A provocative proposal is before the city council of San Jose, the most populous city in California’s Silicon Valley. This proposal, if passed, would potentially allow for the arrest of homeless individuals who decline three consecutive offers of shelter.
Reports indicate that the proposal is championed by the city’s Mayor, Matt Mahon. It’s an unexpected move from the political leader of a Democratic, liberal-leaning city within the San Francisco Bay Area. This initiative is among the strictest deterrence measures against homeless encampments since the Supreme Court’s ruling in 2023, which made it easier to prohibit homeless individuals from occupying public spaces.
The proposal underscores growing frustration with the grim sight of ragged tents lining sidewalks and riverbanks, coupled with the erratic behavior of some individuals due to drug abuse or mental distress. California, home to about a quarter of the nation’s homeless population, has an estimated 187,000 homeless individuals.
According to reliable sources, Mahon argues that most homeless people do accept offers of shelter. However, he wishes to emphasize to the few who refuse, that as the city expands its shelter and temporary housing options, they bear a responsibility to move indoors. “I think we need a cultural change, a culture of accountability for everyone involved,” said Mahon. He clarified that he wishes to use the criminal justice system as a last resort, not as a mechanism to further complicate the lives of already vulnerable individuals.
California Governor Gavin Newsom, a Democrat and former mayor of San Francisco, has repeatedly encouraged cities to enforce encampment bans. Arrests for illegal lodging have surged in San Francisco, with its current mayor, Daniel Lurie, reinforcing the sentiment that outdoor living is not appropriate.
However, advocates for homeless individuals argue that strict action against encampments can be traumatizing and counterproductive. They suggest that forcibly moving these individuals can disrupt their search for stability, as important documents required for employment and housing might be lost.
“Pushing people with mental health needs or drug addiction into incarceration — without any crime committed — is both inhumane and ineffective,” said Otto Lee, president of the Santa Clara County Board of Supervisors. Lee, along with other county leaders, opposes the mayor’s proposal, advocating instead for more housing, beds, and services, rather than punitive measures.
The proposal does not mandate arrest after three rejected offers. Instead, it gives front-line outreach workers and police officers the discretion to decide when to escalate a situation. Furthermore, San Jose is establishing a new quality of life unit within the police department, comprised of six officers.
People who repeatedly violate the city’s encampment code of conduct could be sent to a recovery center for detox or petitioned for court-mandated mental health and substance use disorder care, according to Mahan. San Jose currently has nearly 1,400 shelter spots and plans to add another 800 by year’s end. Mayor Mahon reassured that individuals would not be penalized if beds were unavailable or if the only options were unsuitable.
This raises important questions about the balance between public order, individual freedoms, and the complex issue of homelessness.
