San Jose Lacks Guardrails for Sanctioned Encampments

Irene Smith, JD, PhD
4 min readAug 10, 2024

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Sanctioned Supportive Encampments (SSE) are on the San Jose horizon. And the City has published only four guidelines for encampments subject to departmental resource availability. These four points and lack of firm commitment of resources beg many questions. How many propane tanks are excessive? Will the tanks follow CA fire laws being 10 feet away from combustibles? What are the success metrics for the city’s SSE? Why is there nothing to support surrounding neighborhoods? Will there be no rehab services, no mental health services, or sobriety requierments?

What is obviously lacking is a clear statement from the City that they will enforce all laws equally against all violations wherever they may occur in SJ. And it is clear that the City intends to take a Grants Pass approach (link below) and not work with the neighborhoods subject to the numerous documented problems of nearby SSEs and PSH. This tactic only creates an atmosphere of fear as neighborhoods try to protect their families and homeless advocates cruelly name-call concerned neighbors — “NIMBYs.”

If you ask eight neighborhoods in downtown D3 San Jose they will give you a comprehensive plan for ground rules and guardrails. D3 has the lived experience of co-existing with homeless encampments because the largest portion of unhoused of any district in San Jose — reside in D3. And D3 has the widest variety of housing solutions: permanent supportive housing (PSH), homekey hotels, tiny homes, group homes, women’s shelters, private & public rehab homes, section 8, and non-taxpayer funded rent controlled housing.

No district in San Jose has worked harder at tolerance and inclusion. We can continue these efforts together and provide needed shelter and services using Sprung Structures with the Incremental Ladder of Housing Success while actively supporting neighborhoods that benefit all of San Jose when they accept a SSE.

But we must address the legitimate concerns of neighbors because San Jose’s track record of protecting neighborhoods and encampments from fires, public health hazards such as dysentery, or 2024 murders (stabbing shooting) is sorely lacking. Ask anyone who lives in downtown San Jose.

Before San Jose designates a Sanctioned Supportive Encampment near your neighborhood, demand that these ground rules be implemented to protect all neighborhoods and encampments from the historically poorly implemented housing policies of San Jose.

How will San Jose decide where the SSE are located? And what does that mean for surrounding neighborhoods? The answer depends on who you ask.

If you ask Grants Pass, Oregon, one of their council members will tell you “We don’t need to be told that you don’t want them in your area. We’re trying to fix this as best we can. I don’t want them either.” Grants Pass will designate four SSE locations in the small town (39K population) where people can stay for 24 or 96 hours depending on the site. One location will have 36 acres. And only two of the sites will have security in the form of cameras.

If you ask the San Jose City Manager’s Office they will tell you there are only four ground rules for those living in the SSE locations near neighborhoods. The SJ manager’s memo from 7/31/24 states as follows:

“1. Violation of law regarding violence against others will not be tolerated.

2. Documented storage of belongings, trash, or discharge in the public right of way or waterway can be grounds for enhanced cleanup or abatement.

3. Violence against city employees providing encampment and or maintenance services will subject an encampment to abatement and appropriate police actions.

4. Violation of Good Neighbor Policy (including repeat violations) which will include, as part of this pilot, the additional following items: vandalizing city property, excessive storage of propane tanks, storage of significant amounts of private properties such as multiple bikes or frames, trash, discharges into storm drain or waterways, maintaining fires, cutting down trees, or erecting structures with building materials.

It is important to note that the enforcement of Encampment Code of Conduct is subject to departmental resource availability.”

San Jose’s uninspired four points and lack of resource commitment is not convincing neighborhoods to change their minds and embrace SSE. But a well thought out, resource rich plan could sway neighbors and put us all on a path toward solving street homelessness.

Sprung Structure homeless solution
The Incremental Ladder of Housing Success — recommends starting in the privacy of tents (not bunk beds) under the umbrella of a Sprung Structure with specialized sections for women, families, those with pets, etc.

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