By Jayden Park
The northern city of Fremont voted on February 11th to criminalize “aiding” or “abetting” homeless camps. Anyone who violated “aiding, abetting or concealing” a homeless encampment would face a $1,000 fine or six months in jail. It is unlikely that this ordinance is directly connected to the Grants v. Pass decision in June (which resulted in the ban of encampments), as the primary justification was to “address public safety issues” because “[homeless individuals] can unnecessarily place firefighters and police officers in harms.” The ordinance has also created a “chilling effect,” as residents are deterred from aiding homeless individuals for fear of legal repercussions. However, the vagueness of the term “aid” has sparked debate–does it mean to provide them food and water, give them clothes and other necessary supplies, or all of the above?
Regardless of the true intention or goal of the Fremont ordinance, it was met with quick opposition. Tuesday evening, hundreds of people showed up at the city council chambers, holding signs that read “Don’t criminalize aid workers” and “Poverty is not a crime.” The latter statement gained a profound meaning when Kimberly Wise, unhoused in Fremont, stated that there were not enough services to help people before the ordinance. The ordinance would limit one of the only means of survival for homeless people—obtaining help from others. Opponents were particularly alarmed by Fremont’s efforts to criminalize unhoused individuals rather than to build shelters. In response to the controversy, three council members, along with the mayor, expressed interest in removing the aiding and abetting clause of altering the language of the bill, but could not because it was too late. However, when City Attorney Rafael Alvarado verbally clarified that the aiding and abetting clause would only target people who helped homeless individuals set up illegal camps, most of the council members agreed to pass the ordinance.
The success of the ordinance has generated new questions. California has not seen a camping ban that explicitly criminalizes aiding and abetting an encampment, nor has Fremont passed such an ordinance before or used general municipal code. However, it may be used as persuasive authority for other cases regarding homelessness, influencing future legislation or court decisions.
References:
Anguiano, D. (2025, February 12). “Poverty is not a crime”: Outrage after California city passes law targeting homeless encampments. The Guardian. https://www.theguardian.com/us-news/2025/feb/12/fremont-california-unhoused-law
Faheid, D. (2025, February 17). California city criminalizes “aiding” and “abetting” homeless camps. KCRA. https://www.kcra.com/article/california-fremont-homeless-camps-ordinance/63821076
Kendall, M. (2025, February 13). California city makes “aiding” or “abetting” a homeless camp illegal. CalMatters. https://calmatters.org/housing/homelessness/2025/02/fremont-camping-ban-ordinance-folo/