San Diego City Councilmember Considering Ordinance Banning Sidewalk Encampments

Sidewalk encampments could be a thing of the past if San Diego City Councilmember Stephen Whitburn's ordinance to ban them passes.

San Diego's sidewalk sleeping crisis reached an all-time high in January, with nearly 2,000 people living without shelter, according to the Downtown Partnership’s monthly count.

Though that number dropped to about 1,700 in March, over time it's spawned a number of public health and safety issues.

“We've had people hit and killed by cars,  people die from hepatitis and are sickened by shigella. We've had random attacks on people,” Councilmember Whitburn said.

Whitburn is planning to propose a tough, new ordinance to the Land Use and Housing Committee Thursday, banning encampments on public property citywide.

The proposed ban would only be enforceable in most areas of the city if there's housing available for people displaced — because of federal law.

In certain areas, the proposed encampment ban can be applied 24/7, according to Whitburn, even if housing is not available, because of public health and safety concerns.

“We cannot allow, at any time, encampments in a two-block radius of schools. We’ve had too much disruption to school children. Same thing with the canyons. If there is someone living in the canyon they would have to move because we've had too many fires started from people trying to keep warm and cook food," explained Whitburn.

But not everyone thinks the plan is a good idea.

“It’ll just move people around. It’s a shell game the city plays to make it look like they're doing something when they're not," homeless advocate Michael McConnell said.

McConnell said the proposed ban is just another attempt to criminalize the homeless population and said it will make the problem even more visible.

“The hundreds of folks in the riverbed, they’re going to become more visible because they'll be in the neighborhoods and business areas," McConnell said.

Whitburn said he doesn’t believe that’s likely because of steps the city is taking to add housing.

“What we are doing in San Diego is really advancing the number of shelter beds and other options we have for people who are unsheltered," the councilman said.

“What help?“ retorted McConnell. “I try to explain, there’s an incredible lack of help shelters, substance use services,  mental health services. Article after article tells how it’s hard to get assistance in the city for homelessness."

Whitburn said unhoused people who are offered shelter and don't take it will have a sort of three strikes policy first involving social workers, then the police. If they still refuse help after multiple warnings or citations, it could lead to possible arrest.

"Our goal is to get folks into a better, safer place. Shelter, housing, connected to services. It's better for them and the entire city,” said Whitburn, who said he’s also working on a plan to turn parking lots into safe sleeping spaces where services can be offered.

He said it's similar to what the city of Denver, Colorado is doing.

His encampment ban proposal will be presented to the Land Use and Housing Committee on Thursday at 1 p.m. at City Hall. If approved it would have to be voted on at a later time, by the full council.