REPEAL the Camping Ordinance, Agenda Item 6A, March 18, 2025 Fremont City Council Meeting. I urge you to repeal the full camping ordinance.
The upcoming vote to remove the “aiding and abetting” provision does nothing to change the reality that this ordinance criminalizes homelessness. It remains illegal for unhoused individuals to camp, live in a vehicle, or possess essential survival gear. Even without this provision, we cannot allow tents, tarps, sleeping bags, blankets, and other necessities to be treated as criminal instruments – deemed “camp paraphernalia” under Chapter 8.90 of the Fremont Municipal Code (FMC).
Simply removing the “aiding,” “abetting,” and “concealing” language is insufficient when Chapter 1 of the FMC still enforces the same penalties. The amended ordinance attempts to authorize any person donating “goods” to another person. How can our faith groups and community service providers provide unhoused residents with basic survival gear, knowing either they are still potentially liable under Title 1 for aiding or abetting, or even if not, that whatever “goods” they donate is still considered unauthorized and unlawful “camp paraphernalia,” such as sleeping bag or tarp that would still result in jail time or fines for the unhoused person for storing these donated “goods”? This is nonsensical and still will inhibit and intimidate those who seek to donate goods to persons experiencing homelessness in our community.
There are also contradictory statements about how this law will be enforced. Mayor Salwan stated in a March 5 interview on Radio Zindagi that the ban would be “surgically applied” and denied plans for sweeps. The very next day, Fremont Public Information Officer told the LA Times Fremont would prioritize clearing large encampments and removing smaller ones.
The public deserves transparency, and the City’s contradictory messaging undercuts any credibility in the City claiming that the camping ban is merely a “tool in the toolkit” that will be administered “compassionately” as a “last resort.” The PIO’s comments mirror the full authority granted to our law enforcement officials under the camping ban – the comments of elected officials appear to be nothing more than PR and spin that has the effect of misleading the public, whether intended or not.
Earlier this week, on Monday, March 10, a member of St. Joseph’s ministry witnessed a distressing scene while distributing supplies to unhoused individuals on Bay Street. “Beatrice” (not her real name), a lifelong Fremont resident who became homeless after being evicted last year and is now wheelchair-bound, has no shelter or vehicle and lives outdoors with her partner. On just one other wheelchair in the parking lot and apparently posted that day to impart notice to Beatrice was a bold-lettered “Notice to Abate Nuisance,” to remove all of her personal belongings by 7 a.m. the next day (see attached image: https://drive.google.com/file/d/1zrc39XCyHOLyg-pi4a7brTk38_El2ckU/view?usp=sharing
The story aired on NBC Bay Area on Monday March 10, 2025 on several of its evening broadcasts. The reporter who spoke to Beatrice stated that the City had never offered her services, yet officials at that moment were still prepared to move forward. The City justified Beatrice’s imminent forced removal less than 24 hours later by citing existing municipal code sections that predate the camping ban.
Initially the City didn’t comment because of the pending lawsuit to the camping ban which is a separate ordinance. REPEAL the Camping Ordinance. Then in a later airing, the City modified its statement to claim that it had given prior notice, but did not establish whether Beatrice had any knowledge prior to March 10, 2025. While the City took 4 days after the story aired to issue a statement about the incident on its website and distributed to social media, the City never took issue with the NBC Bay Area report itself or any of the facts stated by the church volunteer of what he personally observed.
The City instead focused on a picture of the citation which it admits it attached to a wheelchair in the Bay Street parking lot but contends was unattended. The City offers no explanation whether they ever had a sign language interpreter ask Beatrice to offer much less ensure that they communicated with her services which Beatrice denies ever being offered by the City.
This raises a crucial question: If Beatrice, who is not a criminal, was not in a park, and is physically immobilized, can already remove all of her personal belongings, and any wheelchair, as a “nuisance,” why does the City need the camping ordinance to criminalize her?
Confiscating all of her belongings, including potentially her wheelchair, isn’t just inhumane; it’s a prison sentence without walls. Similar seizures have happened in other cities, and Fremont is no exception. If the Police Chief already has tools to forcibly remove unhoused people, why push for even harsher measures under the camping ban?
The City claims that criminalization is necessary to “encourage compliance” but will be enforced with “compassion.” Yet Beatrice’s case proves that the City already wields these tools without compassion and with devastating consequences.
The camping ordinance’s law enforcement approach directly contradicts Fremont’s own 2024 Homelessness Response Plan. At the February 11 City Council meeting, the city’s Homeless Services Manager Laurie Flores admitted the ban is “incompatible” with the expert-driven recommendations Fremont adopted less than a year ago. If enforcement was never part of the plan, why is the City doubling down on criminalization instead of investing in real solutions?
And worse still diverting the funding for a minimum of $1 million per year to implement the camping ban that had been earmarked for investing in real solutions. REPEAL the Camping Ordinance, the City of Fremont, has no political will to help others, except for themselves.
The City must work with the community to address homelessness with housing and services, not punishment. This is an opportunity for the Council to engage with all stakeholders in the community including those of us who oppose this ordinance, especially respected nonprofit service providers and advocacy groups who offer real solutions to provide shelter, permanent housing and supportive services.
Please go beyond repealing the aiding and abetting provision of the camping ban which doesn’t repeal anything at all. REPEAL the Camping Ordinance and begin anew recommitting to the goals the City Council adopted less than a year ago in Fremont’s Homelessness Response Plan.
Give your support by adding your name to the Community Petition the City of Fremont click this link to sign your name.
Other posts about living unhoused, , recently moved to Advocacy can be followed here.
Kind regards,
Mari-Lyn