Riverside Council Adopts Urgency Ordinance on Homeless Encampments

The Riverside City Council voted 6-1 last Tuesday night to adopt an urgent ordinance prohibiting camping on public property near schools, shelters, and parks. The measure aims to address public health and safety concerns but faced criticism from some residents and advocates who argued it could criminalize homelessness.

The ordinance makes it unlawful to camp within two blocks of any elementary, middle, or high school citywide, within two blocks of any shelter citywide, and in any park, provided signs are posted prohibiting camping. It also bans camping in wildland-urban interface areas like the Santa Ana river bottom.

Interim City Attorney Jack Liu said the ordinance was prompted by a recent U.S. Supreme Court decision in City of Grants Pass v. Johnson, which held that ordinances prohibiting sleeping or camping on public property do not constitute cruel and unusual punishment when applied to individuals experiencing homelessness.

"Justice Gorsuch laid out the reasons why a constitutional republic as the United States was founded by our Constitution, gave power back to local municipalities and states and allowed local governments by their elected officials and city government and experts to decide whether or not and how to address the issue of homelessness and encampment," Liu said.

The city reported 605 unsheltered homeless individuals in 2023, an 18% increase from the prior year. Fire officials responded to 848 vegetation and rubbish fires in open spaces last year, all suspected to have resulted from human activity. The city also counted approximately 730 encampments and collected over 267 tons of trash.

Councilmember Jim Perry, who moved to approve the ordinance, said it was a step in the right direction to address concerns from constituents and businesses.

"I have constituents who finally say when does somebody stand up for us because they can't go to the store, they can't take walks," Perry said. "Businesses have closed and left this city."

However, the measure faced strong opposition from some residents and homeless advocates during public comment. Many argued it would further criminalize homelessness without addressing root causes or providing adequate alternatives.

"Penalising them for merely trying to survive on public property only deepens their trauma and marginalization," said Adam W., president of the Unitarian Universalist Church of Riverside. "As long as there are not enough shelters or affordable housing units to meet the needs of every person, we cannot morally justify laws that force people into hiding or expose them to criminal penalties for having no place to go."

Councilmember Clarissa Cervantes, who cast the lone dissenting vote, expressed concerns about the ordinance's effectiveness and potential negative impacts.

"Research has proven to tell us time and time again this isn't effective," Cervantes said. "And I actually feel it's very misleading for this report to say that this isn't going to cost anything. This is going to cost millions of dollars if we allow this to continue beyond a couple of months or even a year."

Cervantes called for exploring alternative solutions like designated camping areas and improved access to services. She urged the council to instead refer the issue back to the Housing and Homelessness Committee for further discussion.

Other councilmembers defended the ordinance as necessary to maintain public health and safety while still providing outreach and services.

"What's not part of this ordinance is it does not reduce our shelters, it does not reduce our shelter hours, it does not reduce outreach," Perry said.

The urgency ordinance takes effect immediately. City staff said they will continue efforts to connect homeless individuals with available services and shelter options.