Ceremony canceled as Modesto dog park opening unclear due to homeless campgrounds

Officials have a canceled next week’s ribbon-cutting ceremony for a newly constructed dog park at Modesto’s Beard Brook Park, which has been designated a campground for homeless people while the city works to provide more shelter beds.

A federal appeals court on Sept. 4 ruled that people cannot be prosecuted for sleeping on public property when they don’t have viable alternatives.

The dog park, which is enclosed by chain-link fencing and locked gates, was scheduled to open to the public Sept. 29 with the ribbon-cutting ceremony. But city officials felt a ceremony celebrating the opening of the dog park would not be appropriate.

Thomas Reeves, a city spokesman, said the city right now wants to focus all its resources on ensuring the safety and well-being of the community, including the homeless who will now be using the park as a temporary campground.

He said the dog park might still open as scheduled Sept. 29, but “just without the pomp and circumstance.” For the city to use its resources on a ribbon-cutting ceremony while responding to a rapidly evolving homeless situation “would be sending a conflicting message.”

Modesto is working out the details to provide portable toilets, sanitation, regular cleanups and security at Beard Brook.

But Reeves said Wednesday that city officials are not certain when the dog park will be open. City officials have stressed that letting homeless people camp in Beard Brook Park is a temporary solution while Modesto, Stanislaus County and others work on increasing the number of beds for the homeless as well as services.

Officials have said they are working with The Salvation Army and the Modesto Gospel Mission, which each operate homeless shelters.

The appellate court ruling comes as Stanislaus County considers declaring what is called a shelter crisis because there are more homeless people in the county than shelter for them.

Beard Brook Park sits along Dry Creek and south of Yosemite Boulevard, between the E.&J. Gallo Winery and Stanislaus Food Products. While the park has been closed for several years, homeless people say they have camped out there despite attempts to move them out.

The park long has been populated by homeless people. City officials have considered ways to generate more recreational activity there and reclaim it as a regional park.

Edward Mendez has been camping since 2011 in a spot near the south end of the park. He doesn’t believe he and other homeless people will interfere with dog lovers on the other side of the park.

“Here, we’re at the end,” Mendez said Wednesday about his makeshift campsite. “Nobody sees us. We’re out of the public’s eye, so to speak.”

Construction of the dog park is mostly complete, except for some signage that needs to be installed. Mendez was confused why the dog park hadn’t opened yet.

“I don’t see why they built the dog park here in the first place,” he said. “All that fencing, and now they’re not going to use it.”

Pacific Gas and Electric Co. agreed to pay the costs of creating the dog park. It was part of a PG&E-funded project to relocate a 650-ton locomotive with tender from Beard Brook Park, where the train had sat since 1960.

The train sat atop a gas line about five feet below the surface, so moving it allows PG&E to quickly access underground utilities if the need arises. The train was moved last year to the Amtrak station on Held Avenue near Parker Road in Modesto.

Bruce Dow of United Samaritans Foundation conducts outreach with homeless people each Wednesday at Beard Brook Park and other areas throughout the city. He tells them where they can find free food and other services from charitable organizations.

He was back at the park this week to discuss the city’s plan for the temporary homeless campground. United Samaritans used to serve free meals to homeless people at the park Monday through Friday until about a month ago. Dow said most of the homeless campers had moved to other areas of the city, fearing police citations or arrests if they stayed at Beard Brook Park.

Dow said the past few days had resulted in a dramatic change in city policy toward homeless people in Beard Brook Park, at least.

“They know they’re not going to get bullied and pushed around if they stay here,” Dow said in the park’s parking lot.

He agrees that homeless people will keep to themselves while residents visit the dog park, but the unfair stigma surrounding homeless people will keep pet owners away.

“Nobody is going to come down here with their dogs,” Dow said.

Some homeless people are worried the park will become overcrowded as other people throughout the city leave other parks and relocate to Beard Brook.

Josh House, who has been camping at the park for about four years, said a large population of homeless people in one park won’t be a problem. He said he and other homeless people living at Beard Brook have shown to police themselves, even though he says a bike has been stolen from him 12 times.

It’s a tough situation for everyone involved, including the law enforcement officials who were forced to cite homeless people for camping at the park. But House said the police officers he’s encountered have been polite and professional. He said a group of probation officers who were questioning some of the homeless campers returned to the park with meals for House and others.

Camping at the park helps them avoid the option of leaving behind their belongings to stay in an overnight shelter. House and others hope that the charitable groups that used to provide services at Beard Brook will return.

“It’s going to help a lot of people,” House said as he hauled a bicycle trailer with his belongings. “They really need it.”

This story was originally published September 19, 2018 at 5:19 PM.