4–1 Vote: OC Supervisors Approve Encampment Ban, Sarmiento Opposes

SANTA ANA (CNS) -- Orange County supervisors Tuesday adopted an ordinance guiding how law enforcement deals with homeless encampments in unincorporated areas in light of a U.S. Supreme Court ruling.

"We got the help we needed from the Supreme Court," Supervisor Don Wagner said. "And what this is doing is making sure that our sheriff has the tools in the unincorporated areas necessary to enforce that decision and to help ultimately the people who are homeless, and to the folks who are our in the community and are having to deal with homeless encampments in their parks and in their place of business."

The ordinance allows the county to arrest and fine homeless people camping in county parks or other county properties, including flood control channels. It follows a Supreme Court ruling from last year that lifted a previous ban on arresting people for sleeping in public places when no shelter beds were available.

Board Vice Chair Katrina Foley said the ordinance stems from a memorandum of understanding with Costa Mesa, Newport Beach and the state and the OC Parks department.

"There were no uniform protocols," Foley said.

The ordinance is not meant to just give free rein to dismantle encampments, Foley said.

"We also do this with a complement of care coordination at the side of law enforcement so that these people need help know we are here to help," Foley said.

Adopting the ordinance also ensures the county remains eligible for federal and state funding for homelessness, Foley said.

"It's just one tool in our tool belt as it related to a lot of our different supports we have to end homelessness here in Orange County," Foley said. "We are here to help but we also need to keep the community safe. We need to keep people from illegal camping in our parks."

Orange County Supervisor Vicente Sarmiento was the lone no vote.

"I think this county became a model for how you address homelessness," Sarmiento said.

The board had adopted a system of care that involved breaking up encampments while providing shelter and other services under previous law before the Supreme Court ruling. Under that law, municipalities were required to provide shelter before breaking up encampments.

The county's system was the result of a settlement in federal court that came out of a large encampment along the Santa Ana river and throughout downtown Santa Ana and in other cities.

"I certainly appreciated all of the work that was done when I was mayor in Santa Ana," Sarmiento said. "Unfortunately, we don't want that dismantled or eroded, so I'm glad to hear that this is going to continue in some way."

Sarmiento said the ordinance is a "good effort," but, he added, "I think it's a departure from what the Catholic Worker settlement with the county did and invested in."

For instance, under the old law, transients were warned before law enforcement would disperse an encampment, Sarmiento said.

"I have trust and confidence sheriff's deputies will continue to enforce it in a way that's humane and follows the law," Sarmiento said.

Sarmiento said he continues to be concerned about how many transients are picked up, jailed, and then left in Santa Ana with little resources and ability to get back to where they were living before. He said he wants to see efforts to relocate transients back to where they were picked up to alleviate pressure on Santa Ana to accept more homeless individuals because the services they need are there.

LINK TO ARTICLE: https://abc7.com/post/orange-county-supervisors-approve-anti-camping-ordinance-allowing-arrest-homeless/18117855/