Malibu seeks to arrest homeless over fire risk, in clash with Los Angeles County

The city of Malibu is seeking to arrest homeless people over the fire risk they pose with illegal encampments, in a clash with Los Angeles County.

Malibu was hit hard by the Palisades fire earlier this year and is prone to winds spreading fires, which is why city officials and some residents are afraid that the homeless could inadvertently start a wildfire while cooking or using flames to keep warm, the Los Angeles Times reported Friday.

The Malibu City Council last month declared a state of emergency and directed the Los Angeles County Sheriff’s Office to remove people who camp without permits and arrest them, if necessary, citing heightened fire risk.

“Malibu’s history as it relates to fire is hugely devastating,” Malibu Mayor Marianne Riggins said. “We are making every effort to limit the opportunities for that type of devastation.”

It is unclear how the sheriff's office will respond, as a captain said that they are limited in what they can do, since it was the policy of the county not to criminalize homelessness.

Malibu Councilman Bruce Silverstein argued that since Malibu is an incorporated city that contracts with the sheriff's office for law enforcement services, officers should follow city policy, not the county’s. He noted the Supreme Court’s Grants Pass decision last year that overturned prior precedent and let cities enforce anti-camping laws.

The sheriff’s office did not respond to the Times' request for comment.

Los Angeles County Supervisor Lindsey Horvath, whose district includes Malibu, said that “arresting unhoused residents, simply for being unhoused, does not advance” public safety and fire prevention goals, but she shares “the deep concern of Malibu residents about keeping our fire-prone communities safe.”

Horvath said in a statement that in the last week, her office has worked with the city of Malibu, the sheriff’s department, and homeless service providers “to adjust deployment and strengthen coverage in areas of greatest concern,” while the local sheriff’s office has received additional funding to “increase their presence and resources throughout the Santa Monica Mountains.”

The city of Malibu said that since 2021, there have been more than 30 fires believed to have been started by homeless people.

Malibu’s public safety director, Susan Dueñas, told the Times she was unaware of any significant damage from those encampment fires.

However, Silverstein told the Times, “Any one of those could have become the Palisades fire.”