Fremont to vote on controversial homeless ban that also prohibits ‘aiding’ or ‘abetting’ camps
On Tuesday, Fremont city councilmembers will vote on an ordinance that will make it illegal for encampments to be on most public property.
Tuesday, February 11, 2025 1:38AM
FREMONT, Calif. (KGO) — A controversial plan to ban homeless camps is being considered in Fremont.
For years, Rigoberto Robles lived at this encampment by the BART tracks off Washington Boulevard.
On Monday, he went to visit with his dog.
“Just come out here to check on my friends, see if they need anything – basically give them some food and what have you,” Robles said.
Robles now lives with his brother in Concord. He was holding his dog Lucille.
“Cause it’s getting cold and I worry about her, yeah she’s my baby,” Robles said.
On Tuesday, Fremont city councilmembers will vote on an ordinance that will make it illegal for encampments to be on most public property including sidewalks and parks.
Violations would mean a $1,000 fine or jail time for six months.
Assemblymember Alex Lee says this proposed plan goes a step too far.
“I can’t say for certain I know all of the municipal codes of every city of how they dictate the language, but I can tell you for a fact that this ordinance, the way that it is written literally criminalizes sleeping outside,” Assemblymember Lee said.
The ordinance also contains a clause that prohibits “aiding” or “abetting” a homeless camp.
Vivian Wan is the CEO of Abode Services, a homeless and housing services agency that works across eight Bay Area counties.
“I’ve been saying you need guardrails. We’re never ever going to support a ban because they don’t work but this is the most encompassing, the strictest ban that we’ve seen in that gives police complete authority,” Wan said.
Last week, the Fremont Police Association released a statement expressing their support.
Saying in part, “It is merely a tool to be used in limited circumstances when unhoused community members refuse to comply with requests and reject assistance.”
Fremont Mayor Raj Salwan said their intent is not to arrest homeless people or nonprofit workers.
“Basically it gives us the enforcement authority,” Salwan said.
Salwan said the “aiding” and “abetting” clause is being misconstrued.
“You want to help them in any way, provide services then by all means we would love to get your help; however if you’re building structures like tree houses or over waterways or in parks, those are not safe,” Salwan said.
On Tuesday, Salwan said city council members will have a second reading of this proposed ordinance and can clarify concerns with the community.
“Our city attorney drafted the ordinance based on other ordinances. So it was based on for example California state with Gavin Newsom, city of Berkeley, Hayward has this ordinance,” Salwan said.
Assemblymember Lee said if arrests are not the intention, the ordinance should state so.
“It brings up the good question like if this is not the intention, if police don’t want to do this, city councilmembers don’t want to do that – why does it need to be given the expressed authority to do so?” Lee said.