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Council amends ordinance to allow misdemeanor enforcement for illegal camping and storage after state guidance

4136375 · June 18, 2025
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Summary

The council approved an ordinance change to allow officers to charge certain crimes as misdemeanors related to illegal camping and storage on public rights-of-way; proponents said the change supplements outreach and services and follows recent court and gubernatorial guidance.

The El Centro City Council approved an ordinance amendment intended to strengthen the city’s tools for addressing illegal camping and storage of property on public rights of way while emphasizing outreach and services for people experiencing homelessness.

Lieutenant James Thompson presented the proposal and said a long-running Ninth Circuit precedent (Martin v. Boise) had limited enforcement options; after the U.S. Supreme Court decision changing that framework and a gubernatorial directive in May, municipal law-enforcement roles were reopening. “It pretty much decriminalized…where they slept at night,” Thompson said of the older precedent; he added that recent state guidance and the Supreme Court ruling allowed cities to reconsider enforcement tools. Thompson said the ordinance change would let officers charge certain crimes as misdemeanors when individuals refuse offers of services and continue criminal behavior.

Council members and staff emphasized continued use of outreach and treatment referral: Thompson said officers would continue to offer behavioral-health and substance-use-disorder program referrals and that criminal enforcement would be considered when individuals repeatedly refuse services or engage in criminal acts. A local business representative who spoke during public comment said enforcement needs to be tailored to individuals and not a blanket policy. Several council members described the change as a tool, not a complete solution, and said it must be paired with shelter and service options.

Council made a motion to approve the ordinance amendment; the motion passed 5-0. Officials said they plan coordinated outreach and will return with implementation details as the department develops operational procedures.