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Fremont council approves strict ordinance targeting homeless encampments

Fremont outreach workers worried encampment ban could also criminalize aid work
Fremont outreach workers worried encampment ban could also criminalize aid work 03:31

Officials in Fremont approved a strict new ordinance banning homeless encampments on all public property, which included a controversial provision that has raised concerns among workers who provide outreach to the unhoused.

In a meeting that lasted several hours, the city confirmed to CBS News Bay Area that the council approved the ordinance by a 6-1 vote just before midnight. Mayor Raj Salwan was among those who voted for the ordinance, while Vice Mayor Desrie Campbell was the lone dissenting vote.

The ordinance makes it illegal to camp or maintain an encampment on any public property in the city, including streets, sidewalks, parks, open spaces and waterways. Types of camping covered by the ordinance include tents along with vehicles.

Camping on private property would only be allowed with the consent of the property owner and is limited to three consecutive nights.

Another provision of the measure also bans the storage of personal belongings on public property.

The measure also includes a provision that states: "Any person causing, permitting, aiding, abetting or concealing a violation of this chapter shall be guilty of a misdemeanor, and may be prosecuted as 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."

Organizations who provide services for the unhoused expressed worry about the language, saying it could break trust with the people they are trying to serve.

Vivian Wan, the CEO of Abode Services, worried what this could mean for outreach workers at her nonprofit, which started in Fremont.

"In reality, do I think police are going to round up Abode service workers? Do I really think they're going to arrest the nun that's offering a sandwich? I doubt it," Wan told CBS News Bay Area ahead of Tuesday's meeting. "However, it's that perception in and of itself that can really break that relationship with the people we care about. Honestly, it's an insult to my values. It's an insult to our organization. It's an insult to the community that I love."

Wan also pointed out the latest data in Fremont, which shows a 21% reduction in homelessness since 2022.

Salwan told CBS News Bay Area reporter Kevin Ko before the meeting that the ordinance is not intended to target outreach workers, adding he is open to amending and/or changing the language in the proposal.

"We need [outreach workers]. They are our army. So I think it's being misinterpreted that we're trying to penalize folks for helping. Absolutely not," Salwan said. "People can give water, food, tents. They can assist these individuals [and] do outreach. We want to make sure we're compassionate, but we're just trying to prevent safety concerns."

Salwan said the approach to reducing homelessness across Fremont moving forward will "be both compassionate and use common sense." 

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