SB 608 (Liu) The Right to Rest Act

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League Opposes

SB 608 contains no solutions for homelessness. It contains no new programs, no funding for housing, and no effort to improve services. Instead, it creates a special set of exemptions and privileges for one group of people and undermines the equal applicability of laws.

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Letter will be sent to: Senator Carol Liu

Please modify this letter as needed to express your city’s support or concerns for the issue at hand (salutation is automatically added):

Dear Senator Liu,

On behalf of the CITY OF CITY, I write to inform you of our opposition to your SB 608.  While the measure is well-intended, we do not believe it would make a positive contribution to combatting homelessness in our state and within our communities.

SB 608 would enact The Right to Rest Act, which would provide homeless persons the right to use public space without discrimination based on their housing status. It would describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions or harassment, including the right to:

- Use and to move freely in public spaces…without time limitations that discriminate based on housing status;
- Rest in public spaces* and to protect oneself from the elements in a nonobstructive manner;
- Eat, share, accept or give food in any public space in which having food is not prohibited; 
- Perform religious observances in public spaces without discrimination based on housing status; and 
- Occupy a motor vehicle or a recreational vehicle legally parked or parked with the permission of the property owner.

The bill defines public spaces as any property that is owned, in whole or in part, by any state or local government entity of any property upon which there is an easement for public use and that is held open to the public including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks.

SB 608 would exempt conduct that is protected by the bill, as described above, from the definition of the crime of disorderly conduct.  Finally it would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing party injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and attorney’s fees and costs.

SB 608 contains no solutions for homelessness. It contains no new programs, no funding for housing, and no effort to improve services. It creates a special set of exemptions and privileges for one group of people and undermines the equal applicability of laws.

[IF YOUR CITY HAS EXPERIENCED SPECIFIC ISSUES REGARDING HOMELESS PERSONS OCCUPYING PUBLIC AND PRIVATE PROPERTY, PLEASE INSERT THOSE EXAMPLES HERE.]

We believe that real solutions lie in providing resources for affordable housing and for treating underlying problems, not creating a special set of exemptions, privileges and rights for the homeless to occupy public and private property without complying with laws that apply to all others in society.  Such an approach would create social disorder and undermine the ability of all others to access clean and non-threatening public spaces, while jeopardizing property rights and the economic viability of local businesses.

While we oppose the approach of SB 608 we share your desire to address the root causes of homelessness. To do so we must work together to provide more resources for affordable housing such as those proposed by AB 35 (Chiu and Atkins) which increases affordable housing tax credits by $300 million and AB 1335 (Atkins) which would provide a permanent source of funding for affordable housing. These bills represent more constructive approaches to solving this chronic problem.

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SB 608 (Liu) The Right to Rest Act

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