Why — more than a few people ask — does Manteca not enforce “crimes” they perceive the homeless commit?

It was one of a number of points that Manteca Mayor Gary Singh and Interim Police Chief Stephen Schluer addressed Wednesday during a town hall on homeless issues.

The session was streamed over the city’s Facebook page and on the city’s website.

“Being homeless is not against the law,” Schluer said at the outset of the two-hour plus town hall.

The police chief noted there are things the homeless may do that constitute crimes, but being homeless per se is not one of them.

Schluer pointed out the erroneous perception that Manteca isn’t enforcing laws involving the homeless often stems from people seeing the homeless hanging out in parks or sleeping in public places.

Three key points Schluer made:

*The city is complying with the  9th District Court decision — Martin vs. City of Boise — issued in 2019  that, for the most part, means the city’s anti-camping ordinance is generally unenforceable at the current time.

*Citing the Eighth Amendment, the court held that homeless persons can not be punished for sleeping outside on public property in the absence of adequate alternatives.

*As more beds become available to house individuals, the city will continue to assess the enforceability of the camping ordinance to ensure compliance with the Martin decision and address matters on a case-by-case basis.

The city allows sleeping in public areas — not private property — from 11 p.m. to 6 a.m. — with reasonable exceptions the council carved out as allowed by the court.

That complies not just with the Martin decision but also the city’s settlement of a class action suit filed against Manteca  in 2015.

The carveouts are the Manteca Transit Center and the Moffat Community Center/Manteca VFW Hall. Both are on Moffat Boulevard.

The homeless — just like those residents that are housed — are allowed to use city parks. They can’t set up tents and such, however, nor can anyone else.

And, like all other residents, they cannot be in parks during hours they are closed. That is typically from 8 p.m. to 6 a.m. with exceptions as posted.

All jurisdictions within the 9th District that consists of the states of California, Oregon, Washington, Hawaii, Alaska, Idaho, Montana, Arizona — must comply with the Martin vs City of  Boise ruling.

Manteca joined a friend of the court brief with other cities in in bid to have the U.S. Supreme Court review the decision but the high court refused to consider an appeal. As such, the ruling stands and is the law of the 9th District.

Manteca is now operating an emergency shelter of sorts that allows the homeless to park vehicles and pitch tents in the fenced in area at 555 Industrial Park Drive where homeless support services are also available

The city is in the process of putting in place two portable structures to serve as dorms to accommodate upwards of 50 homeless.

At the same time, they are moving forward with planning needed to break ground on a homeless navigation center complete with “tiny houses” for transitional housing on part of 8 acres off of Carnegie Court located west of South Main Street.

The city has secured federal and state grants in excess of $18 million to develop the homeless navigation  center.

As the city adds beds, they are able to direct homeless to use them if there are any available.

Precisely how that would work hasn’t been addressed. It is likely as Schluer indicated, be on a case-by--case basis.

To contact Denis Wyatt, email dwyatt@mantecabulletin.com