FRESNO (KMJ) — A proposed change to Fresno Municipal Code, to make camping within city limits against the law, passed its second reading Thursday.
Fresno City Council approved the motion 6 votes to 1 during the Thursday morning meeting, with Councilmember Esmeralda Soria the one vote against the motion.
The ordinance is expected to take effect in 30 days. However, it could face a legal challenge.
“Whatever fix that we come up with still won’t be perfect,” stated Councilmember Oliver Baines. “We’re still going to have a homeless problem but hopefully we can move the needle and we as a city can continue to support our very important service providers.”
The author of the “Unhealthy and Hazardous Camping Act,” District 2’s Steve Brandau, says it is not designed to jail those who break the new law, but instead give them the opportunity to go to a rescue mission instead (click here to read more).
“Since last week, when we had the big discussion and the vote, I’ve been contacted by a lot of people and there’s a group of people that have said simply this: ‘Councilman I disagree with your approach but thank you for getting a conversation because we do need to have a conversation’.”
Its passage comes amid warnings that the ordinance itself could be unconstitutional.
“The United States Supreme Court has explained that it is unconstitutional to criminalize status such as homelessness,” explained staff attorney with ACLU Northern California Abre Conner.
“This was a Supreme Court case from back in the 1960s. Also, in the Ninth Circuit here, Jones v. City of Los Angeles held that unless a city has sufficient housing for all of its residents it may not prohibit homeless persons from sleeping on public property.”
Conner warned that the ordinance could violate the Eighth Amendment and the Fourteenth Amendment.
“We have asked the city to hold back and not push forward with this camping ordinance. Right now we know that the city cannot answer those questions, the city has not answered those questions.”
Hear the report from KMJ’s Dominic McAndrew as it aired:
