Is sitting in the park a crime? Fresno city leaders say yes to ban on homeless people

The Fresno City Council, with the support of Mayor Jerry Dyer, is on the verge of passing a dangerous and far-reaching new law that would make sitting, lying or sleeping on public property a felony punishable by up to six months in prison.

Without enough emergency shelters, let alone permanent housing, this ban only serves to punish our most vulnerable neighbors. Whatever the original intentions of this ordinance, the current draft has the effect of making everyone in this city a potential criminal. Any use of public space—whether it's sitting in the park, enjoying an ice cream on a bench, or waiting at the bus stop—becomes a felony punishable by jail time or a $500 fine.

The City of Fresno has recently made important strides in providing support and services to the homeless. Funds from the state's Project Homekey program have been used to convert dangerous motels into transitional housing that provides stable housing and gets people off the streets. The city has listened to the concerns of local homeless advocates and made adjustments to make emergency shelters and other services more accessible.

Opinion

At their meeting on July 29, City Council members spoke movingly about their experiences of housing shortages and how siblings live on the streets and not on the streets. I don't think the City Council or the Mayor have ill intentions, I think they are frustrated by the lack of progress and are aware of the impact of homeless encampments on quality of life. No one wants to live on the streets or see other people living on the streets, including activists and homeless people. But when housing, jobs and services are out of reach, when shelters are full and when mental health services are inadequate and inaccessible, then this is a failure of our responsibility as a society.

It's unclear what the city expects to do for homeless people if this ban passes the City Council on Thursday. Shelters are full and waiting lists are long. Transitional and long-term housing is even harder to come by. There simply aren't enough options.

If this ordinance is passed, the homeless will be housed in prison. This is definitely not a cheaper solution. It also makes a stable life even more unattainable, as a criminal record is a major obstacle to finding work and housing.

Homeless people are often portrayed as mere drug addicts unwilling to take responsibility for their lives. However, the reality is quite different. Homeless people represent a cross-section of our most vulnerable residents: physically and mentally disabled people, foster children without family support who are too old for the system, LGBTQ+ youth, veterans with PTSD, and victims of domestic violence are a more accurate representation of people who experience homelessness.

Although drug and alcohol use are common among homeless people, they are often a symptom rather than the cause of homelessness – a way of coping with the harsh realities of life on the streets.

Even if you have no sympathy for the difficulties faced by the homeless, this ordinance should deeply disturb you. It may sound over the top, but this ordinance will literally make it illegal to sit in a park, sit on a curb while waiting for a ride, rest on a bench, or sit at a bus stop. While it seems unlikely that a well-dressed family in Woodward Park would be arrested under this ordinance, can we say the same about black teenagers in Radio Park? Or a union member taking a break from picketing on a bench? What will happen to me if I ride my bike in my dirty cycling gear, sitting on a curb with a flat tire, waiting to be picked up? By making everyday acts into crimes, we invite profiling and abuse.

There are no cheap or easy answers to our homelessness crisis. Rents are too high even for those with steady jobs. Mental health services and treatment programs are difficult to access and woefully inadequate for our city's needs. Building affordable housing must be a higher priority. While the city has recently completed important projects, we still have a long way to go.

We need real solutions. We can't just throw up our hands and try to hide those who are considered undesirable in our local jails. And we certainly can't turn a nice day at the park into a crime.

Sean Zweifler is a botanist and activist who lives in the Tower District with his partner Kate and cat Shaggy.