What can SJ learn from San Diego’s no-camping ban?

Homeless advocates often misread and misinterpret the Martin v Boisie legal decision as suggesting that cities can’t get rid of dangerous and unsanitary homeless encampments until some magical number of beds are available. The City of San Diego is leading the way in California with their no-camping ordinance. Irene Smith, president and co-founder of Independent Leadership Group, summarizes and explains SD’s ordinance and its relevance to Santa Clara County in this Opp Now exclusive.

The SD no-camping ordinance is designed to protect all people and environmentally sensitive areas.

It is unlawful to camp or maintain encampment upon any public property in SD. Enforcement will be a misdemeanor citation and will not be given if there are no appropriate shelter beds available.

However, it is unlawful to camp regardless of available shelter beds if:

1. there is unreasonable risk of harm to persons.
2. there is unreasonable risk of harm to public health.
3. there is disruption to vital government services.
4. located within two blocks of a school.
5. located within two blocks of a shelter.
6. located on open space, waterway, or waterway banks.
7. located within transit hubs.
8. located at any park with substantial risk to health or safety.

Abatements of encampments will involve property removal:

• Removal of property must occur within 24 hours of notice of abatement.
• Personal items may be stored but must be storable from a weight and size.

Here are the three big takeaways for cities in Santa Clara County:

1. If the safety or health of people is at risk, no-camping can be enforced.
2. No-camping zones can be designated, such as near schools and environmentally sensitive areas.
3. Jail is not the place for the street-unhoused, but neither is the sidewalk.

Read more of Smith’s analysis on Martin v Boisie here.

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Image by Ed Yourdon

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