It soon will be illegal to enter a homeless camp cleanup in Fresno. So ACLU is suing
Civil rights advocates have filed a federal lawsuit against the city of Fresno, which last month added an amendment to criminalize any person who enters a buffer zone around the cleanup of a homeless encampment without permission.
That $250 fine and potential misdemeanor targets homeless advocates and news reporters who might approach the cleanup in an attempt to watch how the homeless residents are treated, according to the American Civil Liberties Union Foundation of Northern California.
The ordinance is “outrageously broad,” according to Chessie Thacher, a senior staff attorney for the Democracy & Civic Engagement program at the ACLU of Northern California.
“It’s a direct assault not just on our plaintiffs’ constitutional rights, but on everyone’s rights,” she said in a news release.
The new ordinance was first approved on Jan. 27 and authored by Fresno City Councilmembers Luis Chavez and Miguel Arias.
City leaders have said the abatement ordinance is a way to document the city’s administrative procedures for abatement cleanups. Taping off an area being cleaned up is routine, and the ordinance simply puts it in writing, they have said.
Officials declined to comment on Thursday, noting the ongoing litigation, according to Sontaya Rose, the city’s spokesperson.
Homeless advocates say their presence is essential to help people living on the street during an abatement cleanup. Plus, advocates say they have better relationships and trust with the homeless community than the city’s employees.
Homeless people could be in harm’s way without advocates looking out for them, according to Anthony D. Prince, the general counsel for the California Homeless Union.
“Instead of addressing the housing crisis, Fresno is targeting individuals and organizations who are on the ground working with the unhoused,” he said in a news release.
City leaders estimate Fresno’s homeless population is about 4,200, while the Fresno-Madera homeless population is about 5,200. This year’s tally is supposed to be finalized this summer.
The lawsuit names its plaintiffs as longtime homeless advocate Dez Martinez, Fresno Homeless Union, Faith in the Valley and advocate Robert McCloskey.
“They don’t want the public to see how they use violence to forcibly remove people from their only home and treat their treasured possessions like garbage,” Martinez said.
The ordinance is set to go into effect on March 31.
This story was originally published March 17, 2022 at 12:19 PM.
