Advocates sue California city over ‘unconscionable’ camping ban

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Advocates are suing a Bay Area city over a camping ban in public spaces that — until Wednesday — would have made “aiding” or “abetting” homeless encampments a crime.

The California Homeless Union is taking legal action against the city of Fremont on behalf of faith communities and homeless residents after city leaders last month approved new rules that tightened a local camping ban.

The complaint says the city’s “unconscionable” policy means homeless people living in encampments “face immediate criminal persecution under the ordinance because they are involuntarily homeless.”

The groups are seeking an injunction halting its implementation, as well as a judgment finding it unconstitutional.

The policy approved in February said anyone “permitting, aiding, abetting or concealing” the ban could face a misdemeanor, though The Mercury News on Wednesday reported city leaders struck the “aiding and abetting” portion of the policy after it drew significant backlash.

A spokesperson for the city could not be immediately reached for comment about the lawsuit.

Fremont is one of many California cities that has implemented or strengthened camping restrictions after a Supreme Court ruling last year gave cities broader powers to enforce such rules. State leaders — including Democratic Gov. Gavin Newsom — have faced political backlash over a growing number of tent encampments since the pandemic.

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