camping ban. The complaint says the city's "unconscionable" policy means homeless people living in encampments "face immediate criminal persecution under the ordinance because they are involuntarily homeless." The groups are seeking an injunction halting its implementation, as well as a judgment finding it unconstitutional. The policy approved in February said anyone "permitting, aiding, abetting or concealing' the ban could face a misdemeanor, though The Mercury News on Wednesday reported city leaders struck the "aiding and abetting" portion of the policy after it drew significant backlash. A spokesperson for the city could not be immediately reached for comment about the lawsuit. Fremont is one of many California cities that has implemented or strengthened camping restrictions after a Supreme Court ruling last year gave cities broader powers to enforce such rules. State leaders — including Democratic Gov. Gavin Newsom — have faced political backlash over a growing number of tent encampments since the pandemic.


Politico
06-03-2025
- Politics
- Politico
Advocates sue California city over ‘unconscionable' camping ban
Advocates are suing a Bay Area city over a camping ban in public spaces that — until Wednesday — would have made 'aiding' or 'abetting' homeless encampments a crime. The California Homeless Union is taking legal action against the city of Fremont on behalf of faith communities and homeless residents after city leaders last month approved new rules that tightened a local camping ban. The complaint says the city's 'unconscionable' policy means homeless people living in encampments 'face immediate criminal persecution under the ordinance because they are involuntarily homeless.' The groups are seeking an injunction halting its implementation, as well as a judgment finding it unconstitutional. The policy approved in February said anyone 'permitting, aiding, abetting or concealing' the ban could face a misdemeanor, though The Mercury News on Wednesday reported city leaders struck the 'aiding and abetting' portion of the policy after it drew significant backlash. A spokesperson for the city could not be immediately reached for comment about the lawsuit. Fremont is one of many California cities that has implemented or strengthened camping restrictions after a Supreme Court ruling last year gave cities broader powers to enforce such rules. State leaders — including Democratic Gov. Gavin Newsom — have faced political backlash over a growing number of tent encampments since the pandemic.