Fremont takes out 'aiding and abetting encampment' part out of city's homeless camp ban

FREMONT, Calif. (KGO) -- The Fremont City Council on Tuesday voted on revising their controversial homeless camp ban, taking out the language that "anyone aiding or abetting" encampments could be arrested. The enforcement is starting effective immediately.

Mari-Lyn Harris lives out of her van in Fremont.

This is her third year being unhoused in the city.

"I just try to stay positive, I'm grateful for what I do have. I do have a roof over my head. I have to remind myself it's not that I'm unhoused, I'm just underhoused," Harris said.

On Tuesday, Harris joined in on a press conference in front of Fremont City Hall.

Advocating that being homeless is not an illegal act.

RELATED: Should 'aiding' or 'abetting' a homeless camp be illegal? For this East Bay city, it may be reality

"We are not criminals, we're citizens - most of us work and yet we just cant afford the rent right now," Harris said.

On Tuesday evening, city council members voted on revising their controversial camping ordinance. They took out language that said "anyone aiding or abetting" encampments could be arrested.

Councilmembers want to clarify that Faith based organizations - volunteers and members of the community can help with food, water and donations, something advocates have been pushing for since the plan was first introduced.

Councilmember Teresa King said the ordinance to give police the tools to address some of the issues encampments are facing.

"Making sure that our organizations or people extending their hands to help the unhoused are not being punished," King said.

"We've repeated so many times that this whole aiding and abetting thing was never meant to you know to refer food water, medical supplies, any of that to people," Councilmember Raymond Liu said.

RELATED: Unhoused advocates sue Fremont over encampment ban

But attorney Anthony Prince with the California Homeless Union said simply taking out the aiding and abetting clause is just a cosmetic change. The city still passed the camping ban into law - you cannot camp on public property. Any violations of this ordinance could result in six months in jail, up to a $1,000 fine, or both.

"The fact of the matter is that it's simply not true, that there is no way a law can be passed that makes it unlawful, makes the performance of a certain act a crime, and then says well if you assist that person in breaking that law - don't worry about it. There's no such thing," Prince said.

Prince along with 35 other groups have filed a lawsuit against the city of Fremont. The goal is to get them to pause enforcement of the ordinance which would start now.

As for Harris, she's not sure how long she'll have to live in her van. She'll continue to speak up for the unhoused community.

"We want housing not handcuffs," Harris said.

Now that city councilmembers have voted on the revision, enforcement of this camping ban starts immediately.