Topline:
California lawmakers passed a bill protecting residents' rights to provide food, water, and other basic aid to homeless people without facing criminal penalties.
The context: Following the Supreme Court's Grants Pass v. Johnson ruling, dozens of California cities have enacted or strengthened anti-camping laws. In February, the city of Fremont voted to criminalize "aiding and abetting" homeless encampments. The city removed that language from its camping ban in March, after public backlash.
The reaction: Advocates for the unhoused celebrate the bill as protecting good Samaritans and service providers, while some cities and law enforcement agencies initially opposed the legislation.
Read on ... for details about the bill's provisions and concerns about potential federal enforcement changes under President Donald Trump.
The California Legislature approved a bill Wednesday that supporters say protects residents’ rights to give food or other support to unhoused people without fear of breaking the law.
Senate Bill 634, authored by state Sen. Sasha Renée Pérez, prohibits cities from enacting or enforcing laws that stop people from assisting unhoused residents with basic survival.
That includes providing food, water, bedding, shelter, medical help and legal services. The bill was co-sponsored by the Inner City Law Center, a legal services nonprofit based in L.A.'s Skid Row.
Local advocates for the unhoused say the new law will protect service providers and good Samaritans.
“ You can’t say that it's a crime to give somebody a bottle of water or food or to provide them with legal services or medical services just because they don't have a home,” said Ishvaku Vashishtha, an Inner City Law legal fellow. “That is the fundamental premise of this bill.”
Why this bill?
The U.S. Supreme Court ruled last year in Grants Pass v. Johnson that cities can enforce camping bans even when homeless shelter space is unavailable.
After that ruling, dozens of California cities passed new laws banning homeless encampments — or strengthened their existing anti-camping laws.
California lawmakers pass bill protecting residents’ right to give food, water to unhoused people
In February, the city of Fremont in Northern California voted to criminalize "aiding and abetting" homeless encampments. The city removed that language from its camping ban in March, after public backlash.
But it was a warning sign to homeless-rights advocates.
“ I think this just highlighted the need for some degree of intervention and for drawing a line in the sand and saying enough is enough,” said Vashishtha, who worked on SB 634.
Dozens of cities around the country have bans on food sharing through new restrictions linked to public property or food safety, according to the National Alliance to End Homelessness. And some local leaders have been critical of programs that feed unhoused people in public places, arguing that they enable street homelessness.
In 2021, the city of Santa Ana in Orange County stopped nonprofit Micah’s Way from running a program to feed unhoused people by refusing to grant the necessary permits.
The organization filed a legal complaint against Santa Ana, arguing that feeding the hungry is protected religious activity under federal law. The U.S. Department of Justice filed a statement supporting Micah’s Way’s argument.
In 2018, the city of El Cajon in San Diego County cited a dozen people for feeding unhoused people in a public park during a hepatitis A outbreak.
What’s next?
The new law would not override any local ordinances, including public health laws.
With President Donald Trump’s recent executive order seeking to overhaul the way the U.S. manages homelessness, advocates worry more cities will try to make it illegal to help unhoused people.
“ We are concerned about this being the start of something dangerous and trying to nip that in the bud,” said Mahdi Manji, Inner City Law Center’s policy director.
Several California cities, counties, towns, and law enforcement agencies have voiced opposition to the legislation, though many dropped that opposition after amendments to SB 634.
The legislation now heads to the desk of Gov. Gavin Newsom.
