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Republican plan would outlaw homeless camps near California schools or parks

Cesar Chavez Plaza on Wednesday, June 1, 2022.
Andrew Nixon
/
CapRadio
Cesar Chavez Plaza on Wednesday, June 1, 2022.

Sacramento, Elk Grove and Los Angeles passed similar encampment bans last year, despite opposition from advocates who say they harm unhoused residents by separating them from resources.

Republican lawmakers have introduced two bills to ban homeless encampments near schools, day care centers, parks and libraries across California, citing safety concerns as the state鈥檚 unhoused crisis pushes deeper into residential neighborhoods.

Newly elected Assembly member Josh Hoover, a Republican from the Sacramento suburb of Folsom, introduced this week. It would prohibit people from sitting, lying down, sleeping or storing belongings within 500 feet of the public facilities.

Last month, Republican state Senator Brian Jones of San Diego County proposed , which would ban those activities 1,000 feet from the same structures. Both bills include punishments, varying from a $25 fine to a misdemeanor charge. Neither requires the offer of available shelter space, though SB 31 calls for providing unhoused people with information about homeless shelters and mental health services.

In an interview with CapRadio, Hoover says his bill doesn鈥檛 attempt to solve the emergency of people living on the streets. He says that will take a combination of housing, mental health and substance use services. But it does focus on restoring safety in public places, the lawmaker added.

鈥淭hat is something that my constituents, especially the families with young children, are really concerned about,鈥 said Hoover, whose 7th Assembly District includes the suburbs of Rancho Cordova, Fair Oaks, Folsom and Citrus Heights. 鈥淚t鈥檚 about the public safety of their children. This is not an anti-homelessness bill.鈥

The cities of , and passed similar encampment bans near community facilities last year. That was despite opposition from advocates and public health professionals, who say the measures harm unhoused residents by separating them from the resource networks they rely on.

鈥淭hat really hampers our ability to provide ongoing services, mental health services, health care services,鈥 said Flojuan Cofer, director of policy at the Davis-based Public Health Advocates.

Opponents, including the Sacramento Regional Coalition to End Homelessness, say such measures push the problem of encampments from one neighborhood to another without offering long-term solutions.

One longtime political observer says the GOP bills were introduced to make a point, but doesn鈥檛 think they鈥檒l go far.

鈥淭hey鈥檙e designed to highlight the problem with Democratic policies,鈥 said Mike Madrid, a Sacramento-based political strategist who has worked with Republican candidates, noting the homelessness crisis has worsened under the state鈥檚 Democratic leadership.

鈥淭here鈥檚 no way the Democrats are going to allow them to succeed. They probably won鈥檛 get past their first committee hearing,鈥 Madrid added.

Republican proposals point to Sacramento鈥檚 citywide ban

In the announcing his bill, Hoover referenced the city of Sacramento鈥檚 encampment ban approved last fall. The city ban took place amid a wave of bipartisan enforcement measures proposed and passed in the region before last year鈥檚 election.

This past fall, then-Sacramento City Council member Angelique Ashby led the city鈥檚 effort to outlaw homeless camps within 500 feet of schools and childcare centers. with support from some parents and opposition of area homeless advocates.

The vote added schools and childcare centers to a list of facilities on the city鈥檚 infrastructure ordinance, which was last updated in 2021. Camping was already banned near the structures on the list, which includes hospitals, colleges and levees.

Cofer, the public health advocate, said the approval was part of a troubling pattern.

鈥淭he trend is defining everything as critical infrastructure,鈥 she said.

When then-Council member Ashby proposed the citywide ban, she was a Democratic candidate for state Senate. She was elected to the higher office . Despite the similarity between the city and state measures, now-Senator Ashby declined this week to say whether she will support the GOP-led proposals.

鈥淪he won鈥檛 be offering a comment at this time,鈥 Michelle Sherwood, her spokesperson, said in an email on Wednesday.

The Sacramento council vote last year followed that a man who appeared to be homeless had harassed children on their way to Sutter Middle School in East Sacramento.

It also followed the August decision by the Sacramento County Board of Supervisors to to outlaw homeless encampments along the American River Parkway, near schools, libraries and other areas the board deemed 鈥渃ritical infrastructure.鈥

Link between crime, encampments not always clear

Last spring, three Democratic state lawmakers, including Assembly member Ken Cooley, whom Hoover defeated in the November election, .

The lawmakers cited the death of 20-year-old Emma Roark as one reason for the bill. Roark was killed in a campsite after she walked to the parkway to take photos in late January 2022. A homeless man who had been living along the river .

Though concerns over safety have motivated encampment bans, experts who study crime and homelessness say the link between the two is not necessarily clear.

"It's very difficult to say that the encampments themselves are what's creating the crime," , a sociologist at the University of Miami who studies policing and homelessness, . He pointed out that camps often go up in marginal parts of town, or near crime-prone locations such as pawn shops or liquor stores.

"What that means is that the area around those encampments is already criminogenic 鈥 it has the ingredients, if you will," Piquero said.

No citations issued under Sacramento encampment ban

When she proposed the city measure last fall, Ashby said she hoped it would lead unhoused residents to voluntarily move away from schools and day care centers. She did not expect it would lead to fines or jail time, she said.

That appears to be correct so far, as 鈥渘o citations have been issued to date,鈥 city spokesperson Tim Swanson wrote in an email.

Since the law went into effect last year, Swanson says the city has received 65 鈥渞equests for service鈥 related to encampments within the 500 foot buffer zone of schools, day care and child care centers. Of those requests, 34 have been 鈥渃losed, with voluntary compliance achieved,鈥 he said.

In 29 other cases, the city鈥檚 Department of Community Response is in the process of reaching out to people living in the camps, conducting 鈥渆ducation and outreach鈥 and asking them to move. Swanson said two cases are 鈥減ending referral鈥 to the police department, meaning residents at those camps have not moved voluntarily after a second visit by city staff.

While the city has not handed out any citations, it has the authority to issue fines ranging from $250 to $25,000 for each day the violation continues, .

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