The San Jose City Council in Northern California voted June 10 to render homeless individuals, who refuse three offers of shelter, in violation of trespassing laws and able to be arrested.
The council members voted 9–2 in favor of amending the city’s encampment code of conduct with a “responsibility to shelter” provision.
San Jose Mayor Matt Mahan, a Democrat, introduced the proposal, which is among the stricter anti-encampment laws introduced since the Supreme Court in 2023 made it simpler for cities to ban homeless people from camping on public property. Mahan said that, if the city has enough shelter and interim housing, homeless people should be required to move into them.
Vice Mayor Pam Foley said getting people housed is the first step to getting them the help they need.
“We cannot expect to adequately treat mental illness, addiction, or unemployment effectively if someone is living outdoors,” Foley said during the City Council meeting. “Stable shelter, whether through interim housing, safe parking, or safe sleeping sites, not only connects people with critical services and job training, but ultimately paves the way toward permanent housing.”
Foley said the updated Code of Conduct demonstrates that San Jose is dedicated to reducing homelessness and restoring access to public spaces.
“When shelter becomes available, choosing not to fill those spaces only sets us back,” she said. “We must ensure that every opportunity to move people indoors is used to its fullest potential for both their sake and for the broader San Jose community’s well being.”
The city will not make arrests merely for refusing shelter, but, rather, for trespassing. The goal of the code of conduct revision is to enhance engagement with the homeless community.
Councilmember Peter Ortiz, who voted “no” on the proposal, fears the code of conduct revision could lead to a situation where the city has de facto criminalized homelessness, pointing out that the policy says somebody who simply declines shelter could be arrested. He noted that there are many reasons one may deny shelter, including unsafe shelter conditions or incompatibility.
“I think that by including arrest language in this policy, there could be unintended consequences,” he said at the city council meeting.
Hellbound and Down 