Not wanting a law that could criminalize people for being homeless and concerned about “overly broad” language, some Santa Ana councilmembers have asked for changes to a proposed anti-camping ordinance before they would support it.
As written, the ordinance the City Council took a look this week would have made it illegal for any person to camp — defined as pitching a tent, using camping supplies or “to use property for living accommodation purposes or to use a vehicle for human habitation” — or store personal property at any public parking lot, plaza or space or the Civic Center.
Camping in public by those definitions could be cited as a misdemeanor at a Santa Ana police officer’s discretion, though they would also be able to direct people instead to a housing, mental health or substance use facility, under the proposal.
Councilmember Thai Viet Phan would like to make it a requirement that officers offer those services and she requested several other changes to the legal language of the ordinance, including addressing the inclusion of some items she considered “overly broad” such as moveable chairs and coolers, among other things.
Acting Police Chief Robert Rodriguez said the proposed ordinance is not meant to target people who are unhoused, but to address public health and safety concerns with people living in encampments on city streets.
Phan and Councilmember Jessie Lopez also took issue with a section of the ordinance that would have included people sleeping in their cars as unlawful camping.
“This is the reality of people in our streets. They live in cars,” Lopez said. “Our role should be to say, how can we help you? Not, how do we throw you in jail?”
“When we’re talking about defining parking in a public street after 10 p.m. as camping, I’m not going to be supportive of that,” she added.
Rodriguez said the proposed ordinance would bring city enforcement laws in line with the U.S. Supreme Court’s ruling in Grants Pass v. Johnson in June, which opened the possibility for cities to issue tickets to people for sleeping in public areas, regardless of the availability of local shelter beds.
The latest point-in-time count conducted in OC cities tallied at least 871 people experiencing unsheltered homelessness in Santa Ana. In 2022, Santa Ana opened the doors to its 200-bed emergency shelter for men, women and families, which also offers services to help people navigate their way to stable housing and financial stability.
Councilmember Johnathan Hernandez called the proposed ordinance “lazy, irresponsible and reckless,” saying city leaders should focus on strengthening housing, rather than criminalizing homelessness.
He pointed out during Tuesday night’s meeting that there were only five vacant beds at the city’s shelter at that time, according to a data dashboard the city keeps online.
“We should absolutely enforce anti-camping laws if someone is sleeping on a bench, someone is sleeping in front of City Hall, someone is sleeping in public property, but we should be very mindful that we also only have five beds available,” Hernandez said.
When asked about where else people would go aside from the city shelter, City Manager Alvaro Nuñez said people would also be directed to the county’s shelter.
The Yale Navigation Center, a 425-bed shelter in Santa Ana run by the County of Orange that serves nine central cities, had five beds available as of Nov. 20, a county spokesperson wrote in an email. “With that said, Yale serves a variety of populations including men, women, adult couples, people experiencing severe mental illness, etc., which means availability is based upon the specific population the vacant bed serves.”
Councilmember Phil Bacerra said on Tuesday he supports the ordinance as prepared and is opposed to Phan’s recommended changes.
“We have hardworking people here who are Santa Ana residents who can’t use a bus stop because it’s been taken over by somebody who’s turned it into their drug consumption site,” Bacerra said. “We’re not trying to solve homelessness here tonight. We’re trying to look out for our residents.”
Mayor Valerie Amezcua said residents continue to send her images of people naked in the streets or engaging in illegal activity.
“We need to take action for our constituents and it’s about the quality of life,” Amezcua said. “We have done so much for the homeless situation. We cannot do it all.”
The city is already keeping bus stops clean and cleared, has hired security to ensure no one is sleeping in public parks or restrooms and has directed its Police Department to enforce state public intoxication laws, Lopez said.
“I think it’s good news for our residents to be reminded of the work that the city is already doing, of the work that we’ve invested in. Sometimes when I hear these conversations, it sounds like we’re not doing anything,” she said. “Our staff deserves the credit of being told publicly that they do a lot, more than any other city.”
Santa Ana is one of many Orange County cities to consider such anti-camping laws. Irvine recently passed an anti-camping ordinance, as well as Newport Beach, Aliso Viejo and San Clemente. Councilmembers are expected to talk about revisions to the proposal at their next meeting.