Fresno City Council passes ordinance to ban camping on many city sidewalks

The ordinance is set to take effect next month.

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Monday, June 12, 2023
Fresno City Council passes ordinance to ban camping on many city sidewalks
The Fresno City Council has approved a proposed ban on camping on many city sidewalks.

FRESNO, Calif. (KFSN) -- The Fresno City Council has approved a proposed ban on camping on many city sidewalks.

Councilmembers on Thursday voted 5 to 1 in favor of adding articles to the Fresno Municipal Code to prohibit camping and blocking city sidewalks 500 feet away from places such as public areas, schools and even the facilities the city uses to help the unhoused.

The was sponsored by Councilmembers Miguel Arias and Garry Bredefeld who voted in favor. They were joined by Councilmembers Luis Chavez, Nelson Esparza and Mike Karbassi.

Only Council Vice President Annalisa Perea voted against the bill. Council President Tyler Maxwell was absent during the vote.

"This ordinance, while it may read well to people, it doesn't actually do anything," said Perea.

Perea said she is looking for more solutions as this new city ordinance isn't different from what the federal law already has in place.

"This simply just throws salt on open wounds. It has caused a lot of unnecessary trauma within our unhoused community," said Councilwoman Annalisa Perea.

But Councilmember Miguel Arias said federal law is not enforced at the city level, so this is why he introduced the ordinance.

"All you have to do is travel to any shelter in the city of Fresno and you'll see for yourself that a lot of the sidewalk and entrances of these shelters are blocked by encampments," Arias said.

RELATED: Proposed bill would ban blocking Fresno sidewalks, unhoused advocates speak against it

Concerns were raised about legality, how broad the bill is, and where people are expected to go instead.

More than a dozen advocates for the unhoused spoke out when the bill was proposed on May 25. They said the bill would make the unhoused feel like criminals.

"It's no sitting, standing," said Cindy Piombino. "What do they do, just keep moving? Where do they sleep at night? It's just too vague."

Gordie Ochinero-Bermudez used to be homeless but has turned her life around in recent years.

She said she's concerned to hear of this new ordinance.

"It broke my heart just because being a mental health advocate, I do see the amount of mental health struggles and illnesses that are out here," said Ochinero-Bermudez.

Ochinero-Bermudez understands the issue is a big task, but she said city officials need to approach it differently.

"You have to go to the root of the problem which is mental health, addiction, and affordable housing," said Ochinero-Bermudez.

Councilmember Arias said this bill is not meant to criminalize the unhoused, noting that it does not charge them with a misdemeanor or felony.

He said the proposal, "Simply would ensure that sidewalks and entrances within 500 feet of a school, a licensed childcare facility, a park, or a shelter in which a homeless are being served are clear of any encampments and obstructions for those who are entering the facilities or those who are disabled and need access to our ADA sidewalk compliance."

Arias added that schools in his district call and complain that unhoused encampments take up portions of the sidewalk, making it unsafe for kids.

In 2022, Fresno city leaders estimated about 42-hundred people were living on the streets.

ACLU of Northern California's senior counsel William Freeman urged the council to reject the ordinance, saying it further criminalizes homelessness and is "in violation of numerous provisions of the U.S. and California Constitutions" in a letter obtained by the Fresno Bee.

The ordinance is set to take effect next month.