(April 26, 2013) -- Sacramento legislation, which recently passed its first Committee hurdle, proposes to prohibit cities from enforcing certain local laws regarding homeless persons and would enable homeless persons to file lawsuits alleging interference with multiple newly created legal rights, including the right to "rest" in public spaces, sleep in vehicles and seek "self-employment" by junk collection, recycling and redemption without risk of arrest or penalties.
AB 5, titled the Homeless Person's Bill of Rights and Fairness Act by its author Assemblyman Tom Ammiano (D., San Francisco), would also give homeless persons the right to decline admittance to shelters or social service programs "for any reason he or she sees fit" while requiring every local government to have sufficient health and hygiene centers available 24 hours a day, seven days a week, for use by homeless people.
The bill enables persons who allege violation of these rights (and others in the bill, text below) to file lawsuits seeking monetary damages including reasonable attorneys' fees and costs for a successful plaintiff.
AB 5 includes the following salient provisions:
[Assembly Judiciary Committee legislative analysis summary]
1)Provides that every homeless person in the state shall have
the right to move freely, rest, solicit donations, pray,
meditate, or practice religion, and to eat, share, accept, or
give food and water in public spaces without being subject to
criminal or civil sanctions, harassment or arrest by law
enforcement, public or private security personnel, or Business
Improvement District (BID) agents because he or she is
homeless.
2)Provides that every homeless person shall have the right to
occupy a motor vehicle or recreational vehicle either to rest,
sleep, or use for the purposes of shelter, provided that the
vehicle is legally parked on public property, without being
subject to criminal or civil sanctions, harassment, or arrest
from law enforcement, public or private security personnel, or
BID agents.
3)Provides that every homeless person shall have the right to
the same protections that law enforcement agencies afford to
any other person.
4)Provides that law enforcement may enforce existing local laws
regarding resting in a public place provided that specified
human service criteria are met: the person's county of
residence maintains 12 months per year of nonmedical
assistance for employable, able-bodied adults who are
compliant with program rules established by the county,
including work requirements; the locality is not a
geographical area as an area of concentrated unemployment or
underemployment or an area of labor surplus; and the public
housing waiting list maintained by the county contains fewer
than 50 persons.
5)Provides that every homeless person has the right to engage in
lawful self-employment, in the same manner as any other
person, including, but not limited to, the right to seek
self-employment in junk removal and recycling that requires
the collection, possession, redemption, and storage of goods
for reuse and recycling, without being subject to criminal or
civil sanctions, harassment, or arrest.
6)Provides that every homeless person shall have the right to
decline admittance to a public or private shelter or any
other accommodation, including social services programs, for
any reason he or she sees fit, without being subject to
criminal or civil sanctions, harassment, or arrest from law
enforcement, public or private security personnel, or BID
agents.
7)Provides that every homeless person shall have the right to
confidentiality of his or her records and information by
homeless shelters, medical centers, schools, or any other
publicly funded human service provider to law enforcement
agencies, employers or landlords without appropriate legal
authority.
8)Provides that every homeless person shall have the right to
assistance of counsel if a county chooses to initiate judicial
proceedings under laws that are often selectively enforced
against homeless people.
9)Prohibits retaliation against public employees who offer
available resources to a homeless person in order to protect
that person from harm.
10)Prohibits the civil sanction, arrest, or harassment of any
person or organization offering food or water in a public
space to a homeless person.
11)Provides that every local government and disadvantaged
unincorporated community within the state shall have
sufficient health and hygiene centers available 24 hours a
day, seven days a week, for use by homeless people.
12)Requires law enforcement agencies to annually compile and
review the number of citations, arrests, and other enforcement
activities under laws that are alleged to be selectively
enforced against homeless people.
13)Requires local law enforcement agencies to make public the
records of citations, arrests and other enforcement activities
under laws that are alleged to be selectively enforced against
homeless people, and to report these records to the Attorney
General's office annually.
14)Provides that any person whose rights have been violated
under this part may enforce that right in a civil action in
which the court may award appropriate relief and damages,
including restitution for loss of property or personal effects
and belongings as well as reasonable attorneys' fees and costs
to a prevailing plaintiff.
15)Provides that no person shall, on the basis of housing
status, be unlawfully denied full and equal access to the
benefits of, or be unlawfully subjected to discrimination
under, any program or activity that is conducted, operated, or
administered by the state or by any state agency, is funded
directly by the state or receives any financial assistance
from the state.
To view AB 5's full text (most recent April 8), click here.
AB 5 is opposed by (among others, list below) the cities of Bellflower, Cypress and Signal Hill), the League of CA Cities, the Apartment Ass'n of CA Southern Cities and the CA Chamber of Commerce. The bill is supported by (among others, list below) co-sponsors Western Regional Advocacy Project, Western Center on Law and Poverty, JERICHO: A Voice for Justice and East Bay Community Law Center; the ACLU, CA Nurses Ass'n, Disability Rights Advocates, Drug Policy Alliance, and the Los Angeles Community Action Network.
The City of Long Beach's Director of Government Affairs and Strategic Initiatives, Tom Modica, told LBREPORT.com that the City is aware of the bill and concerned about the loss of local control in its provisions. In November 2012, the City Council adopted its 2013 "state legislative agenda," a list of general policies city management is to apply in supporting or opposing upcoming Sacramento legislation. It includes a traditional provision to protect local control by opposing legislation "that preempts the current authority possessed by the City and delegates that authority to the State or other governmental jurisdiction." Mr. Modica said the City is prepared to oppose AB 5 on that basis without further Council action. He noted that during an April 23 Assembly Judiciary Committee hearing, AB 5 author Ammiano agreed verbally to make a number of amendments, but those changes haven't been put into legislative text at this point the City will be examining them when they appear.
The Long Beach City Council hasn't dealt specifically with AB 5; the Council's State Legislation Committee (members chosen by Mayor Foster) hasn't made any voted recommendations to the full Council on the measure. (The Council's State Legislation Committee consists of Councilman Patrick O'Donnell -- who has formed a political committee to raise money for the 2014 race to succeed Assemblywoman Bonnie Lowenthal -- plus Vice Mayor Robert Garcia and Councilman Al Austin (the latter named to the Committee by Mayor Foster in April 2013).
The measure provides that its specified rights could be exercised without risk of criminal or civil sanctions, harassment or arrest by law enforcement, public or private security personnel, or Business Improvement District (BID) agents because one is homeless.
As previously reported by LBREPORT.com, on April 12, 2013 a 63 year old Long Beach resident was set on fire and subsequently died of his injuries after a homeless man allegedly tossed a flammable liquid on the victim who was seated in a vehicle in a mini mall parking lot at PCH/Clark Ave.
To LBREPORT.com's knowledge, no Long Beach business associations or neighborhood groups have taken positions at this point on AB 5.
On April 23, the measure (with verbally agreed amendments) cleared the Assembly Judiciary Committee on a 7-3 vote (Yes: Wieckowski, Alejo, Chau, Dickinson, Garcia, Muratsuchi, Stone. No: Wagner, Gorell, Maienschein).
AB 5 now goes to the Assembly Appropriations Committee, which is supposed to focus on state fiscal impacts. The Committee is a de facto graveyard for bills that the Assembly's majority leadership (Dem) doesn't want to advance, since the Committee chair can hold a bill in Committee without letting it reach the Assembly floor. The Appropriations Committee's current members include term-limited Assemblyman Isadore Hall, III, who represents part of North Long Beach.
As previously reported by LBREPORT.com, Councilman Steven Neal has formed a political committee by which he can raise money in pursuit of that Assembly seat, however Councilman Neal says he hasn't decided yet whether to enter that 2014 Assembly race or to seek reelection to a second Council term in 2014.
The Assembly Judiciary Committee's legislative analysis of the bill -- including list of supporters/opponents -- follows:
BILL ANALYSIS AB 5 Page 1
Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 5 (Ammiano) - As Amended: April 8, 2013
As Proposed to be Amended
SUBJECT : HOMELESS PERSONS: BASIC RIGHTS
KEY ISSUE : SHOULD NEW RIGHTS FOR HOMELESS PERSONS BE
ESTABLISHED, INCLUDING A PROHIBITION AGAINST DISCRIMINATION BY
PUBLIC ENTITIES ON PUBLIC PROPERTY, RIGHTS TO CONFIDENTIALITY
AND LEGAL COUNSEL, PROTECTIONS FOR THOSE WHO AID A HOMELESS
PERSON, REQUIRED REPORTS REGARDING SPECIFIED LAW ENFORCEMENT
ACTIVITIES AND ESTABLISHMENT OF AID CENTERS?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This bill would enact the Homeless Person's Bill of Rights and
Fairness Act. As originally introduced, the bill was met with
significant criticism. It has since been substantially amended,
and further narrowing amendments are proposed today. In the
form before this Committee, the bill would establish certain
protections against discrimination on the basis of homelessness
by public entities with regard to persons on public property
engaged in specified activities, such as resting, eating and
praying. Further, the bill would prohibit penalties against
persons who offer food or water to homeless persons, and would
prohibit retaliation against public employees who offer
appropriate assistance to a homeless person. The bill also
ensures that homeless persons have rights to confidentiality in
specified public records, and the right to decline public
services without sanction or harassment. In addition, the bill
would establish a far broader right to rest on public property,
regardless of local prohibitions, unless the applicable county
provided specified levels of public benefits. The bill also
requires local governments to provide health and hygiene centers
for use by homeless people, and requires law enforcement
agencies to compile and report data regarding enforcement
activities that homeless people allege are selectively enforced
against them. Finally, the bill would provide a right to legal
counsel when a local government brings specified criminal
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enforcement actions against a homeless person, and would provide
a civil right of action for violations of the civil rights
recognized in the bill. The bill would apply only to public
officials and quasi-public entities such as Business Improvement
Districts (BIDs) and security personnel, not to private business
establishments.
Supporters argue that homelessness has increased as the result
of increased poverty rates, in conjunction with diminished
social spending, leading many local governments to respond by
simply criminalizing the basic human activities of homeless
people. Opponents representing local governments and business
groups argue that the bill fails to strike an appropriate
balance between promoting health and safety for all residents
and respecting the local designation of resources. Opponents
also contend that the bill would create costly mandates, blur
the line between local jurisdiction authority, and undermine the
local decision making process.
SUMMARY : Recognizes specified rights for homeless people.
Specifically, this bill :
1)Provides that every homeless person in the state shall have
the right to move freely, rest, solicit donations, pray,
meditate, or practice religion, and to eat, share, accept, or
give food and water in public spaces without being subject to
criminal or civil sanctions, harassment or arrest by law
enforcement, public or private security personnel, or Business
Improvement District (BID) agents because he or she is
homeless.
2)Provides that every homeless person shall have the right to
occupy a motor vehicle or recreational vehicle either to rest,
sleep, or use for the purposes of shelter, provided that the
vehicle is legally parked on public property, without being
subject to criminal or civil sanctions, harassment, or arrest
from law enforcement, public or private security personnel, or
BID agents.
3)Provides that every homeless person shall have the right to
the same protections that law enforcement agencies afford to
any other person.
4)Provides that law enforcement may enforce existing local laws
regarding resting in a public place provided that specified
AB 5
Page 3
human service criteria are met: the person's county of
residence maintains 12 months per year of nonmedical
assistance for employable, able-bodied adults who are
compliant with program rules established by the county,
including work requirements; the locality is not a
geographical area as an area of concentrated unemployment or
underemployment or an area of labor surplus; and the public
housing waiting list maintained by the county contains fewer
than 50 persons.
5)Provides that every homeless person has the right to engage in
lawful self-employment, in the same manner as any other
person, including, but not limited to, the right to seek
self-employment in junk removal and recycling that requires
the collection, possession, redemption, and storage of goods
for reuse and recycling, without being subject to criminal or
civil sanctions, harassment, or arrest.
6)Provides that every homeless person shall have the right to
decline admittance to a public or private shelter or any
other accommodation, including social services programs, for
any reason he or she sees fit, without being subject to
criminal or civil sanctions, harassment, or arrest from law
enforcement, public or private security personnel, or BID
agents.
7)Provides that every homeless person shall have the right to
confidentiality of his or her records and information by
homeless shelters, medical centers, schools, or any other
publicly funded human service provider to law enforcement
agencies, employers or landlords without appropriate legal
authority.
8)Provides that every homeless person shall have the right to
assistance of counsel if a county chooses to initiate judicial
proceedings under laws that are often selectively enforced
against homeless people.
9)Prohibits retaliation against public employees who offer
available resources to a homeless person in order to protect
that person from harm.
10)Prohibits the civil sanction, arrest, or harassment of any
person or organization offering food or water in a public
space to a homeless person.
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11)Provides that every local government and disadvantaged
unincorporated community within the state shall have
sufficient health and hygiene centers available 24 hours a
day, seven days a week, for use by homeless people.
12)Requires law enforcement agencies to annually compile and
review the number of citations, arrests, and other enforcement
activities under laws that are alleged to be selectively
enforced against homeless people.
13)Requires local law enforcement agencies to make public the
records of citations, arrests and other enforcement activities
under laws that are alleged to be selectively enforced against
homeless people, and to report these records to the Attorney
General's office annually.
14)Provides that any person whose rights have been violated
under this part may enforce that right in a civil action in
which the court may award appropriate relief and damages,
including restitution for loss of property or personal effects
and belongings as well as reasonable attorneys' fees and costs
to a prevailing plaintiff.
15)Provides that no person shall, on the basis of housing
status, be unlawfully denied full and equal access to the
benefits of, or be unlawfully subjected to discrimination
under, any program or activity that is conducted, operated, or
administered by the state or by any state agency, is funded
directly by the state or receives any financial assistance
from the state.
EXISTING LAW :
1)Provides that all persons are free and equal no matter what
their sex, race, color religion, ancestry, national origin,
disability, medical condition, genetic information, marital
status, or sexual orientation and are entitled to full and
equal accommodations, advantages, facilities, privileges, or
services in all business establishments. (Civil Code section
51.)
2)Establishes that no person shall be discriminated under any
state-funded program or activity on the basis of race,
national origin, ethnic group identification, religion, age,
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sex, sexual orientation, color, genetic information, or
disability. (Government Code section 11135.)
COMMENTS : In support of the bill, the author states:
There is currently no unified state law that defines a
statewide standard protecting basic civil rights of our
most vulnerable Californians. Today, numerous laws infringe
on poor people's ability to exist in public space, to
acquire housing, employment, and basic services, and to
equal protection under the law. The Homeless Person's Bill
of Rights and Fairness Act is a response that can help
alleviate poverty and homelessness while protecting people
from discrimination and ensuring a right to privacy and
personal property.
With poverty and unemployment reaching record numbers in
California, our cities have begun enacting a wave of such
laws, targeting mostly people without homes. These laws,
commonly called "quality of life" or "anti-nuisance"
ordinances, criminalize sleeping, sitting, and even
food-sharing in public spaces. Just like the
discriminatory laws from the past, they deny people their
right to exist in local communities.
According to research published by the Western Regional
Advocacy Project, the main "illegal offenses" that people
without homes have been charged with as a result of these
"nuisance" laws are:
83% harassed for sleeping , with 48% of these people
cited and 30% arrested.
79% harassed for sitting or lying down , with 43% of
these people cited and 26% arrested.
66% harassed for " loitering " or being present in a
public space, with 40% of these people cited and 24%
arrested.
This same study found that the majority of people without
homes were scared to live on the streets and that they did
not know of a safe place to sleep at night where they would
not be arrested.
The solution to homelessness is not citations and jail
time. A citation for sleeping or standing on the street,
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instead, contributes to a person's inability to establish
financial solvency and good credit necessary to secure
employment and a rental agreement. Citations, arrests and
jail time do not solve homelessness, they just route
crucial public dollars that could be spent on housing, to
an already impacted court and corrections system, neither
of which have the responsibility or resources to provide
housing. Homelessness is a consequence of poverty and
inability to afford housing and can only be curtailed by
shifting our priorities to address these root causes.
AB 5 enacts law protecting people without homes from
violations of their basic human rights and the people who
serve them from penalties. It also resolves to reduce the
impact of homelessness on communities and individuals by
diverting investment from criminalization to stabilization
efforts.
Supporters Argue That Homelessness Has Increased As the Result
of Increased Poverty Rates In Conjunction With Diminished Social
Spending, Leading Many Local Governments To Respond By Simply
Criminalizing Homelessness. This bill is co-sponsored by the
Western Center on Law and Poverty, JERICHO, and the Western
Regional Advocacy Project which jointly state:
Homelessness is the most brutal and severe face of poverty,
experienced daily by 160,000 men, women, and children in
California. This represents 20% of the nation's homeless
population. In recent years, there have been increases in
the numbers people experiencing homelessness. Homelessness
not only has grave human consequences, it also creates
challenges for local governments, both rural and urban.
Families with children have been one of the fastest growing
groups of homeless people, representing over 40% of the
nation's homeless in 2009 according to the National
Coalition for the Homeless. In California, child
homelessness is high. The National Center on Family
Homelessness has given California a rank of 49th worst in
the number of homeless children and 48th worst in the
percentage of children who are homeless. According to data
collected by the McKinney-Vento Educational Programs more
than 292,624 California children experience homelessness
each year. Of the 2,200,000 children living in poverty in
California, thirteen percent are homeless.
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It should come as no surprise that homelessness is
increasing among families with children, as poverty among
families with children is also on the rise. According to
the Public Policy Institute of California, after reaching a
low of about 16% in 2001, the child poverty rate in
California has been trending upward with nearly 1 in 4
children living in poverty in California (23.2%) in 2010.
California is in the minority of states with an increase in
child poverty over 5% per year for the last couple of
years.
The consequences of poverty for people who lack housing are
significant.
Homeless families are twice as likely as middle-income
families to report that their children have moderate or
severe health problems such as asthma, dental problems, and
emotional difficulties.
The health consequences of homelessness are not limited to
children. On average, homeless adults have 8 to 9
concurrent medical illnesses, commonly suffering from skin
conditions, respiratory infections, tooth decay, foot
problems, vision disturbances, and trauma. Chronic
diseases, such as hypertension, diabetes, and asthma, are
prevalent among people without homes and are more difficult
to manage. Sexually Transmitted Infections (STIs) are
common among homeless girls and women, as a result of
limited access to reproductive health services,
prostitution, and survival sex (sex in exchange for food or
temporary shelter). Homelessness contributes to
hard-to-manage medical and psychiatric illnesses because
people who don't have homes are more vulnerable to harm
caused by crime and violence; prolonged standing; excessive
outdoor exposure; and airborne infectious diseases due to
overcrowding.
Without a home, people are less able to safely store or
prepare food and so are more likely to succumb to food
borne illnesses.
The human experience of homelessness is profound. Whether a
child, adult or elder, the lack of privacy and social
isolation experienced by people with no home can lead to
significant bouts of depression and have long-lasting
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impacts on self-worth and emotional wellbeing. The
prevalence of homelessness in the 21st century is a result
of an inexcusable failure of our economic and political
system that has led, not only, to violations of
internationally recognized human rights but also impact the
public health of entire communities.
Episodes of mass homelessness have occurred throughout U.S.
history. However, in the middle of the twentieth century,
following failed attempts to outrun vagrancy by passing
laws criminalizing the existence of poverty, New Deal
policies and post-World War II social welfare programs
effectively reduced the numbers of homeless people in the
United States. Certainly, marginally housed populations and
severe urban poverty did continue to exist after these
policies and programs were initiated, especially amongst
elderly men living in skid rows and amongst people facing
racist economic discrimination. Yet, few people were so
deeply poor and had such limited options that they were
forced to live on the streets.
Now, three decades after the first homeless shelters
opened, with comparative investments in affordable housing
the lowest since it began, there is an uptick in laws that
make it illegal to be poor and homeless in public spaces.
The following facts documenting that decline are included
in the Western Regional Advocacy Project report Without
Housing:
Between 1978 and 1983, HUD budget authority shrank
from $83 billion to little more than $18 billion in
2004 constant dollars, and since then has never been
more than $32 billion except for in 2009 and 2010
because of Recovery Act funding.
HUD Funding for new public housing units has been
zero since 1996. Meanwhile, since
1995, 360,000 housing units have been lost. HUD
estimates that approximately 100,000 units are sold or
destroyed each year.
Since 1995, 360,000 project-based units of Section 8
housing that have been lost and another 900,0000 of
these units have contract set to expire before 2014,
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accounting for the long wait lists for housing
assistance. As a result, current funding for the
voucher program meets the needs of only one-quarter of
homeless families.
From1976-1985, a yearly average of almost 31,000 new
Section 515 rural affordable housing units were built,
from 1986-2005, the average yearly production was
8170, a 74 percent reduction and in 2011 only 763
units were built.
On top of the loss of public housing, affordable housing
construction and Section 8 vouchers, rental markets have
the lowest vacancy rates in a decade causing rental costs
to remain high throughout the recession. According to the
Urban Institute's 2011 Out of Reach report, on average in
2011 a household needs to earn $18.46 an hour, working 40
hours a week, 52 weeks a year, to afford a two-bedroom home
at the Fair Market Rent.
Perhaps most distressing about, and very much related to,
the increase in homelessness and dramatic decrease in
federal funding for affordable housing and support for
low-income renters caught in this tight rental market is
that the federal government is spending more on housing
subsidies today than it ever has, but these subsidies
overwhelmingly benefit wealthy home owners. Federal
expenditures on home ownership mortgage deductions in 2012
were $131 billion, while total funding in federal
low-income housing assistance programs was under $50
billion.
This bill is also co-sponsored by the East Bay Community Law
Center, which states:
At EBCLC, we have worked extensively with homeless clients
over the past 25 years. We have seen firsthand the trend
toward criminalization of homelessness, and its ill
effects. Our clients are charged with trespassing for
standing on a public sidewalk, while nearby housed people
are - unsurprisingly - not cited. AB 5 would prohibit that
kind of selective enforcement. We have elderly and disabled
homeless clients who endured criminal prosecution because
they were sleeping under an out-of-the-way awning or
overhang on a rainy night. AB 5 would limit enforcement of
sleeping laws. We know homeless veterans who were cited for
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having their neatly packed belongings in public, or who had
all their earthly belongings confiscated and destroyed. AB
5 would protect personal property and require restitution
when belongings were illegally discarded. It is
mind-boggling when we see homeless people turned away from
treatment programs, housing, or jobs because they have
arrest warrants for "quality of life" tickets. AB 5 would
curtail the government resources spent on giving homeless
people citations they cannot afford to pay for acts that
should not be criminal to begin with, and will thereby
reduce jail and court costs that our state can ill afford.
AB 5's provisions are in line with experts'
nationally-recognized policy recommendations. Citing and
jailing homeless people for being in public is bad public
policy, according to the federal government, the U.S.
Conference of Mayors, numerous studies and reports and the
experiences of homeless people themselves. Studies have
shown that businesses do not do better when cities
criminalize homelessness. This is partly because
criminalization does not house homeless people. In fact,
criminalization can exacerbate homelessness, creating
warrants and criminal records that can impede a homeless
person's chance at getting housing, treatment, or
employment.
This Bill Prevents Discrimination On The Basis Of Homelessness
By Public Entities In Public Places. This bill prohibits the
discrimination against homeless people by public entities and
BID agents with respect to specified activities on public
property. Specifically: homeless people would have the right to
move freely, rest, solicit donations, pray, meditate, or
practice religion, and eat, share, accept, or give food and
water in public spaces without being subject to criminal or
civil sanctions, harassment or arrest by law enforcement, public
or private security personnel, or BID agents because he or she
is homeless.
Likewise, under this bill homeless people would have the right
to occupy a motor vehicle or recreational vehicle either to
rest, sleep, or use for the purposes of shelter, provided that
the vehicle is legally parked on public property, without being
subject to criminal or civil sanctions, harassment, or arrest
from law enforcement, public or private security personnel, or
BID agents. Homeless people would also have the right to engage
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in lawful self-employment, in the same manner as any other
person, without being subject to criminal or civil sanctions,
harassment, or arrest because the person is homeless. This bill
also provides that homeless persons shall not be unlawfully
denied full and equal access to the benefits of, or be
unlawfully subjected to discrimination under, any program or
activity that is conducted, operated, or administered by the
state or by any state agency, is funded directly by the state or
receives any financial assistance from the state. Thus,
enforcement actions by the specified entities on public property
that have the purpose or effect of discriminating against a
person because he or she is homeless would be prohibited by the
bill.
Further, this bill provides that every homeless person shall
have the right to the same protections that law enforcement
agencies afford to any other person.
This Bill Would Establish A New Right For Homeless People To
Rest In Public Spaces Unless A Local Government Provides
Specified Levels Of Public Benefits. In addition to the
equal-treatment provision noted above, this bill would establish
a more absolute right to rest in public places, notwithstanding
that an ordinance or enforcement action may treat homeless and
non-homeless persons the same. Under the bill, it appears that
local governments could not prohibit sleeping in public parks by
enforcing nighttime closing rules unless the county provides a
specified level of human services. That is, the bill provides
that law enforcement may enforce existing local laws regarding
resting in a public place if the person's county of residence
maintains 12 months per year of nonmedical assistance for
employable, able-bodied adults who are compliant with program
rules established by the county, including work requirements;
the locality is not a geographical area as an area of
concentrated unemployment or underemployment or an area of labor
surplus; and the public housing waiting list maintained by the
county contains fewer than 50 persons.
This Bill Provides Homeless People The Right To Decline Public
Services. According to supporters, homeless people are often
forced to separate from loved ones, give up their personal
property or pets in order to access public services, including
shelters. This bill provides that every homeless person shall
have the right to decline admittance to a public or private
shelter or any other accommodation, including social services
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programs, for any reason he or she sees fit, without being
subject to criminal or civil sanctions, harassment, or arrest
from law enforcement, public or private security personnel, or
BID agents.
This Bill Provides Homeless People The Right To Confidentiality
Regarding Certain Public Records. The records and information
of homeless people kept by homeless shelters, medical centers,
schools, or any other publicly funded human service provider
would be kept confidential and not be disclosed to law
enforcement agencies, employers or landlords unless there is
appropriate legal authority to disclose.
This Bill Provides Those Wronged A Remedy For Violation Of Their
Rights. Specially, this bill provides that any person whose
rights have been violated under this part may enforce that right
in a civil action in which the court may award appropriate
relief and damages, including restitution for loss of property
or personal effects and belongings as well as reasonable
attorneys' fees and costs to a prevailing plaintiff.
This Bill Provides The Right To Counsel In Certain Cases. If a
county chooses to initiate judicial proceedings under laws that
are allegedly enforced selectively against homeless people, this
bill would give the homeless person a right to counsel in that
proceeding, expanding the existing constitutional right to
counsel in criminal cases involving felonies.
The East Bay Community Law Center argues:
In the vast majority of counties, District Attorneys do not
send attorneys to traffic court to represent the state in
infraction cases. Rather, if a citation is challenged, the
citing officer testifies, and the defendant has the
opportunity to do so as well - normally, neither party is
represented. However, in some small number of counties or
cases, the District Attorney is spending attorney resources
prosecuting municipal infractions.
For the most part AB 5 does not change existing law about
when defendants receive counsel. It does, however, provide
that if a prosecuting attorney is present in court, the
defendant should have an attorney as well. Counties would
be able to avoid the cost of defense (and much of the
prosecution cost) by prosecuting infraction cases without
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an attorney present for the state, as most counties already
do. As a result, this provision of AB 5 could save money as
well as balance the scales of people charged with crimes.
This Bill Prohibits Penalties Against Persons Who Offer Food Or
Water And Prohibits Retaliation Against Public Officials Who
Provide Aid. Specifically, this bill prohibits the civil
sanction, arrest, or harassment of any person or organization
offering food or water in a public space to a homeless person.
Additionally, this bill prohibits retaliation against public
employees who offer available resources to a homeless person in
order to protect that person from harm.
This Bill Requires Local Governments To Provide Aid Centers For
Homeless People. Supporters argue that people without a home
are limited in their access to safe and responsible personal
hygiene. This bill provides that every local government and
disadvantaged unincorporated community within the state shall
have sufficient health and hygiene centers available 24 hours a
day, seven days a week, for use by homeless people.
In Order To Monitor Enforcement and Improve Law Enforcement
Efficiency, This Bill Requires Recordkeeping Regarding Certain
Law Enforcement Activities. This bill requires law enforcement
agencies to annually compile and review of the number of
citations, arrests, and other enforcement activities under laws
that are allegedly enforced selectively against homeless people.
Additionally, this bill requires local law enforcement agencies
to make public the records of citations, arrests and other
enforcement activities under laws that are often selectively
enforced against homeless people and to report these records to
the Attorney General's office annually.
The East Bay Community Law Center argues that tracking this
information is vital to improved homeless policy in California
because "we cannot address the problems of discriminatory
enforcement-a problem well attested by anecdote, departmental
statements of policy, and historical reason - without good
information on enforcement practices. [And] we cannot adequately
evaluate policies of criminalization without good information."
ARGUMENTS IN OPPOSITION : This bill is opposed by many local
government agencies and business groups. Among others, the
League of California Cities, California Downtown Association,
and California Special District Associations jointly state:
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We recognize the interconnectedness of safe, decent, and
permanent housing when addressing other needs of
California's homeless population, such as mental health or
substance abuse treatment, and unemployment. However, any
solution must strike a balance between promoting health and
safety for all residents and respecting the local
designation of resources. Unfortunately, AB 5 would create
costly mandates, blur the line between local jurisdiction
authority, and undermine the local decision making process.
Specifically, AB 5 would:
Increase costs for local law enforcement at a time
when funding for public safety is scarce by requiring
the annual compilation and reporting of statistics on
violations related to obstructing a sidewalk, loitering,
sitting, lying down, sleeping in public, soliciting
donations, bathing in public places, sleeping in a
vehicle, jaywalking, and trespassing.
Usurp local authority by prohibiting the
enforcement of existing local ordinances if the county
does not maintain year-round nonmedical assistance and
there are fewer than 50 people on the county's public
housing waiting list. Special districts and cities do
not have authority over county actions, and yet they
would still have their local authority hindered based on
the counties actions.
Provide civil and criminal protections for local
agency employees who make that agency's property and
resources available for use or distribution to homeless
persons without the consent of that local agency.
Require every local government to have health and
hygiene centers with access 24 hours a day, seven days a
week to bathroom and shower facilities. This
requirement also confuses the autonomy of cities and
special districts regarding oversight and
administration.
Increase court costs and inhibit revenue
collection by guaranteeing persons the right to counsel
for failure to appear or pay bail, in addition to
providing ample opportunities to file a lawsuit and
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recover money.
Despite our opposition to AB 5, we share some common ground
with the intent of the bill. Local governments strive to
assist those in need by offering housing, mental health
counseling, and other services. As such, we believe that
other legislation introduced this year would more
appropriately create solutions for California's homeless.
These include AB 639 (J. Perez), which would repurpose
existing bond money authorized to assist veterans with
housing and SB 391 (DeSaulnier), which would provide a
reliable and steady source of affordable housing money.
REGISTERED SUPPORT / OPPOSITION :
Support
Western Regional Advocacy Project, Co-Sponsor
Western Center on Law and Poverty, Co-Sponsor
JERICHO: A Voice for Justice, Co-Sponsor
East Bay Community Law Center, Co-Sponsor
ACLU
Asian Law Alliance
Bernal Heights Neighborhood Center
Black Caucus of California Community Colleges
Building Opportunities for Self-Sufficiency
Caduceus Justice
California Alliance for Retired Americans
California Church Impact
California Coalition for Youth
California Communities United Institute
California Hunger Action Coalition
California Latinas for Reproductive Justice
California Nurses Association
California Partnership to End Domestic Violence
California Psychological Association
California Public Defenders Association
California Senior Legislature
Californians United for a Responsible Budget
Causa Justa: Just Cause
Cham Deliverance Ministry
City of Richmond
Coalition on Homelessness, San Francisco
Community Alliance
Community Food and Justice Coalition
Community Housing Partnership
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Community Resource Center
Compass Family Services
Disability Rights Advocates
Drug Policy Alliance
End Hunger Action Coalition
Episcopal Community Services, San Francisco
General Assistance Advocacy Project
Hamilton Family Center
Healthy Communities, Inc.
Homeless Action Center
Homeless Emergency Services Providers Association, San Francisco
Homeless Health Care Los Angeles
Homeless Youth Alliance
Hospitality House
Hunger Action Los Angeles
Hyde Street Community Services, Inc.
LA Human Right to Housing Collective
Labor/Community Strategy Center
Larkin Street Youth Services
Lawyers' Committee for Civil Rights of San Francisco Bay Area
Los Angeles Anti-Eviction Campaign
Los Angeles Community Action Network
Los Angeles Poverty Department
Mutual Housing California
National Association of Social Workers
National Coalition for the Homeless
National Economic and Social Rights Initiative
National Health Care for the Homeless Council
National Law Center on Homelessness & Poverty
Occupy Sacramento
Paratransit, Inc.
People Organized For Westside Renewal
People Organized to Win Employment Rights
Public Law Center
Rhode Island Coalition for the Homeless
Richmond Progressive Alliance
Sacramento Homeless Organizing Committee
Sacramento Housing Alliance
Sacramento Loaves & Fishes
Safe Ground Sacramento
Saffron Strand, Inc.
San Diego Hunger Coalition
San Francisco Labor Council
San Francisco Living Wage Coalition
San Francisco Local Homeless Coordinating Board
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San Francisco Senior & Disability Action
Sonoma County Task Force for the Homeless
South Hayward Parish
St. Anthony Foundation
St. John's Well Child & Family Center
St. Mary's Center
Swords to Plowshares
Tenderloin Neighborhood Development Corporation
Topanga Peace Alliance
Union de Vecinos
United Council of Human Services, Mother Brown's Dining Room
Venice Community Housing Corporation
Women Organized to Respond to Life-Threatening Diseases
Women Organizing Resources, Knowledge & Services
Women's Empowerment
343+ Individuals
Support if Amended
The Arc California
United Cerebral Palsy in California
Opposition
Air Conditioning Trade Association
Association of California Cities - Orange County
Building Owners and Managers Association of California
California Chamber of Commerce
California Apartment Association
California Association of Joint Powers Authority
California Business Properties Association
California Downtown Association
California Farm Bureau Federation
California Grocers Association
California Hotel & Lodging Association
California Manufacturers and Technology Association
California Park & Recreation Society
California Police Chiefs Association
California Special Districts Association
California State Sheriffs' Association
California Travel Association
Central City East Association
City of Bellflower
City of Buena Park
City of Concord
City of Corona
City of Cypress
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City of Lake Forrest
City of Palmdale
City of Menifee
City of Signal Hill
City of Thousand Oaks
Civil Justice Association of California
County of Lassen
Desert Water Agency
East Bay Rental Housing Association
Historic Downtown Los Angeles Business Improvement District
Hollister Downtown Association
Hollywood Property Owners Alliance
International Council of Shopping Centers
League of California Cities
Midtown Business Association
NAIOP of California, the Commercial Real Estate Development
Association
National Federation of Independent Business - California
NORCAL Rental Property Association
Orange County Business Council
Plumbing-Heating-Cooling Contractors Association of California
San Jose Downtown Association
Save the American River Association
South Park Community Benefit District
The Apartment Association, California Southern Cities
The River District
Western Electrical Contractors Association
Analysis Prepared by : Kevin G. Baker and Kelsey Fischer / JUD...
Developing...with further to follow on LBREPORT.com.
