Racism and Class War in Fresno

At a Sept. 23 press conference, City of Fresno officials announced that the City would be aggressively enforcing its harsh new anti-camping ordinance, which calls for arresting unhoused people throughout the City resulting in fines of $1,000 and sentences of up to one year in the Fresno County Jail. 

There had been 139 arrests as of Oct. 18 according to county jail arrest and booking records. On average, the Fresno Police Department (FPD) was arresting 10–15 people a day. Since Oct. 18, arrests have tapered off significantly. The FPD has switched to issuing citations for ordinance violations.

As the booking records indicate the name, age, sex and race of the arrested person, it is clear that Hispanic and Black people are a significant majority of those arrested for the “no sit, no lie, no sleep, no camp” ordinance.

It appears that FPD officers, who make the call on who to arrest, are racially profiling individuals and stereotyping unhoused people. This reporter has submitted a public information request for the policies, procedures and police officer training relative to the new ordinance. To date, the City has not responded.

Initially, the City claimed that it would offer those subject to arrest “services” and would only arrest those that refused services. The “service” people need is housing. Some people also need mental health and drug rehabilitation services.

To be clear, there is no housing available and there are few openings in drug treatment and mental health programs. Although there are about 840 shelter beds in Fresno, shelters have been at 100% capacity since being established and remain full every day.

Apparently, the procedure to “offer services in lieu of arrest” only lasted a few days and now people are simply being arrested, booked and released after several hours unless they have outstanding warrants.

The City claims that it is storing the property of those arrested but has not done so since the first “no sit, no sleep, no lie” ordinance was implemented last July. Even if the property is stored, it is so difficult for people to retrieve it that many never do so.

Some of the arrests included the charge of “removal of recyclable property,” and one unhoused individual reported that he was arrested while waiting in line to cash in recyclables. Other arrests have included the additional charge of “possession of a shopping cart” or “possession of drug paraphernalia.” Notably, Paraphernalia Law HSC11364(c) decriminalizes the possession of drug paraphernalia as a public safety measure intended to prevent the transmission of communicable disease. Some of those arrested also have outstanding warrants.

The Sept. 23 press conference was “an invitation only” event at Fresno City Hall on the enforcement of the City’s revised no-camping ordinance. Representing the City were Mayor Jerry Dyer, City Council Members Miguel Arias, Tyler Maxwell and Garry Bredefeld, and the acting chief of police, Mindy Casto.

All of the major Fresno area media outlets began arriving and were immediately ushered into the press room. When this reporter attempted to enter, Sontaya Rose, director of communications for the City, barred my entry and had me ushered out by security. Before leaving, this reporter informed Rose that the Community Alliance is an accredited news organization and could not be excluded from the press conference.

While waiting in the hallway, the Fresno City attorney walked by and upon hearing of the ban assured this reporter that he would “take care of it” and proceeded to escort me to the media room.

Asked how the City was going to pay for the increased policing costs, given that the City is in deficit spending, Arias responded that the City increased the police budget this year so that is not a problem.

Regarding possible rent control measures, Dyer responded that “states and cities that have incorporated rent control have not been successful” adding that creating affordable housing is “more effective than rent control.” Arias responded that he is willing to consider rent control.

When pressed about the harsh penalties and the further criminalization of unhoused people, the mayor and the three Council members all stated that their intent is to help people. “We want to help people,” said Dyer, “but in order to help people, sometimes there has to be some tough love.”

Then, taking a darker tone, Dyer added that “the ordinance gives us the ability to actually physically take custody of a person if they choose not to accept services or shelter.”

He went on to say that the police would target “repeat offenders” but evaded the question when asked to define “repeat offenders.”

The mayor and the Council members repeated the false narrative that people are refusing to accept services. Since implementation, this reporter has joined advocates doing outreach on the street. Almost all the unhoused persons the outreach team has met said they have signed up for housing with Poverello or other agencies and should be in the Homeless Management Information System (HMIS).

None of them have refused housing services. This reporter has been doing outreach and interviewing unhoused folks for several years, and many have signed up for housing more than once. The mayor’s implication that people are refusing housing is simply not true. What is true is that there is no housing available, at any time—temporary or permanent.

All the empirical evidence shows that increased housing costs and poverty are the main drivers of homelessness. A well-researched and documented 2023 University of San Francisco study on homelessness and other studies indicate this. Empirical evidence and these studies also show that arrest and criminal prosecutions result in continued homelessness.

People with criminal records are seven times more likely to be unhoused than those without records. Criminal records also limit future employment opportunities, access to benefits, educational opportunities, earning potential and, above all, access to housing.

Again, notably, the City is the main driving force criminalizing the unhoused. Fresno County is taking a much more reasonable approach and is not arresting.

The mayor and the acting police chief said that only “repeat offenders” would be arrested, but arrests so far disprove that. There is no clear geographic pattern seen in the arrests. People on the streets are understandably anxious.

There is concern that the reactions of those arrested will result in additional charges, such as resisting arrest or threatening a police officer. There are also concerns that property is being destroyed and animals are being impounded.

The Public Defender’s Office says that five cases have been filed so far, with two set for trial. The expectation is that many more cases will be filed. Some have already been resolved.

The misdemeanor unit of the Public Defender’s Office has just nine attorneys, so there will be a need for private counsel to step in. Efforts are being made to recruit pro bono attorneys.

The City’s draconian, ineffective, mean-spirited, costly and racist anti-camping ordinance is a disaster for those unfortunate enough to be unhoused and will have lasting and damaging impacts on their lives.

Know Your Rights!

Attorneys and advocates have compiled the following information sheet for distribution on the street. These are suggestions to tell the police when facing arrest and do not constitute legal advice and if given to the police might not prevent arrest.

If faced with arrest, say and provide the police with this information (or the points that fit your situation):

• I have already requested social services and am awaiting a response. To confirm, please call 559-236-6010.
• I am on a wait list for housing placement. To confirm, please call 559-236-6010.
• As I am waiting for requested services or housing, I should not be arrested under the City ordinance.
• I am not camping, loitering or trespassing. I am traveling to another location. I can provide the address.
• If I am being arrested, I request to consult with counsel and decline to make any statements.
• My possessions include items essential to my eligibility for services and my personal well-being. Please let me retrieve them before confiscation.
• If my property is being confiscated, please provide the paperwork to reclaim it.
• I have minor children who depend on me. Arresting me or confiscating my property will endanger them. I have a constitutional right to travel that cannot be infringed.
• I am a disabled person entitled to protection and reasonable accommodation. The nature of my disability is □ physical □ mental.
• I am entitled to special consideration as a victim of □ domestic violence □ sexual violence □ human trafficking.
• I am entitled to special consideration because I am a military veteran.

Please respect my rights!

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