2.-B. ID 25-1571 Actions pertaining to the amendment of various ordinances:
1. BILL - (For Introduction) - Amending Chapter 9 Article 31 Section 9-3104 of the Fresno Municipal Code, relating unlawful possession and abandonment of carts
2. BILL - (For Introduction) - Amending Chapter 9 Article 25 Section 9-2507 of the Fresno Municipal Code relating to exposure of minors to tobacco products
3. BILL - (For Introduction) - Amending Sections 10-2101 of the Fresno Municipal Code relating to the prohibition of camping in public places
4. BILL - (For Introduction) -Adding Chapter 9, Article 37 of the Fresno Municipal Code, Relating to unauthorized possession and use of a City, an Authorized Cart/Bin Collection Agent, or Authorized Roll-Off Collector owned trash containers
5. BILL - (For Introduction) - Adding Chapter 9, Article 38 of the Fresno Municipal Code, Relating to criminal prosecution of wage theft
ACLU NorCal writes regarding constitutional concerns around the City’s agendized proposed changes to Sections 10-2101. The amendments include a prohibition on the (1) “storing” or “placing” “material intended or may be used for shelter or bedding ” and (2) “loiter[ing] and stand[indg]” ”in such a manner as to obstruct or interfere with the free passage of pedestrians.” The changes also purport to empower the City to seek abatement orders.
Due process requires that laws must not be vague, as it prevents compliance and leads to discriminatory enforcement. Desertrain v. City of Los Angeles, 754 F. 3d 1147 (9th Cir. 2014). Anti-loitering laws risk criminalizing innocent behavior or violating individuals’ rights, like the right to travel. See City of Chicago v. Morales (1999) 527 U.S. 41, 53. Nuisance orders must be limited. People v. Padilla-Martel (2022) 78 Cal.App.5th 139 is particularly instructive. “Any injunctive relief in these cases . . . must be tailored to addressing the public nuisance or unlawful business practice the trial court finds defendants have engaged in and should not restrict defendants’ lawful activities unless the City firmly establishes facts showing that the proposed restrictions are necessary to prevent the unlawful conduct at issue.”
“It goes without saying that human beings do not constitute nuisances in themselves,” (Id. at pp. 153-54.) but the City’s amendments risk just that.
People existing in public places should not be illegal. Until our community has a housing first and wrap around approach to taking care of some of our most vulnerable, no person should be punished for living outside of a residence. I oppose this measure wholly. I take no pride in living in Fresno when our leaders punish others for their misfortune.
Why is it that we’re criminalizing people who are trying to survive in this horrendous economy? Instead of wasting money putting these harmless individuals in jail, you should be allocating money to resources that these individuals can benefit from. It starts with trust. Clearly, the council LACKS this kind of trust and humility amongst the community.
This is utterly inhumane. These are human beings with equal rights and dignity, instead of incriminating these people we need to strategize ways to uplift and care for them. Sending struggling individuals to prison/jail does not rid of the underlying issue of homelessness which holds multiple facets.
This is absolutely inhumane and is a disgusting display of power. Criminalizing homelessness does nothing to address the issues that cause these unhoused individuals to be on the streets in the first place. If you do not want people to be on the streets, please redirect your actions to creating affordable housing for all. Where do you expect the homeless people to go when they are shunned by the very people that are meant to serve them? These people are also considered a part of the Fresno community. When we arrest people on the basis for simply trying to survive, we are acknowledging that our city council can simply remove people at will if they deem them unworthy of taking up space. It is embarrassing for you all that I have to reiterate this but having a home causes people to need to find shelter someplace else using tents, tarps, etc. Houses don’t magically spawn, especially not in Fresno where our housing is increasingly becoming more expensive even though Fresno supposedly has funding for SEDA. When homeless shelters are packed and have extensive waitlists, what else do you expect them homeless individuals do? What is the right way to be homeless for you people? These proposals signal to me that being homeless is a crime in it of itself and that our city council only cares about the wealthy. How shameful.
The proposed amendments to the already inhumane enforcement of the ordinance prohibiting camping in public places increases harms to our unhoused residents. Arrests, fines, and destruction of these residents' personal property sets back individuals in the process of obtaining permanent housing. Please reject these proposed amendments and work to protect our unhoused residents of Fresno.
Criminalizing homelessness does nothing but empower law enforcement to harass and arrest our neighbors.This will not prevent people for experiencing homelessness. You cannot arrest your way out of this. Do better.
I'm writing to oppose the amendment to chapter 10 sec 21. The no camping ban was already deeply inhumane and cruel, and to further strengthen it shocks the conscience. Arresting people for simply existing in public is an incredibly evil thing to do, and everyone involved in this should be ashamed of themselves. No one questions that there are challenges associated with the homelessness epidemic but this in no way a solution, and in fact simply makes it worse by breaking up communities and disrupting lives. It is also approaching fascism to establish a law that could in theory be used to arrest any person in this city at any time, and leave it up to discretion as to when it will be applied. Laws should not function this way, either make something illegal and arrest everyone for it, or don't. This is almost certainly going to have unintended consequences, and the complete lack of concern about that shows a failure of imagination and a lack of understanding of the moment we live in. I'm usually a very measured and generous person but I am deeply furious this is even being considered.
ACLU NorCal writes regarding constitutional concerns around the City’s agendized proposed changes to Sections 10-2101. The amendments include a prohibition on the (1) “storing” or “placing” “material intended or may be used for shelter or bedding ” and (2) “loiter[ing] and stand[indg]” ”in such a manner as to obstruct or interfere with the free passage of pedestrians.” The changes also purport to empower the City to seek abatement orders.
Due process requires that laws must not be vague, as it prevents compliance and leads to discriminatory enforcement. Desertrain v. City of Los Angeles, 754 F. 3d 1147 (9th Cir. 2014). Anti-loitering laws risk criminalizing innocent behavior or violating individuals’ rights, like the right to travel. See City of Chicago v. Morales (1999) 527 U.S. 41, 53. Nuisance orders must be limited. People v. Padilla-Martel (2022) 78 Cal.App.5th 139 is particularly instructive. “Any injunctive relief in these cases . . . must be tailored to addressing the public nuisance or unlawful business practice the trial court finds defendants have engaged in and should not restrict defendants’ lawful activities unless the City firmly establishes facts showing that the proposed restrictions are necessary to prevent the unlawful conduct at issue.”
“It goes without saying that human beings do not constitute nuisances in themselves,” (Id. at pp. 153-54.) but the City’s amendments risk just that.
protect our communities.
Wow, the heartlessness is so sad. Can we just take care of people instead of criminalize them?
People existing in public places should not be illegal. Until our community has a housing first and wrap around approach to taking care of some of our most vulnerable, no person should be punished for living outside of a residence. I oppose this measure wholly. I take no pride in living in Fresno when our leaders punish others for their misfortune.
Why is it that we’re criminalizing people who are trying to survive in this horrendous economy? Instead of wasting money putting these harmless individuals in jail, you should be allocating money to resources that these individuals can benefit from. It starts with trust. Clearly, the council LACKS this kind of trust and humility amongst the community.
This is utterly inhumane. These are human beings with equal rights and dignity, instead of incriminating these people we need to strategize ways to uplift and care for them. Sending struggling individuals to prison/jail does not rid of the underlying issue of homelessness which holds multiple facets.
This is absolutely inhumane and is a disgusting display of power. Criminalizing homelessness does nothing to address the issues that cause these unhoused individuals to be on the streets in the first place. If you do not want people to be on the streets, please redirect your actions to creating affordable housing for all. Where do you expect the homeless people to go when they are shunned by the very people that are meant to serve them? These people are also considered a part of the Fresno community. When we arrest people on the basis for simply trying to survive, we are acknowledging that our city council can simply remove people at will if they deem them unworthy of taking up space. It is embarrassing for you all that I have to reiterate this but having a home causes people to need to find shelter someplace else using tents, tarps, etc. Houses don’t magically spawn, especially not in Fresno where our housing is increasingly becoming more expensive even though Fresno supposedly has funding for SEDA. When homeless shelters are packed and have extensive waitlists, what else do you expect them homeless individuals do? What is the right way to be homeless for you people? These proposals signal to me that being homeless is a crime in it of itself and that our city council only cares about the wealthy. How shameful.
The proposed amendments to the already inhumane enforcement of the ordinance prohibiting camping in public places increases harms to our unhoused residents. Arrests, fines, and destruction of these residents' personal property sets back individuals in the process of obtaining permanent housing. Please reject these proposed amendments and work to protect our unhoused residents of Fresno.
Criminalizing homelessness does nothing but empower law enforcement to harass and arrest our neighbors.This will not prevent people for experiencing homelessness. You cannot arrest your way out of this. Do better.
I'm writing to oppose the amendment to chapter 10 sec 21. The no camping ban was already deeply inhumane and cruel, and to further strengthen it shocks the conscience. Arresting people for simply existing in public is an incredibly evil thing to do, and everyone involved in this should be ashamed of themselves. No one questions that there are challenges associated with the homelessness epidemic but this in no way a solution, and in fact simply makes it worse by breaking up communities and disrupting lives. It is also approaching fascism to establish a law that could in theory be used to arrest any person in this city at any time, and leave it up to discretion as to when it will be applied. Laws should not function this way, either make something illegal and arrest everyone for it, or don't. This is almost certainly going to have unintended consequences, and the complete lack of concern about that shows a failure of imagination and a lack of understanding of the moment we live in. I'm usually a very measured and generous person but I am deeply furious this is even being considered.
This is inhumane, we demand real solutions, not just more police and punishment. Criminalizing our most vulnerable communities is NOT right.