After facing backlash following the passage of the encampment ban on Feb. 11, the Fremont City Council voted on Tuesday to amend the ordinance, removing the controversial “aiding and abetting” clause. The revision, jointly referred by Mayor Raj Salwan and Councilmember Kathy Kimberlin, eliminates language that raised concerns about penalizing individuals and organizations providing aid to unhoused residents.
“It’s a big misinterpretation that our beloved nonprofits, our faith-based organizations, and agencies could suffer criminal repercussions if they continue to provide water, food and warmth for people who are unhoused,” Councilmember Kimberlin said.
Section 8.90.060(b)(1), which includes the controversial aiding and abetting language, has drawn sharp criticism from advocacy groups across Fremont. The California Homeless Union and others have taken legal action against the city, condemning the ordinance as a cruel and punitive measure.
“It’s on its face unconstitutional,” said Anthony Prince, attorney and general counsel for the California Homeless Union.
The amendment seeks to strengthen the city’s partnership with community organizations while upholding health and safety standards. However, critics remain unconvinced. Sabyl Landrum, senior staff attorney at East Bay Community Law Center, warned that even without the aiding and abetting clause, the provision still applies under Section 1.10.040 of the Municipal Code. Speaking before the council, she argued the revision falls short.
“This proposal, while I think was intended to accomplish something, actually doesn’t do anything in the end,” Landrum said. “Unless you change this ordinance to explicitly state what is not allowed and not just verbally state what you do not intend, it doesn’t do anything.”
Many residents seized the moment to push the council to go further and repeal the ordinance entirely. Richard Godfrey warned that the city is straying from its “compassionate” reputation and called for meaningful, lasting solutions to Fremont’s homelessness crisis.
“I urge you to work in a direction to solve this issue with practical solutions,” Godfrey said.
Barbara Taylor, representing the advocacy group Braided Bridge, took the podium during public comment and demanded an end to the camping ban. Having worked closely with unhoused individuals, she has witnessed their struggles firsthand and insists the revision is insufficient to address the root issues.
“It’s not right,” Taylor said. “You guys gotta do something that works for them, not against them.”
