The City of Brea has long restricted camping on public property. The relevant City Code provisions include Section 12.00.050(A)(14), which prohibits camping at any park, recreational facility, or trail without written authorization from the Community Services Department. They also include Section 12.04.040, which, among other things, prohibits sitting on a public sidewalk in a manner that obstructs free passage.
The California Supreme Court ruled twenty-five years ago that anti-camping ordinances are “facially” constitutional. In this decision, the court emphasized: “a city not only has the power to keep its streets and other public property open and available for the purpose to which they are dedicated, it has a duty to do so.” [Tobe v. City of Santa Ana, 9 Cal.4th 1069, 1109 (1995).]
However, last year, the Ninth Circuit U.S. Court of Appeals issued its final opinion for a ruling that anti-camping ordinances cannot be enforced against homeless individuals when alternative shelter is unavailable to them. The court explained this ruling by stating that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.” [Martin v. City of Boise, 920 F.3d 584, 618 (2019).]
Even before this ruling was issued, the Cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Orange, Placentia, Stanton, Villa Park, and Yorba Linda were finalizing a Memorandum of Understanding For the North Orange County Service Planning Area (“North SPA MOU”) to provide for the establishment and operation of new homeless shelters. Through the North SPA MOU, Brea contributes to the acquisition, construction, and/or operation of new homeless shelters in Buena Park and Placentia. Additionally, Brea is able to utilize a portion of the capacity of such facilities, as well as a portion of the capacity of an Anaheim homeless shelter.
After the North SPA MOU was executed, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Los Alamitos, Placentia, Stanton, Villa Park, and Yorba Linda entered into a Settlement Agreement with Orange County Catholic Worker and certain individuals to resolve U.S. District Court litigation in the case of Orange County Catholic Worker et al. v. Orange County et al. (Case No. 8:18-cv-00155 DOC (JDE)). The Settlement Agreement further memorializes the cities’ commitment in the North SPA MOU to fund, construct, and operate new low barrier homeless shelters. Additionally, the Settlement Agreement establishes protocols for the cities to enforce their trespass, loitering, and anti-camping ordinances against homeless individuals. In general, absent exigent circumstances, the protocols are as follows:
- Outreach and Engagement (“O&E”) personnel first will offer an appropriate immediately available shelter placement in the North SPA (first option) or in the County (second option).
- If the individual accepts the offered placement, then O&E personnel will provide transportation to the placement and will assist the individual in finding necessary transportation to and from scheduled appointments and work.
- If the individual declines the offered placement, then the individual will be given a warning and an opportunity to leave the location.
- An individual who declines the offered placement and fails to relocate after being warned may be cited or arrested.
As a result of the homeless shelter capacity available through the North SPA MOU and the protocols set forth in the Settlement Agreement, it is appropriate for the City of Brea to update its restrictions on camping on public property. The proposed Ordinance is substantively identical to the Santa Ana ordinance upheld by the California Supreme Court in 1995.
Ordinance No. 1217 was introduced at the September 15, 2020 City Council Meeting |