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Arrested for Camping: What Happens Next?

Arrested for Camping: What Happens Next?

A significant legal battle unfolded recently in California concerning the treatment of homeless individuals, culminating in the dismissal of a case that could have had widespread implications. A 77-year-old man named Wickey Two Hands was slated to be the first individual tried under Fresno's controversial anti-camping ordinance, which criminalizes public camping. However, on April 10, 2025, the judge dismissed all charges against him, raising questions about the effectiveness of such laws.

Two Hands was arrested last year during a police sweep aimed at enforcing the ordinance. After spending months navigating the legal system and attending multiple court hearings, the case was dismissed due to the city’s failure to prosecute within the legally mandated timeline. This raises an important question: What is the point of arresting homeless individuals if most cases rarely lead to prosecution or result in dismissals?

Several workers wearing orange shirts load a stroller filled with blankets and personal belongings into the back of a garbage truck.
Workers conducting a homeless encampment sweep in Fresno.

California has seen a surge in ordinances that penalize public camping, particularly following a 2023 U.S. Supreme Court ruling that empowered local governments to take action against encampments. Despite this, many local authorities are struggling to enforce these laws effectively. For instance, during a four-month period from October 2024 to January 2025, Fresno police arrested over 322 individuals under the new ordinance, yet only a fraction of these cases were pursued by the city attorney’s office.

Experts are voicing concerns over the wasted resources dedicated to prosecuting cases like Two Hands’. Ron Hochbaum, a law professor, highlighted the extensive time and financial commitments involved—from police officers to court clerks—suggesting that these funds would be more beneficially spent on assisting the homeless with housing solutions rather than legal battles.

Local activists and community members rallied around Wickey Two Hands during his legal proceedings, emphasizing the human cost behind these arrests. Dez Martinez, an advocate who assisted Two Hands in securing a temporary shelter, reflected on the resources diverted into this prosecution, criticizing how the system could prioritize punitive measures over compassionate solutions.

Wickey Two Hands after his case was dismissed at the Fresno Superior Court.
Wickey Two Hands celebrating after his case dismissal.

The city maintained that it was committed to offering plea deals that include shelter, but they faced challenges when defendants like Two Hands opted to contest the charges and seek a trial instead. As Fresno continues to navigate the complexities of homelessness and public policy, the case of Wickey Two Hands serves as a critical reminder of the limitations and implications of current punitive approaches toward the homeless community.

As the fallout from this case unfolds, it raises significant questions about the future of homeless legislation in California. Will local governments reconsider their approach to managing homelessness, or will they continue to rely on tactics that do not address the root causes? For now, Wickey Two Hands is one of the fortunate ones—secured in a shelter, at least temporarily—but many others remain vulnerable to the law's reach.

What do you think about the handling of homelessness in your city? Share your thoughts and join the conversation.

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