Fremont council walks again controversial ‘aiding and abetting’ clause in current tenting ban

FREMONT — The Fremont Metropolis Council on Tuesday walked again a controversial provision in its new citywide tenting ban, which many had been involved might criminalize residents for “aiding and abetting” homeless encampments.

The clause faraway from the ordinance mentioned anybody caught serving to to construct or assemble homeless encampments might face a high quality of as much as $1,000 and 6 months in jail. In a 6-1 vote, the council eradicated that and one other clause which prohibited residential householders from permitting tenting on their land for greater than three days.

A number of homeless service suppliers and advocates have protested the tenting ban, which is among the strictest within the state, because it was permitted on Feb. 11.

Fremont additionally handed a ban on RV parking in residential and industrial areas all through the town in November, limiting parking on metropolis streets to only 72 hours.

“I think it’s great that we’re doing this for people who help them, in terms of the criminalization piece,” Vice Mayor Desrie Campbell mentioned at Tuesday’s assembly. “But how does it support the actual persons who are living in the encampments or who are unsheltered or who are maybe living in their vans and cars?

Campbell asked the council to consider lowering the penalties of the camping ban to simply an infraction, or a citation potentially carrying a smaller fine of $100, instead of a misdemeanor with jail time. But the rest of the council, except for Councilwoman Kathy Kimberlin, would not budge.

“Is our paper citation soft enough so they can use it as toilet paper?” Councilman Yang Shao requested Fremont Police Chief Sean Washington. He then withdrew his query.

Washington, addressing the council, mentioned limiting enforcement to only an infraction “would have some limitations on our ability to follow up with mitigating the impact of that particular situation.”

“When we don’t get the cooperation, and we’ve assessed that there’s some sort of public safety issue, that’s when we will start to run out of options,” Washington mentioned.

Campbell’s request was denied.

Councilman Raymond Liu, who was elected in November, mentioned critics of the ban have been spreading an “absurd amount of misinformation, deliberate lies and outright untruths that are surrounding this ordinance.” In an earlier interview, Liu mentioned that he didn’t imagine it was truly potential for a metropolis to ban homeless tenting.

“Like it’s been said multiple times, the city does not and will not criminalize passing out food, water, medical supplies to people in need,” Liu mentioned at Tuesday’s assembly. “The very idea that we’ll be criminalizing our very own outreach efforts, be criminalizing our very own employees is just an absurdity. And it doesn’t really stack up with the reality, nor is it accurate at all.”

On Tuesday, a number of unhoused residents and advocacy organizations, together with the Fremont Homeless Union, the Mission Peak Unitarian Universalist Congregation and the Marin County Homeless Union have filed a federal lawsuit in opposition to the town difficult the ban.

There have been 612 unsheltered individuals dwelling in Fremont final yr, with 62% liv ing in a automobile or RV and 20% dwelling in a tent or makeshift shelter, in accordance with the Alameda County 2024 Level In Time Rely, a homeless knowledge census.

“We acted with urgency because a misperception remained that the ordinance would penalize our service providers, even though that was not the case,” Salwan mentioned. He added that the town’s ban is “not unique and legally defensible,” and that it “aligns with state policies.”

Vivian Wan, CEO of Abode Providers, Fremont’s important homeless service supplier, accused metropolis leaders of “gaslighting” the general public.

“This idea that they needed to change it because we were confused was patronizing and just infuriating,” Wan mentioned in an interview. “You have the power, you have the weapons, you’re not the victim here. You’re using people with guns to enforce it. This ordinance is really weaponizing the police. It’s literally putting people in jail for living outside.”

The tenting ban is anticipated to enter impact March 13.

“It’s clear to me that the city of Fremont isn’t interested in solving a problem, they’re interested in using enforcement as a way to rid their city of homelessness,” Wan mentioned. “But there’s nowhere for people to go.”

Initially Revealed: March 5, 2025 at 4:09 PM PST