Proposed Ordinance Seeks to Ban Homelessness Near San Jose Schools

Proposed Ordinance Seeks to Ban Homelessness Near San Jose Schools
This March 11, 2014, photo shows tents set up along a pathway in the Jungle, a homeless encampment in San Jose, Calif. San Jose, the 10th largest city in the U.S., is at the heart of the Silicon Valley, a region leading the country for job growth, income, innovation and venture capital. Residents of the Jungle are well aware of the affluent world that lies just outside its borders. (AP Photo/Marcio Jose Sanchez)
Dylan Morgan
8/15/2023
Updated:
8/15/2023
0:00

San Jose Mayor Matt Mahan and others have crafted a new proposed ordinance to address homeless encampments near schools.

The announcement was made when Mr. Mahan, Councilmember Peter Ortiz, and two students spoke on this issue on Aug. 3 at KIPP San Jose Collegiate High School. The proposal would “prohibit encampments and vehicle dwellings from 150 feet within any licensed preschool, day care, or K-through-12 schools,” Mr. Ortiz said at the event.

City staff reviewed the proposed ordinance on Aug. 9, and if approved, it will be submitted to the city council in three months.

KIPP students said they have been followed and even threatened by homeless people near their school. This has reportedly been an ongoing issue, and students say they don’t feel safe.

Kim Vo, KIPP’s principal, recalls instances of homeless residents who have made their way onto school grounds.

“[There have been] incidents of the unhoused making their way onto the campus during the school day, and break-ins captured on the school’s security cameras,” she said at the event.

She added that addressing homelessness on campus has cost the school tens of thousands of dollars and that they’ve had to hire security.

One of the students, senior Fernanda Morales-Soto, said a homeless resident who lived in an RV near her school followed her home one day.

“Earlier last year, I was walking down home from school when I realized I was being followed by an RV resident. I am standing here today, fortunate enough to say that the individual left me alone after walking down a couple [of] blocks. However, the fact I had to experience this is unacceptable,” she said at the event.

She rarely walks to school anymore and said, “I have to ensure I’m focusing on my surroundings at all times.”

She said she’s glad about the city’s swift response, and it helps her feel safer walking to school.

Mr. Mahan sympathized with these students.

“Many of these students standing behind me this morning … spoke out because homeless neighbors were sleeping on school grounds and in school bathrooms. They spoke out because they were finding needles on their lunch tables,” Mr. Mahan said during the event. “Our students should not have to face the ramifications of our failure on homelessness.”

The city already had a regulation made in 2021 that prohibits tents, built structures, or other belongings that are constructed or stored, within 150 feet of school property. However, Mr. Mahan said it hasn’t been routinely enforced and called it more of an “informal guidance.”

Mr. Mahan has been clear with his plans to enact no-encampment zones. But back in April, he said he wouldn’t do so until San Jose had concrete solutions and more housing for the homeless, according to San Jose Spotlight.

Now he believes that change cannot wait, and he is looking to push these plans forward.

“We’ve got to create safe places. ... We cannot have a free-for-all on our streets,” Mr. Mahan said.

“There are a lot of places to park and camp that don’t have to be right next to a school,” he said. “We’ve got to give our students that peace of mind of having even just a modest buffer around their learning environment.”

Mr. Ortiz noted the seriousness of the situation and the duty he has regarding it.

“[This is] a serious public safety concern affecting various schools within the city of San Jose,” he said. “This isn’t a progressive issue or a conservative issue. This is an area where we should all agree. I have youth telling me about their concerns. … It’s my job to respond to their legislation.”

However, not everyone is fond of the new proposed ordinance, and some view it as the city trying to criminalize the homeless.

“I think this is just more criminalization of homelessness. They act as if all unhoused people are criminals,” said Shaunn Cartwright, a co-founding member of the Unhoused Response Group, according to KTVU. “Would you do that to any other minority group? You would not.”

Raj Jayadev, criminal justice advocate and founder of Silicon Valley De-Bug, is concerned about the precedent and message this will send.

“[This] sends a message to the rest of the city when you have elected officials starting from this depiction that the homeless are inherently dangerous and someone the city needs to protect its children from,” he said according to San Jose Spotlight. “It’s not just divisive, it’s cruel.”

“[Mahan should] try not to pretend he’s a hero for punishing people because they don’t have money,” Mr. Jayadev said. “[San Jose] is one of the most expensive places to live.”