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Fresno's Anti-Camping Ordinance Goes into Effect. City Says It Will Prioritize 'Treatment First'
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By Edward Smith
Published 2 weeks ago on
September 23, 2024

Fresno's anti-camping ordinance goes into effect Monday, but Mayor Jerry Dyer said the priority would be "treatment first." (GV Wire Composite/Paul Marshall)

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As the city of Fresno’s controversial anti-camping ordinance takes effect Monday, elected leaders introduced a program clarifying that the priority would be “treatment first.”

Fresno Mayor Jerry Dyer said in a news conference Monday that the new Treatment First Program would clear up vagueness about how Fresno police would approach the city’s ordinance.

Fresno City Councilmembers Tyler Maxwell, Garry Bredefeld, and Miguel Arias joined Dyer in the conference.

Watch: Press Conference Highlights

The ordinance that took effect Monday allows police to arrest people camping in public spaces. Another ordinance allows police to arrest people trespassing on private property.

But Dyer said the one year in jail and possible $1,000 fine allowable under the ordinance would be limited to the homeless who are habitually a nuisance and who refuse services.

“Our overall intent is to protect our businesses and our residents as well as at the same time getting help to the people who are in need of it, that is our homeless population,” Dyer said.

Habitual, Defiant Homeless Can Be Arrested

The ordinance gives police officers and city workers discretion in dealing with people camping in public. It does not come with additional funding.

A recent U.S. Supreme Court decision changed long-standing policy that in order to arrest a person for public camping a local government had to have a shelter bed available.

Under Fresno’s new Treatment First program, police officers and city outreach workers would tell people who are not habitual offenders and who are cooperative they need to “move along.” People deemed to be defiant or habitual offenders can be arrested and/or fined. Any arrested would then be given the option to accept city services or go to jail.

“There is a subculture of the homeless who want that toxic lifestyle regardless of the help offered to them, who want to continue to use drugs and alcohol,” Bredefeld said.

A police report would be filed and held until a treatment program is completed. If a court-prescribed program isn’t completed, the report can be used against them, Dyer said.

For those who may be a danger to themselves or others, they can be put on a psychiatric hold, also known as a 5150 hold.

Interim Police Chief Mindy Casto said officers had been receiving training to work with homeless ahead of the ordinance taking effect.

A San Francisco Chronicle story Monday called Fresno’s anti-camping ordinance one of the most aggressive in the state.

Dyer said while the ordinance can “oftentimes be viewed controversial,” the city has spent almost $500 million on homeless services in the past few years.

“We have collectively housed 7,100 people in emergency shelter within the city of Fresno. of those, 49% have safely exited a life of homelessness and have either moved into permanent housing or been reunited with their family,” Dyer said.

Ordinance May Clear Up Housing Backlog

The issue, Dyer said, was the 30% of people who refuse services. Dyer estimated the city has about 850 emergency shelter beds. Those beds are often full, with five or six people rotating out daily. But he said beds would open up with a new city ordinance requiring those utilizing emergency beds to accept permanent housing if it becomes available.

“There are folks in our shelters today refusing to take advantage of those facilities or permanent housing because they’re holding out for something better,” Dyer said.

While counties have typically been in charge of handling social services, Dyer said in recent years, cities have received funding to provide services. But he said that funding would not last forever.

Fresno County issued its own anti-camping ordinance in July. Sonja Dosti, communications director with Fresno County, said the city has not reached out about collaborating to provide services.

“This important work does require collaboration so we hope that is their intent,” Dosti said.

Community Alliance Reporter Denied Entry to Event

The city of Fresno limited its announcement to invited members of the press. Homeless advocate Dez Martinez was not allowed to participate and had to wait outside. City staff also initially did not allow Community Alliance reporter Bob McCloskey to attend the event.

It wasn’t until Fresno City Attorney Andrew Janz got involved that McCloskey was allowed to enter. According to McCloskey, he was told by the city administration he was not on the list of an accredited news agency. McCloskey was pushed out of the door before the event began.

“Fresno Community Alliance has an obligation and a right to be here. We report on this issue consistently, we’re not going to be banned,” McCloskey said.

McCloskey covers homeless issues for Community Alliance.

While vocal advocates of homeless issues, both Martinez and McCloskey have been warned about aggressive conduct at city events. After speaking with staff, Janz said they initially thought he was there as an advocate and did not know he was there as a reporter.

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Edward Smith,
Multimedia Journalist
Edward Smith began reporting for GV Wire in May 2023. His reporting career began at Fresno City College, graduating with an associate degree in journalism. After leaving school he spent the next six years with The Business Journal, doing research for the publication as well as covering the restaurant industry. Soon after, he took on real estate and agriculture beats, winning multiple awards at the local, state and national level. You can contact Edward at 559-440-8372 or at Edward.Smith@gvwire.com.

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