County supervisors take steps to deal with homelessness in public areas

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The impact of the U. S. Supreme Court’s June 28 decision that people can be legally moved or face arrests and fines for sleeping in public areas is trickling down to San Benito County. 

The San Benito County Board of Supervisors on Aug. 13 took the first steps in approving an ordinance doing just that. A second reading of the ordinance is required and if adopted it will take effect in 30 days later.

The move is also in response to Gov. Gavin Newsom’s July 25 executive order that requires local jurisdictions to adopt policies to address encampments. He told the media Aug. 8 he would redirect money from jurisdictions that don’t show “demonstrable results” in reducing homelessness. 

San Benito County’s ordinance prohibits people from using certain public right-of-ways—within 500 feet of a park, school or daycare facility—for sleeping or living accommodations. Camping is also prohibited within100 feet of county creeks, creek embankments, railways and bridges, and also infrastructure such as water wells, storm drains and basins. The ordinance also bans sleeping on roads and sidewalks.

Violating the ordinance, or resisting, delaying or obstructing a county employee from enforcing the ordinance, is a misdemeanor that comes with up to six months in jail and/or a fine of $1,000. Violators will also face up to $2,500 in civil penalties.

According to the staff report in the Aug 13 meeting agenda, law enforcement prior to the recent Supreme Court decision “was prohibited from interfering with the homeless camps regardless of location, unless the agency could provide a bed for all the unhoused within their jurisdiction, a standard that is impossible for most agencies.” 

This refers to the 2018 Martin v. Boise case, which was reversed with the June 28 U.S. Supreme Court’s ruling. In the case Grants Pass, Oregon v. Johnson et al, the court ruled that the Eighth Amendment’s Cruel and Unusual Punishment Clause does not prohibit local jurisdictions from enforcing public-camping ordinances. 

San Benito County Sheriff Eric Taylor said the Boise decision has been a “thorn in our side.”

“That court case really tied our hands for a lot of years,” he said. “This is what we were hoping was going to happen.”

Taylor added, along with supervisors, that this ordinance will be enforced in a compassionate way but still hold those that break the law accountable. Taylor added the point is not to put people in jail.

“We are going to be very heavily weighted on trying to get people on their feet and get them pointed in the right direction,” he said. “We’re going to hold people accountable who are not following the rules.”

The homeless shelter, known as H.O.M.E. Resource Center, can serve 50 guests. It is located at 1161 San Felipe Rd. Building A and is operated by Community Homeless Solutions.

Taylor said if San Benito County does not address this issue, it will become a destination for people experiencing homelessness.

Supervisor Kollin Kosmicki pointed to the 2022 homeless point-in-place count that found 85% of 357 people experiencing homelessness had been living in San Benito County for less than a year.

“That says a lot about what can happen if you don’t have mechanisms in place to help people, if you don’t have a mechanism in place to keep our communities clean,” Kosmicki said.

In 2022, San Benito County had the second lowest number of residents reported experiencing homelessness since 2013, according to the point-in-time counts. The lowest count came in 2019 with a reported 282 people experiencing homelessness.

 According to the 2022 point-in-time count, there were 357 people experiencing homelessness in the county, with 56% reporting living in an RV, 24% in tents and 7% outdoors, such as on streets or in parks.

Supervisor Dom Zanger suggested the county partner with the Council of San Benito County Governments to provide transportation for residents that are removed from the public right-of-ways.

Kosmicki said he wanted a plan in place from day one.

“We know there is a compassionate element to this, but we also should be realistic that we have a whole lot of other residents whose neighborhoods are being destroyed,” he said. “We should also be compassionate about the fact that we cannot allow law breaking because someone is deemed homeless

Because the ordinance will be in effect for the unincorporated areas, Kosmicki called on the city of Hollister to approve a similar ordinance, saying the county’s efforts will be for nothing if the city doesn’t partner with the county.

The county conducted its biannual homeless point-in-time count on Jan. 31. Community Services and Workforce Development Deputy Director Enrique Arreola told BenitoLink the county received the draft report “a few weeks ago.” He added the report is being edited based on comments and is expecting it the week of Aug. 12. 

“The [Board of Supervisors] will then need to approve it. Until then, it will be made public,” he said.

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