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Modesto City Manager Errs on Homelessness

June 2, 2023 By Eric Caine 9 Comments

Modesto City Manager Joe Lopez might have second thoughts after citing Chico as an example of cities that have tried safe sleeping sites for homeless people and then found they “didn’t work.” Lopez made the remark in a May 24 meeting with members of the Modesto Citizens Action Group (MoCag). He may not have realized that MoCag members are well versed in matters of homelessness throughout California.

Consisting of a membership with experience ranging from real estate fraud through litigation and on into information technology, the MoCag group soon realized City Manager Lopez was mistaken.

The May 24 meeting at Modesto’s City Hall came about after MoCag members decided to lobby local officials for safe sleeping sites for homeless people. Recognizing that homelessness is a humanitarian crisis which most California cities and counties have treated like an outbreak of malicious malingering, MoCag’s growing membership has urged the City of Modesto and Stanislaus County to recognize that current housing and shelter options are insufficient for the needs of homeless people, many of whom are disabled, sick, elderly or mentally ill.

Sue Zwahlen Joe Lopez with MoCag members 24 May 23
(l to r) Steve Finch, James Costello, Mayor Sue Zwahlen, Modesto City Manager Joe Lopez, Richard Anderson, John Lucas

MoCag argues that the most cost-effective and humane tactics for managing homelessness at this moment are tiered housing options, including safe sleeping sites and transitional housing such as Pallet Shelters. MoCag members say that available spaces in traditional congregate shelters are far too few for Modesto’s burgeoning homeless population. They also know that many homeless people won’t accept the conditions imposed by congregate living for reasons ranging from claustrophobia to fear of separation from loved ones and pets.

Joe Lopez cited the  City of Chico after being asked for examples of cities where safe sleeping sites hadn’t worked — he’s opposed to safe ground for homeless people. Actually, Chico was smacked with a costly lawsuit when it tried to clear homeless camps in much the same way Modesto and Stanislaus County do now.

 

Disabled in Modesto, May, 2023
Disabled in Modesto, May, 2023

Warren vs Chico came about after April, 2021, when the Chico City Council voted to remove homeless encampments from local parks. After nine months of litigation, the city had to pay eight homeless plaintiffs monetary damages and their attorney fees. In all, Chico will be out close to a million dollars in attorney fees alone after violating homeless people’s rights with the sweep tactic, a common maneuver throughout California.

Chico also bought 177 Pallet Shelters for $1.7 million dollars as part of the settlement. Contrary to Joe Lopez’s claim, the City of Chico not only didn’t discontinue safe camping, it must now provide homeless people with safe sleeping sites, lockable units for storing belongings, drinking water, common areas and pet run areas, among other amenities.

The Chico suit developed from a growing awareness that chasing homeless people away from public places when they have nowhere else to go amounts to cruel and unusual punishment as determined by Martin vs Boise, a 9th Circuit Court of Appeals ruling in April, 2019. In December, 2019, the United States Supreme Court denied a petition by the City of Boise to review the ruling.

Near Pike Park Modesto, 29 May, 2023
Streets of Modesto, 29 May, 2023

Michael Bern, lead pro bono counsel for the law firm representing homeless people, said after the Supreme Court ruling,

“We are pleased that the Supreme Court has let the 9th Circuit’s holding stand… As the Department of Justice recognized earlier in this case, ‘[c]riminalizing public sleeping in cities with insufficient housing and support for homeless individuals does not improve public safety outcomes or reduce the factors that contribute to homelessness.’ With today’s decision, we hope that cities can redirect their efforts to identifying meaningful and constitutional solutions to the problem of homelessness.”

Cities and counties throughout California continue to violate the spirit of Martin vs Boise by chasing some of the most vulnerable among us from place to place when they have nowhere else to go. Now, even large cities like San Francisco have been called out for their violations of homeless people’s rights. Contrary to the views of Joe Lopez and others who defend rousting homeless people, Warren vs Chico has reaffirmed the need for cities and counties to “redirect their efforts to identifying meaningful and constitutional solutions to the problem of homelessness.”

 

 

 

Filed Under: Politics Tagged With: Homelessness and Poverty in Stanislaus County, Homelessness in California, Homelessness in Modesto, Homelessness in the San Joaquin Valley

Reader Interactions

Comments

  1. Lisa says

    June 3, 2023 at 3:11 pm

    Why is it that Modesto has so many homeless people? Where are they all coming from? And I’m sorry, sleeping in front of businesses pushing your suitcase down McHenry, leaving your junk all over town. Shopping carts filled with junk and then they leave those. Someone needs to take control of the homeless situation Because it’s getting worse every day.

    Reply
    • Richard Anderson says

      June 3, 2023 at 7:55 pm

      I sure what you are talking about. I see those “abandoned” shopping carts too.
      I also know that some carts of possessions are temporarily left because the homeless person has to go into a building, or go whatever they need to go, then they will return to move on with their cart of meager possessions.
      In Eric’s 4th paragraph above, he mentions their fear of separation from pets or loved ones. The third P that homeless fear is separation from Possessions.
      The new Low Barrier Shelter in the north end of the Berberian Salvation Army allows all three P’s- Pets, Partners, and Posessions, but a limited amount of stuff.

      Reply
    • THEROOTMATTERS says

      June 3, 2023 at 8:32 pm

      Lisa,

      The growth in homeless people is the only thing growing in Modesto and Stanislaus County, because the cities within this county do not have enough jobs period, for all levels and types of skills. Add to that fact what jobs do exist is not paying enough to keep up with all residents earning enough to match the REAL COST OF LIVING.

      I know I am not teaching you anything you do not already know, Lisa. I am reminding you and readers that given those facts more and more people will be living outdoors, as more businesses go under and more home owners rent out for more and more money.

      No one seems to want to give an inch when it comes to fixing this merry go round. But many want to complain when the homeless lose their ability to cope with the trauma.

      Why not complain to your City Council and Board of Supervisors, that they have legal fiduciary obligations to support the homeless citizens with encampments that will service their needs to stay safely in place amongst others they can build relationships with.

      They can purchase a 40+ acre ranch/farm with water and electricity, on Yosemite Blvd. where many can encamp/park, while tiny homes/pallet homes, etc. can be built, that is available right now for hundreds less than $2M. That acreage and pricetag beats the recent 9th Street, Modesto purchase that will house 53 people and a small number of tiny homes or pallethomes.

      A ranch or farm can be productive to help cover expenses. Demand these city and county elected officials, who work for you and the homeless, be proactively looking for land to purchase asap…

      Reply
      • Anthony says

        June 3, 2023 at 9:59 pm

        I’m sorry if I sound like a jerk,but I really do believe if these democrats stop rejection on a border wall to prevent fentylal and all other drugs that’s making it worse,than what’s already here,,,what do you think…

        Reply
      • James says

        June 4, 2023 at 9:44 am

        Lisa sounds like you have some great ideas you should think about running for a council seat.

        Reply
  2. LOU VALERO says

    June 3, 2023 at 3:55 pm

    Perhaps, Joe Lopez was referencing what happened TO Chico, as what had not worked FOR Chico. JUST LIKE Chico, Modesto MAY NOT play childish board games, where it moves “REAL LIVE HOMELESS PEOPLE” all over the MAP, where they think it suits Joe Lopez and others who ALREADY have had, via COURT DECISIONS, THE LEGAL OBLIGATION and THE LEGAL RESPONSIBILITY to NOT MOLEST (TROUBLE) the homeless who have NOT enough shelters or day care to rest their weary bodies.

    PERSONALLY, I do not care if Joe Lopez and the others HOLDING UP LEGAL PROCESS, like or DO NOT LIKE the courts decisions on this matter, that already had it’s days in court. MoCag’s city (and county) is in violation of, and quilty of obstructing, the law as it stands #@THISVERYMOMENT.

    The RULINGS are already in. Martin v Boise, 9th DISTRICTS holding, and Warren v Chico, right here in THE STATE OF CALIFORNIA, with a huge chaser of THE UNITED STATES SUPREME COURT.

    NO MORE ILLEGAL SWEEPS. FIND A WAY TO PUT SOME SAFE GROUND UNDER THE BODIES OF THE HOMELESS. THE MONEY BEING SPENT ON PLACING A SALVATION ARMY DAY CENTER ON 9TH ST. WOULD HAVE BEEN BETTER SPENT ON THE PURCHASE OF A GOOD SIZED CHUNK OF LAND, FOR AN ENCAMPMENT. YA THINK

    WHAT DO WE WANT NOW: CHANGE! WHEN DO WE WANT CHANGE: NOW!

    Reply
  3. THEROOTMATTERS says

    June 4, 2023 at 12:24 am

    People who know how to: regenerate land to replenish the top soil with organic permaculture methods; bring back water to the land using yeoman or silvo pasture methods; a food forest which the ag extensions support growing; build single room straw bale structures; or all of the above, could be demonstrated on a local farm or ranch to teach a homeless encampment of able bodied men and women how to sufficiently survive and prove to the community that using these carbon sequestering models can
    grow nutrient dense food that by far outweighs the quality and quantity of food grown per square foot, in comparison to produce that is grown using chemical outputs and heavy fossil fuel powered equipment.

    Strawbale structures use a minimum amount of wood, in comparison to the cost of building wood or steel framed homes. They can last for hundreds of years (in snow and sleet zoned environments), are extremely cost efficient, plus, qualify as zero carbon, even, solar passive if planned to position correctly to the sun’s path. Rather than spend the money on pallethomes or tiny houses, strawbale is faster and much more cost saving.

    Remember the Paris Agreement wants all buildings to be ZeroEmission (ZE) soon.

    The city and county could be a role model to other cities and counties on how to truly care for many of their homeless populations while passing on fun skills. Any one who has not experienced the joy of learning how to build with strawbales, naturally dye and apply the mud on the interior and exterior walls, is truly missing out. It can be a community activity, like barnraising. Some homeless could have the enjoyment of building single or couples dwellings.

    Strawbale can also be used to build larger activity/function/dining halls, multi-room and/or multi-floor housing, with roof patios or greenery roofs. Containment and privacy walls can be built very attractively with strawbales.

    All the cities and counties need to change zoning sooner than later to make room for much more housing. A farm or ranch with a home already on the property may already be zoned residential.

    Let’s put Stanislaus County or one or more of its cities on the map, and, at least give Modesto a new reputation as being an upbeat, innovative, growth oriented place to live, where people are allowed room to try things new, and reinvent a youthful business culture.

    Most of Modesto has been stale with out-dated ways of planning and functioning. Let’s not be afraid to attract new fresh life and ideas to a newly invented, refreshed, safe city that is not holding itself back from all it can be. New money will follow.

    Reply
    • THEROOTMATTERS says

      June 6, 2023 at 7:04 pm

      Because I wrote above about an encampment perhaps being located on a farm or ranch, the following stood out to me:

      2024 Presidential Campaigner, Robert F. Kennedy, Jr, who is not an anti-vaxxer, despite efforts to blackwash him as such, commented on a recent interview, that the US needs us to focus on Regenerative Farming.

      RFK, Jr, also stated recently that anyone who does not believe in Climate Change ought to be jailed. I do not go that far, yet we do need to do all we can to change our predicaments and pass on good news.

      Let us focus as he pointed out on what Regenerative Farming is, so we can learn it’s benefits to heal the land. Let us not fear this paradigm shift within our Valley and elsewhere.

      May I suggest typing in “Regenerative Farming books or articles on your search page. There are some interesting reads or audio books that you may find very helpful not only for technique but merely for understanding all the healthy reasons for growing Regeneratively. Researchers can go on Amazon, and click on a Kindle book or Audible book and read or hear a sample, free of charge. No need to make a purchase. I am not pushing Amazon

      Not only will our bodies continue to suffer with Conventional Farming and CAFOs, but our Earth is suffering much harm to the Climate. We come from a long line of pioneers so let’s not hold back now from our ability to go on discovering.

      Please find out how what I voiced above is possible. Fascinating stuff! Do not only ponder, but do apply in yard or farm. Food will have flavor again and food will be nutritionally denser. And ecosystems will regenerate…

      Grocery store produce is missing flavor. That is why we eat so much processed food. I think.

      Manufacturers of fake processed food add chemical flavorings to make food taste like food. Those added chemicals are toxins, and, the plants used are devoid of many quantities of vitamins and minerals, when grown with fossil fuel derived fertilizers and pesticides with methods used on Conventional farms.

      I know this goes counter to what many farmers think and grow. Thus my earnest suggestion is to learn what the difference between the two are.

      Thank you for your time!

      Reply

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  1. Modesto City Manager Errs on Homelessness | Brightgram says:
    June 2, 2023 at 11:50 pm

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