Committee recommends Board consider ordinance restricting sleeping and cooking in San Francisco parks

The Government Audit and Oversight Committee voted 2–1 on Dec. 5 to send an ordinance to the full Board of Supervisors that would amend San Francisco’s park code to prohibit creation of shelters, and to bar sleeping in parks during newly proposed overnight hours.

The ordinance, read into the record as Item 1, would amend park-code provisions (including section 3.13) to prohibit modification of park landscapes to create shelters and to prohibit sleeping in parks during the overnight period proposed in the bill. Ally Schlager, staff to the local homeless coordinating board, told the committee the local board reviewed the mayor’s initial ordinance and recommended three changes: keep the existing hours (10 p.m. to 6 a.m.) rather than expand them to 8 p.m. to 8 a.m. (a 4–2 vote); require explicit language that services be offered prior to issuing citations; and provide that if services are offered and agreed to, a citation should not be issued.

“The board unanimously recommended that the ordinance should have explicit language stating that services should be offered prior to a citation given,” Schlager said, and added the board worried that citations could lead to entrance into the criminal justice system and barriers to housing.

Recreation and Park Director of Operations Denny Curran said the department supports the legislation as written and described the department’s approach as “service with enforcement,” adding the existing language supports that model. Joyce Crum of the Human Services Agency said the agency also supports the Rec and Park legislation and will continue to provide services through its homeless outreach team.

Public commenters were sharply divided. Eli Hernandez, a homeless advocate, argued the city currently has “about 1,500 shelter beds” and “a minimum of 6,000 people who are homeless,” and said expanding the ordinance would criminalize people without sufficient shelter capacity. Joya Von Distelow, another advocate, warned unpaid citations can lead to warrants and loss of access to housing benefit lists. Thomas Picariello, who identified himself as a shelter resident, cited Ninth Circuit precedent and urged the committee not to criminalize sleeping where shelter space is inadequate: “By passing this ordinance, I think the Ninth Circuit then will revisit that issue.”

Neighborhood and parks groups urged passage. Tom Harrison and David Lee, both identified as Rec and Park commissioners, said the ordinance gives park patrol tools to keep parks safe and to intervene earlier to prevent encampments from becoming entrenched. Dozens of neighborhood speakers described needle finds, trash and safety concerns around park grounds and said the ordinance would protect park users and maintenance efforts.

Chair Sean Ellsburn said he remained comfortable with the legislation as presented and moved to forward the item with a committee recommendation to the full board. The clerk recorded a 2–1 committee vote to send the ordinance to the Board of Supervisors. The committee noted Supervisor Dufty may propose amendments at the full-board meeting.

The Board of Supervisors is scheduled to consider the item at its next meeting; the committee record will be transmitted with its recommendation.