MORGANTOWN, W.Va. — Morgantown City Council voted 4-3 to consider a proposed ordinance to ban camping on public property in the city during an upcoming regular meeting.
After a contentious back-and-forth discussion Tuesday night, all seven council members agreed to discuss aspects of the ban during a workshop prior to a first reading of the ordinance. The proposal implements a fine for anyone camping on city property without proper permits.
More than two dozen residents, as well as some members of council, voiced opposition to the proposal.
The proposed ordinance was brought forth by Councilor Louise “Weezie” Michael in response to hundreds of residents and business owners who have sent complaints to councilors about crime and nuisance-related behavior over the past year.
“They’re tired of the crime, and there are people who genuinely fear for their safety on these rail trails,” Michael said.
The proposed ordinance would make camping on any street, park, trail, or any public property within Morgantown city limits classified as “unlawful camping.” This would include any tents or setups of any temporary shelter, with anyone in violation subject to a $500 fine for a first offense and possible jail time for a second.
According to Michael, the reports of various crimes that have taken place in the downtown area have ranged from instances of harassment, open drug use, vandalism, theft, or, in some cases, violent confrontations. This was seconded by both Councilor Bill Kawecki and Deputy Mayor Jenny Selin.
“Part of the health and safety is trash; there are mountains of trash; part of the health and safety is feces; and part of the health and safety is stealing things and then finding them in the encampments,” Selin said.
The call to place the proposed ordinance on the agenda was split by members of the council, with Councilors Danielle Trumble and Brian Butcher each rejecting consideration for various reasons.
For Trumble, aside from the current lack of services that are currently available in Morgantown due to the recent financial struggles of Bartlett Housing Solutions, the move to push the ordinance to an agenda was considered troubling due to past efforts to bring affordable housing options. While Butcher proposed a task force to address potential crime “hot spots” to ease the concerns of business owners, Trumble expressed concerns that the preference to enact new laws superseded ways to expand social service opportunities.
“I’m not in favor of encampments; I ran for city council twice on I’m not in favor of encampments,” and I caught a lot of crap over it from most of the people in this room,” Trumble said. “With that being said, that always comes with the caveat that we have somewhere for people to go, and we just don’t have it.”
Of the close to two dozen Morgantown residents who spoke during the public portion of the committee as a whole, the majority spoke against the proposed camping ordinance. The concerns ranged over not only the lack of social services in the area but also the potential recidivism that could affect people who are financially struggling and, in many cases, having trouble getting work. Social services workers and public attorneys who spoke as part of the public portion also discussed the potential legal ramifications that could hamper the city if the ordinance moves forward.
“Just because you can doesn’t mean you should, and remember that while it’s true advocates haven’t been able to strike these bans down using an 8th Amendment claim, that doesn’t mean sending cops to meet unsheltered people instead of investing in social services won’t open the liability flood gates for you,” Community Outreach Director for ACLU West Virginia Mollie Kennedy said.
The few residents who did speak in favor of the camping ordinance spoke about not only the need to expand services but also to find ways to keep the downtown area safe and hygienic. These calls, though mostly focused on crime, have been expressed by many community organizations, with letters written by West Virginia University officials and Main Street Morgantown to address the numerous concerns expressed over the past year. With a work session expected to take place before the proposal is reconsidered for an agenda placement, many eyes are expected to be on the Morgantown City Council heading into the fall.
“Morgantown has 32,000 people in it, and we have to think of others too, and think of our homeless neighbors too,” resident Jim Harwood said in support of the ordinance. “But sometimes, as the statement says, the needs of the many outweigh the needs of the few.”
