Poised to launch a legislative counter-offensive against transients and ne’er-do-wells, Chico’s proposed solution may run afoul of constitutional protections.
As in scores of other California cities and towns, there’s a perception that homelessness and crime are on the upswing in Chico. After approving a sit/lie ordinance in 2013, officials are back with a more stringent proposal, one clearly aimed at evicting transients from the city’s creekbeds, flood control channels and other open space.
While the city already bans “camping,” officials say their efforts are stymied by a 48-hour notice period. Occupants of some camps merely pack up and move a small distance, starting the process anew.
The proposal, up for consideration at a council meeting Tuesday, would eliminate that waiting period by prohibiting the storage of private property in public space.
New rules would also take effect in the downtown core. Possessing syringes or alcohol, urinating, defecating or leaving animal waste would all be specifically banned in City Plaza and in areas in front of City Hall.
While the proposal is certain to be cheered by some, Alan Schlosser, senior counsel with the American Civil Liberties Union of Northern California, said the ordinance may be overstepping Constitutional protections. Schlosser said that according to court rulings, officials cannot seize property from homeless people living outdoors unless the homeless have an alternative, like available unused shelter space.
“You cannot, under the Constitution, you cannot arrest people who are living in public and doing things that are needed to survive,” Schlosser said.
The meeting is scheduled to get underway at 6:30 p.m.