Since the implementation of the City of Fresno’s harsh and cruel anti-camping ordinance on Sept. 23, there have been 150 arrests of unhoused individuals in Fresno. Most arrests occurred in early to mid-October. The City then turned to issuing citations. The number of citations are unknown at this point and will require a California Public Records Act (CPRA) request to obtain this information. Several defendants set for arraignment did not appear in court, leading to warrants for their arrest.
At least one case was dismissed at arraignment proceedings after an unhoused woman was held for four days. She said that her case was dismissed with time served. She added the judge appeared to be sympathetic and that she was represented by a public defender.
From street interviews and analysis, the arrests and the issuance of citations are based on certain locations that are targeted by police. Police claim they are offering services that they say are sometimes refused. However, based on street interviews and written statements from some of those arrested, the only services offered are to sign up for a drug treatment program. No housing is offered.
If someone states they don’t have a substance abuse problem and don’t need drug treatment, they are often arrested or cited. It appears the police are targeting and clearing certain areas such as Downtown Fresno and the Tower District based on complaints primarily from business owners who don’t seem to care about the terrible human impact of the draconian ordinance and simply want the homeless to disappear.
Through a CPRA request, we obtained a Fresno Police Department (FPD) training bulletin for implementing the ordinance. The section in the bulletin called “Drug Treatment in Lieu of Arrest” verifies in writing that treatment is the only service offered.
The bulletin further states that “officers will use their discretion when determining whether to issue a citation, make an arrest or provide warning to those in violation of FMC 10-2101.” This order to use discretion will certainly lead to the profiling of unhoused victims.
Such profiling always includes the biases and prejudices of individual officers. The bulletin goes on to state that the officer should “consider the history of the situation, prior calls for service and wishes of the reporting party,” verifying that the mayor and City Council are pandering to the business community and their desire to rid the city of unhoused human beings.
The Fresno business community and City leadership must realize that the much lauded anti-camping ordinance will kill their fellow human beings. Upon arrest and otherwise, the FPD is regularly throwing away tents, sleeping bags, blankets and other necessary survival gear—leaving people to die from exposure.
Word from the Streets
“Everyone should check out Fresno, probably the most corrupt city ever,” says Deana, a senior unhoused Fresno resident who has never used drugs. “[There are] very strict codes, and they don’t open the four warming centers in town unless it’s 33 degrees.
“Fresno is in a valley surrounded by mountains that get a lot of snow. So the wind chill is agonizing in winter.
“Fresno has a homeless task force that consistently stalks the homeless. And this task force shows up with a garbage truck throwing all of their survival gear away. Even their only blankets. And homeless people here freeze to death in the winter.”
Reflecting on the impact of the new anti-camping ordinance, Deana said that “we (she and her female friend) have had to move, because of complaints, four times (since the ordinance was implemented). And we might have to move again tonight!
“We were in our current spot for about a month. Someone complained and lied, [saying] there were a lot of people here.”
Although a recent U.S. Supreme Court decision stated that criminalizing and arresting unhoused people is not cruel and unusual punishment, any sane person can see that the anti-camping ordinance and subsequent police enforcement of it is cruel. Throwing away survival gear in winter is cruel. Arresting and detaining people is cruel.
As Deana and so many other unhoused folks and advocates have documented, the blatant Fourth Amendment violations and inhumane treatment amount to human rights violations.
“MAGA Liberals” and the Unusual Ordinance
When the five “liberal” Democrats on the Fresno City Council joined forces with two MAGA Republicans, Mayor Jerry Dyer and City Council Member Garry Bredefeld, to pass and implement the most draconian anti-camping ordinance in the United States, they opened the gates of hell. A living hell for street family members. People are forced to walk aimlessly every day in an attempt to avoid contact with the police.
Arrests and Citations
Fresno’s anti-camping, anti-sitting, anti-standing and anti-lying ordinance is unusual in the sense that it is the harshest and most cruel ordinance in the United States. The ordinance was driven by “liberal” Democratic Council Members Miguel Arias and Tyler Maxwell and the extremist MAGA Bredefeld.
The City uses the Homeless Assistance Response Team (HART) to move unhoused taxpayers (unhoused people pay sales tax to the City) endlessly, often to dangerous locations. Unhoused residents say the FPD’s HART members commit crimes everyday. There are many witnesses to these crimes. The crimes include theft of property, civil rights abuses and violations of the Fourth Amendment to the U.S. Constitution (illegal search and seizure of property).
HART throws away basic survival gear every day. Imagine sleeping on the streets of Fresno when it’s 40 degrees with no blanket. People have died and more will die from exposure this winter.
Although hypothermia is most common at extremely cold temperatures, it can occur even at cool temperatures (above 40°F) if you become chilled from rain, sweat or being in cold water. If you have a chronic condition such as diabetes, Parkinson’s, memory loss or thyroid problems, it can set in.
Many medicines make it hard to regulate body temperature, and if you have COPD (chronic obstructive pulmonary disease), you might have difficulty breathing in the cold. Many other health conditions put people at risk for hypothermia at temperatures higher than 34 degrees.
If you are unhoused, 37, 38 or 39 degrees is not much different than 34 degrees and you will have a miserable night without sleep at those temperatures. Unhoused folks often challenge the mayor and City Council members to sleep outside on the cold winter streets of Fresno.
Prolonged exposure to homelessness has a significant negative effect on individuals that can result in death. Homelessness is much more than the absence of physical housing; it is a tension-filled, trauma-filled and treacherous condition that often results in injuries and fatalities.
It’s time for the City to abolish the cruel and unusual anti-camping ordinance and provide real solutions to the housing crisis. Homelessness is driven by poverty and the lack of affordable housing. A real Housing First approach is necessary.
Permanent housing with services is the way forward. Social housing is the ultimate solution, and interim solutions are necessary such as the establishment of low-cost tiny home villages, temporary trailer housing and safe encampments.
There are real humane alternatives to the current egregiously inhumane criminalization of those unfortunate enough to be on the cruel streets of Fresno.
Take Action!
Contact the mayor of Fresno and the City Council by e-mail @fresno.gov, via fresno.gov/citycouncil/ or call them at 559-621-8000. Tell them to rescind the heartless no-camping ordinance, open the City warming centers when temperatures drop below 50 degrees, and present humane and viable solutions to the housing crisis in Fresno.
Also, on Dec. 17, a protest against the war on the street-family members of Fresno will take place at Fresno City Hall (2600 Fresno St.) at 9 a.m. This action is part of a national effort called Stolen Land Liberation for Houseless Peoples Self Determination.
