Fremont City Council said it is amending a controversial clause in its new ordinance that makes aiding and abetting an illegal encampment a misdemeanor.
However, advocates for the unhoused said the amendments still miss the point.
"A big concern has been regarding the aiding and abetting and the misinterpretation that our beloved prophets are faith-based organizations and agencies that they could suffer criminal repercussions," said Kathy Kimberlin, a Fremont councilmember.
Homeless advocates, who filed a federal civil lawsuit to prevent the law from taking effect, don't believe there is any misinterpretation.
Advocates claim the ordinance makes it illegal for someone to camp on public property and includes fines and potential jail time for those trying to help the unsheltered. They said the goal of the ordinance is to simply push the homeless out of Fremont.
"There is nowhere for anyone who is unhoused to be in the city of Fremont once this ordinance goes into effect 3:16 and there will also be consequences to organizations, mutual aide, nonprofits, churches," said Andrea Henson, co-counsel for the California Homeless Union.
Henson said plaintiffs will not take any further action until after the City Council considers possible amendments. She also added that it's unlikely any amendment will solve the new ordinance's fundamental issues.
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"If they take out that section in the new ordinance, the aiding and abetting in the original ordinance still stands," she said.
The City of Fremont declined an interview with NBC Bay Area, citing the pending litigation. However, in a statement, the city said it will delay enforcement until March 18, when the council will consider amendments.
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Previously, Nayor Raj Salwan has refuted the idea that the ordinance criminalized homelessness.
"I think it's being weaponized and this is not an accurate portrayal," the mayor said on Feb 10. "We have been very clear in all the communication even we put out a statement with all the information highlighting everything and our goal is to work with our service providers to provide services to get people the support."
Groups, including Fremont for Everyone, want the ordinance rescinded altogether.
"We have had a lot of misinformation from city officials and from our elected officials mischaracterizing what this ordinance is," said David Bonaccorsi, a member of the Fremont for Everyone. "You need to level with the people; we are here to help, but don’t tell us we don’t understand what is going on. We absolutely do, and the people that are afraid absolutely hear the message."
The group that filed the lawsuit is waiting to see what happens with the potential amendments and said they are willing to work with the city to come to a resolution.
