Fresno’s new homeless encampment policy facing heavy criticism in federal lawsuit
A group of First Amendment organizations on Tuesday joined the American Civil Liberties Union in asking a judge to halt a Fresno ordinance that restricts advocates and reporters from homeless cleanups.
The new ordinance amendment went into effect March 31, and the First Amendment group and ACLU asked the judge for an injunction.
The ACLU also is suing the city in hopes of voiding the new rule altogether. The ACLU represents the advocacy group Faith in the Valley, homeless advocate Dez Martinez, and Robert McCloskey, who has done reporting for the independent newspaper Community Alliance.
The group that filed an amicus brief in federal court on Tuesday includes the First Amendment Coalition, California News Publishers Association, Californians Aware, National Press Photographers Association, Northern California Chapter of the Society of Professional Journalists, and Reporters Committee for Freedom of the Press.
The group argues in the brief that the city’s new rule “strips the press of their ability to document encampment sweeps on the public’s behalf, further silencing the already marginalized unhoused community.”
The brief noted that the plaintiffs, referring to Martinez and McCloskey, often attend encampment sweeps and take photos or record. The brief mentioned photos and footage of Fresno encampment sweeps that later were used in legal fights.
“The ordinance will prevent the press and public from capturing similar photos in the future, preventing the public from witnessing and discussing the truth about encampment sweeps,” the brief says.
The brief argues that the new rule also could impede the public’s right to record, citing the cellphone video footage in the police killing of George Floyd.
“The public has a right to observe and record and document their government in public, Monica Price, an attorney and legal fellow with the First Amendment Coalition, told The Bee. “With cellphones and technology, I think that’s going to be another important source of information and news for everyone.”
Fresno City Councilmember Miguel Arias, who co-authored the ordinance amendment, said the ordinance was meant to keep people safe. So far, he hasn’t seen it in practice restrict advocates’ or journalists’ access to encampments.
“I can tell you that the intention of the council when it adopted it was to ensure city staff could create a protective area when the heavy equipment moves in to pick up the ton of material that is left behind by these encampments,” he said. “At no time did the council discuss the ordinance as a strategy to keep people from observing, recording, and engaging with the homeless.”
Fresno City Councilmember Luis Chavez said city officials welcome advocates and journalists to see the work the city is doing to house they homeless, but they don’t want anyone to get hurt.
“We need space to operate heavy equipment, landscaping tools and equipment to dispose of often times hazardous material (human waste and hypodermic needles),” he said. “The city is committed to treating our homeless population with dignity and respect. We invite anyone to see and help with the crisis we face in dealing with homelessness. All we ask is that it’s done in a safe and healthy manner. The goal is the same for the advocates and the city: provide shelter and services to the indigent community, in a humane manner.”
Homeless advocates objected to the ordinance amendment from the start.
“The city simply wants no witnesses, media, or supporters when they abuse the homeless and violate their rights,” said Dez Martinez, homeless advocate, during public comment at the Jan. 27 city council meeting.
Advocates said their presence is essential to help the unhoused during an abatement clean up, especially for the elderly or people with physical disabilities who might need more time and help to move their things. Plus, advocates say they have better relationships and trust with the homeless than the city’s official outreach team.
Editor’s note: The Fresno Bee is a member of the California News Publishers Association, a party to the amicus brief.
This story was originally published April 13, 2022 at 5:00 AM.