Fremont passes controversial homeless ban described by nonprofit CEO as 'most restrictive' in CA

FREMONT, Calif. (KGO) -- A controversial plan to address homelessness in Fremont is moving forward.

After hours of debate and public comment, the City Council voted late Monday night to approve the proposal that bans people from camping on public property.

The homeless camp ban on public property also includes a clause prohibiting "aiding or abetting" homeless encampments, which had some nonprofits worried they could be arrested just for handing out food or water.

This prompted a lengthy line of dozens of people just waiting to get inside of the Fremont City Council meeting Tuesday night to give public comment.

"Like many others, I have felt unsafe and experienced dangerous situations while going to my grocery store and local ATM," one woman said during public comment.

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"This is not a solution. We have no solution with this. All we're doing is moving them around, moving them from place to place," resident Thaddeus Sprinkles-DeBacker said.

After five hours of public comment, questions and deliberations, the council voted six to one to make it illegal to camp anywhere on public property.

The pushback to this ban came from nonprofits like Abode Services, a homeless and housing services agency working across eight Bay Area counties.

"Now here in Fremont, we have the most restrictive camping ban in the state," Abode Services CEO Vivian Wan said.

Wan is concerned because the ordinance still includes a clause prohibiting anyone from "aiding or abetting" a homeless encampment.

MORE: SF makes yet another attempt to solve chronic homelessness. Will it work this time?

"Honestly, sometimes we do hand out tents when it's raining and again, health and safety, there's no shelter beds, there's not anywhere else to go," Wan said.

She says there are 111 shelter beds in Fremont year-round but as of the last count, about 800 people are living outside.

"We'll be working over the next several weeks with our attorneys and the city attorney to make sure that what we do every day with the people we serve continues to be considered lawful," she said.

"The first time, first reading, I voted no, and did a lot of research met with a lot of people, visited a lot of places," Kathy Kimberlin, a Fremont City Councilmember said.

Councilmember Kimberlin had a change of heart after her first "no" vote back in December.

She says she changed her mind after the City Attorney clarified the "aid and abet" clause.

The Fremont City Attorney said that the ordinance does not give the city authority to arrest anyone providing supplies to the homeless unless what they give out is a material shelter to aid in their camping on public property.''

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"It says that you can't camp on public property and that you cannot store your property on public property so those are the violating acts," Fremont City Attorney Rafael Alvarado Jr. said during the meeting.

"Oh so if you're aiding and abetting? Ok now I get it," Kimberlin said.

"Correct, so if you aid and abet those acts, then you could be subject to penalty under this ordinance," Alvarado Jr. said.

Kimberlin described that moment as an epiphany for her, which helped change her mind.

"Tents will be ok, sleeping bags will be ok, things that sustain people's lives are fine," she said. "What's not fine is building tree houses near waterways, building structures out of cardboard and plywood that could be a fire hazard."

The Fremont Police Association put out a statement Wednesday morning praising Fremont City Councilmembers for passing this, saying in part: "The Fremont Police Association remains dedicated to working with our city leaders, first responders, and community members to ensure this ordinance is implemented fairly and effectively while continuing our outreach to those in need."

Councilmember Kimberlin claims there will not be homeless sweeps as a result of this ordinance.

Though, any violations of this ordinance could result in six months in jail, up to a $1,000 fine, or both.

This will take effect in 30 days.