The ordinance would have prohibited camping, sitting and lying anywhere in public, as well as on private property. It also would have upgraded violations to a misdemeanor, meaning a potential year in jail and $1,000 fine.
But, rather than going to jail, the offender could choose to be taken to social services.
The goal, according to city staff, was to incentivize homeless people to accept help. A staff report said the ordinance is meant to help people who lack awareness of their mental illness, as well as others who haven’t accepted or responded to available treatment or intervention.
Some people, including many homeless service leaders, were in favor of the proposed ordinance as a way to help those in need.
Business owner Alex Moore spoke in favor, saying he sees a lot of people on the streets.
"The police department, we’ve talked to them dozens and dozens and dozens of times over the years, and they do not have the tools to do anything about it," he said. "As a business owner, it’s really, really frustrating. It’s hurting our economy in Eureka."
However, the majority were against the ordinance, claiming it criminalized homelessness.
They brought up concerns about a criminal record impacting someone's future ability to get a job or housing. Others asked how police would determine who to arrest for violations, since those stipulations were not clearly defined.
Some residents pointed out that Eureka recently declared itself a sanctuary city, which they saw as hypocritical.
Some attendees in the audience, many of whom were students at California State Polytechnic University, Humboldt, held signs reading "Hobo lives matter," "Eureka got you a misdemeanor for being unhoused" and "Housing not handcuffs."
Councilors ultimately voted down the ordinance 3-2.
"I recognize an intent to do something to change people’s lives," said Councilor Leslie Castellano. "But I think that this strategy will erode the trust that is needed to build long-lasting change while only having limited successes."
Councilors G. Mario Fernandez and Renee Contreras-DeLoach also voted against the ordinance.
"Homelessness isn't a behavior," Fernandez said. "It's an environmental and social condition that can't be easily regulated with fines and jail."
Councilors Kati Moulton and Scott Bauer voted to approve it, saying the city needs to do something to address the problem.
"It shouldn't have ever been published in this condition. It is far too broad," Moulton said. Still, she said, the ordinance may have some limited value.
This discussion follows a June 2024 U.S. Supreme Court ruling that found enforcing public camping laws is not cruel and unusual punishment. The decision upended previous legal precedent and prompted cities, like Eureka, to revisit their ordinances.
