Governor Newsom’s plan outlines restrictions on camping in fixed locations or in areas that obstruct public access, such as sidewalks and parks. It also places a legal responsibility on local governments to make every reasonable effort to offer shelter before disbanding encampments. In alignment with this, Mahan’s proposal introduces a more assertive strategy: if a homeless person declines shelter three times within an 18-month period, they could face arrest. The mayor maintains that the focus of his plan is not punitive but rather structured to ensure that individuals receive the necessary care and shelter instead of continuing to live in unsafe, unsanitary public spaces.
Mahan argues that the current system lacks the clarity and enforcement power needed to break the cycle of chronic homelessness. His proposal seeks to create clear expectations around accepting help, while also enhancing access to emergency housing, mental health services, and addiction treatment. He emphasizes that arrests would be a last resort after repeated refusals and that the goal is always to connect individuals with resources that can help them recover and rebuild their lives.
However, the policy is not without controversy. Several members of the San Jose City Council have expressed concern about the practical and ethical implications of arresting homeless individuals. Some question whether the city has the shelter capacity and support infrastructure in place to implement such a model effectively. Others are worried about the potential strain on law enforcement, courts, and jails, particularly if a large number of people meet the criteria for arrest. There is also the broader question of whether criminalizing shelter refusal can be justified in a region where affordable housing remains elusive and waitlists for supportive services are long.
Supporters of Mahan’s plan believe it strikes a necessary balance between compassion and accountability. They argue that allowing encampments to persist indefinitely poses risks to both public health and safety, as well as to the unhoused individuals themselves. The proposed approach aims to give people opportunities to accept shelter and only resorts to legal measures when those opportunities are repeatedly rejected.
The policy debate continues as Mahan works to build consensus among city leaders. Public input is expected to play a significant role, as residents, advocates, and business owners voice differing opinions on how to best manage the homelessness crisis in San Jose. Whether or not Mahan’s plan is adopted in full, it signals a shift toward more structured and potentially enforceable homelessness policies in cities across California.
