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Berkeley City Council to Consider Criminalization of Homelessness
The Berkeley City Council is poised to take full advantage of the Trump Supreme Court’s anti-homeless decision in the Grants Pass case.
Tuesday night September 10 at 6pm, Council Member Rashi Kesarwani will introduce item 37 to promote the criminalization of living in public.
Meeting Details : Tuesday 9/10 at 6pm @ 1231 Addison Street
Agenda Packet: https://berkeleyca.gov/city-council-regular-meeting-eagenda-september-10-2024Zoom link: https://cityofberkeley-info.zoomgov.com/j/1607838997
A march called by the new Berkeley Homeless Union will gather at Cedar and San Pablo at 5pm with a rally at 5:30 outside the city council meeting. (See several attachments.)
Kesarwani’s resolution gives lip service to the Martin v. Boise lower court ruling saying cities cannot enforce anti-camping ordinances if they do not have enough shelter beds available. But as the Union states, the resolution "introduces 'certain conditions' that effectively provide loopholes for justifying the criminalization of unhoused people who have no choice but to sleep in public spaces.
“The six criteria outlined in the resolution rationalize punitive actions against unhoused people, especially in areas designated as 'public right of way,' which are often the only spaces left for people to occupy. The resolution puts the blame on unhoused people for their own circumstances instead of providing relief to mitigate the health and safety risks in their community.
"It's important not to dismiss this is simply a 'traffic issue' – it's a matter of fundamental human rights. Criminalizing someone for being unhoused, particularly after taking away the shelter, is both unjust and inhumane."
As the Union points out, Kesarwani’s item goes against Mayor Arreguin’s statement July 9 that “We’re not going to crack down and do sweeps. We are going to continue to take the very thoughtful approach that we take which focuses on outreach and intervention."
Contact berkeleyhomelessunion@gmail.com or phone (510) 575-0563.
Please also read the attached Peace and Justice Commission resolution “Opposing the Criminalization of Poverty and Homelessness," adopted and referred to the city council on August 7.
Our resolution, if adopted by the city council, would take the opposite tack from Kesarwani’s. The City would “refrain from any criminalization or effective prohibition of sleeping while unhoused.” It would also put the City on record opposing Governor Newsom’s Executive Order N-1-24, which “requires the removal of encampments on state lands and requests local governments to take the same action within their jurisdictions, while the Order provides no new funds for the creation of new housing or shelter….”
Please feel free to bring up the Peace and Justice proposal as the antithesis of Kesarwani’s punitive and anti-human item.
