In summary
Fremont reverses course, jettisoning a move that legal experts said could have been used to punished people for “aiding and abetting” homeless encampments.
Fremont’s city council has revised a new city camping ordinance, removing what had become a controversial clause — first reported on by CalMatters — that could have punished those “aiding and abetting” encampments.
“We’ve listened to and empathized with a multitude of community members,” said Councilmember Kathy Kimberlin at Tuesday’s meeting, where the council voted 6-1 to jettison the clause. “Clarifying this ordinance is especially important for us. For decades, I think all of us… have worked with and supported the critical work of our non profits and our faith-based organizations, who often work with government and often do what government cannot do.”
The ordinance makes it illegal to camp on streets, sidewalks, parks, and other public property, part of a statewide shift in homelessness policy following a 2024 U.S. Supreme Court case. What separated it from other efforts was explicit language that would make anyone “causing, permitting, aiding, abetting or concealing” an illegal encampment guilty of a misdemeanor. Local homeless advocates feared this could be enforced against workers and volunteers providing aid to unhoused people in Fremont.
City officials said at multiple meetings, including Tuesday night, that the ordinance would not target advocates providing food and water, for example. But legal experts told CalMatters that because the text of the ordinance didn’t specify what constituted aiding and abetting, it could allow for that enforcement in the future.
Fremont officials also told CalMatters that this legal language is not new and is included in many municipal codes in California. Legal experts said the decision to include such a clause in a camping ordinance like this was unusual.
