California city criminalizes ‘aiding’ and ‘abetting’ homeless camps

A California city voted to criminalize “aiding” and “abetting” homeless camps Tuesday – an unusual move that advocates say could stifle aid to help for people who need it.

A California city voted to criminalize “aiding” and “abetting” homeless camps Tuesday — an unusual move that advocates say could stifle help for people who need it. In addition to making it illegal to camp on public property, the policy that the Fremont City Council voted 6-1 to adopt also makes it a misdemeanor for residents to aid or abet encampments in a city with about 600 unhoused people. Those who violate the policy, which takes effect in 30 days, could be subject to penalties of up to $1,000 and up to six months in jail. What’s unclear, however, is exactly what falls under the “aiding” and “abetting” umbrella, with experts saying it could criminalize any humanitarian aid to unhoused people —including by service providers, churches distributing food and street medicine teams. “The language is broad and vague,” said Andrea Henson, executive director and legal counsel at Berkeley non-profit Where Do We Go. “It can apply to handing out sleeping bags or to social workers. It can also apply to all non-profits, legal organizations or churches that help the homeless with their survival on the streets. A person who lets a friend camp on their own private property can be cited or arrested.” Outreach workers may have to make a choice between potentially keeping someone alive on a cold night by providing them with a tent, or staying out of legal trouble themselves, said Vivian Wan, CEO of Abode Services, a Fremont organization that assists unhoused people. Fremont Mayor Raj Salwan said the ordinance in the fourth most populous city in the Bay Area is a “common sense” protection for neighborhoods, and that encampments are a barrier to homeless people getting the help they need.