San Jose expands hours for sleeping ban on downtown streets

San Jose City Council says it will extend the hours of its ban to prevent people from sleeping on the sidewalks downtown. The current policy says anyone sleeping on the street has to be off the sidewalk from 10 a.m. to midnight. Now that period has been extended two hours to start at 8 a.m.

The rainy weather highlights why both homeless advocates and city officials say they’re concerned about people sleeping on the streets. Still, some advocates say it’s not going to help people and others believe it’s the right thing to do.

Local perspective:

"Actually, I don’t believe they should be able to sleep on the sidewalk, period. First it’s a safety hazard, and it’s very disruptive to business owners," said Chris Patterson-Simmons, owner of Neu 2 U Thrift Boutique. 

Patterson-Simmons has been operating her boutique on East Santa Clara Street for 13 years and is also President of the East Village San Jose Business Association. She says she supports the city council’s decision to extend the sleeping ban to keep people from sleeping on the sidewalk.

"It hinders people from wanting to shop because they don’t know what their mental state is, if they’re going to bother them or ask them for money. It shouldn’t be that way," said Patterson-Simmons. 

What we know:

The vote by San Jose City Council on Tuesday was unanimous. People will have to be off the sidewalks by midnight. If someone is asked more than once in a 30-day period to move, they could receive a citation or be arrested.

"I would imagine that when you’re wet, you’re out there in the elements, it’s tough. So, it’s best for them to be inside a shelter where they can get all the help they deserve," said Bien Doan, San Jose City Council member Dist. 7. 

The sleeping ban includes the area from Hwy 87, north to Julian Street, east to Fourth Street and south at Hwy 280. It also includes East Santa Clara Street between 4th and 10th Streets. The new hours will start to be enforced in 90 days. 

The other side:

Still, one homeless advocate says unhoused people are being treated unfairly.

"You know what makes it easier for people not to have to walk around these people? Provide people with adequate housing and housing that they want to go to. Provide people with housing solutions that fit their needs, and then you won’t have people on the streets," said Shaunn Cartwright, Unhoused Response Group Co-founder. 

San Jose Mayor Matt Mahan also said in a statement:

"A vibrant downtown starts with safe, accessible streets," said Mayor Matt Mahan. "By adjusting the enforcement hours of the Pedestrian Facilitation Ordinance, we are taking a proactive step to ensure our shared public spaces are available for all residents, business owners, and visitors to enjoy. 

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