Let's Talk About the Camping Ban
Sometimes things just hurt.
Hear y’all, hear y’all We’re going to be talking about the outcome of the recent municipal elections, and while I (Lesley) will be rounding things up for the most part, some of the rest of the Scout family have a few words, as well. With that said, let’s get into it.
On Our Minds
Election results. Obviously.
Unless you’ve been under a rock (or this is your first Scout, in which case, welcome), you know that Morgantown’s municipal elections were held last Tuesday, April 29. We had three of our seven City Council seats up for elections—welcome new council members Jodi Hollingshead and Mark Downs. We also had two additional items on the ballot:
A proposed charter amendment authorizing the city manager to live outside city limits (soundly defeated, with [provisionally] 1,410 votes against and 426 for); and
A referendum, which, if successful, would repeal the Camping Ban. We’re obviously going to talk about this one.
The repeal of the Camping Ban was defeated 982 votes (no, do not repeal) to 904 votes (yes, repeal). A vote difference of 78; 78 out of 1,886. If you’re not a math person, that’s a vote difference of approximately 4.1%. That’s a really hard thing for a lot of people.
I’m lucky enough to be in a community of people who are passionate and loving and really determined, which means that it’s been a really hard week for us. Last Tuesday was heartbreaking for so many reasons. First, because this camping ban going into effect will substantively and negatively impact people in our community that we care about and that we love. Second, because it’s damn hard to see people who throw their hearts and souls into making our community a better place so devastated by the consequences of 78 votes. And third, because this election outcome, to me, says some hard things about where our community is.
Today (May 5) is the City’s official canvas, to certify the election results. The ban will then go into effect 30 days from this certification (Wednesday, June 4). And what, pray tell, is going into effect in Morgantown on June 4? Let’s remind ourselves.
This ordinance makes it unlawful to camp on or in “any street, any park or trail, [or] any public property, improved or unimproved.” Punishments for violations of this ordinance include:
For the first violation, “[A] written warning describing the violation and providing information about resources to obtain assistance in seeking alternate shelter;”
For the second violation, “[A] fine of not more than $200.00;”
And for the third violation within a 12-month period1, “[A] fine of not more than $500.00 and/or … a penalty of imprisonment not more than 30 days.”
In addition to these more straightforward provisions, the ordinance also includes a few more complex sections.
First, the ordinance states that a person cannot be cited or criminally penalized unless that person has “been offered alternate shelter and refused the offer.”
Second, the City must “retain a third party experienced in the treatment of mental health and substance abuse issues, and the provision of case management to return individuals to housing stability,” as part of the required alternate sentencing provision of the ordinance. Under this section, this “third party” must be retained “no later than the effective date” of the ordinance; i.e., June 4. Alternate sentencing is available for people who are cited/charged and want “treatment for substance abuse or mental health, or case management to return the person to housing stability.”
I’m going to be honest, this is a lot. The penalties are, I supposed, straightforward enough: warning, then $200 fine, then a $500 fine and/or up to 30 days in jail. Where anyone supporting this ordinance thinks a person who is experiencing either chronic or acute houselessness is going to get $200 (much less the $700 required to cover both a second and third citation).2 And let’s remember, that’s not getting into the issue of potential incarceration.3
The alternate shelter offer and alternate sentencing provisions are also a lot. It’s unclear to me (and, I believe, to many others) how, exactly, police are supposed to have the time, knowledge, and resources, to not only know what shelter is available at any given time but also what is appropriate or available for any individual person at any given time. The truth of the matter is, we have limited shelter housing in Morgantown. We have even more limited shelter depending on who you are and what you need. Some housing may be restricted by gender; some by reason for homelessness (domestic violence, for example); some housing may not be appropriate for individuals with substance use or mental health struggles, or for families, or for children. Our direct services providers already struggle with finding sufficient housing. This is not going to help.
Finally (for now), the alternate sentencing: the City has given itself 30 days to find—and retain!—a third party expert on substance use, mental health, and housing stability. I look forward to hearing updates from the City on this expert, and can’t wait to see what they’ve put together by—remember—June 4.
One of the most frustrating things about all of this is that we all know how to actually help reduce homelessness. Unfortunately, the proven solutions are (a) not cheap; (b) not quick; and (c) not sexy. But instead of putting money toward things we know actually work, we’ve elected to let this ban—another attempt to incarcerate and criminalize our way out of a societal failure—go into effect.
I want to be clear: the people (like myself) who oppose this camping ban don’t want people to have to sleep on the streets. Of course we don’t. We want everyone housed, everyone safe, everyone respected and living in dignity. Right now, that’s not the world we live in. We work to bring it into being, but in the meantime, we oppose and will fight any law or policy that makes it harder for those already on the margins to survive.
Imagine seeing people floating in the ocean on bits of flotsam and, instead of trying to help them find a lifejacket or an actual boat, you shove them off and into the ocean because “those bits of wood aren’t safe for the rest of us,” and “no one should have to float on a piece of wood!” The people who object to this policy don’t think that bits of flotsam are an ideal solution, they’re just not in favor of drowning people.
So, Morgantown, now we’re here. We’ve chosen, as a city, to let this ban go into place. Now what?
Now, a quick word from a fellow Scout contributor:
Catherine: Because I'm a glutton for a 15-hour civic commitment, I actually worked the election (shout-out precinct 2A!). The voter turnout far exceeded expectations relayed to me by city officials as well as veteran poll workers I worked alongside. I heard many a comment during the long election day that seemed to indicate that the camping ban ordinance was the primary motivator for many constituents to come to the polls. So it goes with polarizing items on a ballot. But it's sobering that a policy with immense human impact was upheld by just 78 votes in a mere (though lauded) 14% voter turnout—a reminder that our democracy only works as well as people feel involved in and connected to their community.
I always walk away from working elections—whether municipal, primary, or general—with a great confidence in the integrity of our elections (so many protocols, forms, and technical oversight to address any situation!), but also a slight disappointment in the state of civic outreach, literacy, and engagement. For example, I had multiple folks surprised to find they could vote for City Council candidates outside their home ward. There were a few desperate attempts by voters to ‘do their research’ while at the voting machine, and I apologize to all who I had to ask to put away their smartphones (which are not permitted within a polling site). And the comically complicated ‘legalese’ of our ballots certainly doesn't help anything. I personally was flagged down numerous times that day to help clarify the camping ban referendum. “What does this mean?” and “If I oppose/support the camping ban, how should I vote?” were both common refrains. My apologies again to all the voters who I could not help in this regard, since election workers (rightly so!) cannot be construed to interpret ballot items for voters in any way. Let’s just say the approachability of our ballots, in any election, leaves a lot to be desired.
As we move forward, let’s remember that voting is just one way to connect with our community—reading this newsletter is another great step. Staying informed and engaged will ultimately lead to a stronger, more kindred community and, in turn, ensure more people show up at the ballot box next time. And you can bet your bottom dollar, I’ll be there—cheering my neighbors on as we exercise our right to vote and have our say in shaping our beloved community.
In Our Community
As usual for this time of year, plenty of events to go around.
On Tuesday, May 6, the Mountaineer Audubon chapter has its annual Bird Hike at the WVU Arboretum. Birders of all skill and experience levels welcome! Meet in the Arboretum parking lost at 7:30 am.
Also on Tuesday, May 6, one of my personal favorite events of the year: the MUB and Friends of Deckers Creek rain barrel workshop. Sadly, this event is sold out (it took me three years to get into it), but take this as your reminder to keep an eye out for it again next year.
Finally, also on May 6, City Council will meet at City Hall at 7:00 pm. Agenda here.
On Wednesday, May 7, AntiquiTea House is celebrating National Wildflower Week with a card-printing and tea event beginning at 6:30 pm. Tickets are $15, and you must register by May 6!
On Thursday, May 8, Planning Commission meets at 6:30 pm at the Mon County Commission chambers (in the old courthouse building).
Thursday, May 8, is also the WVU Student Fashion Show. The show runs from 7:30 to 9:30 pm, and showcases the work of the Fashion Design and Merchandising students. Tickets are $30, go forth!
First, Saturday, May 10, is West Virginia Botanic Garden Day! Live music, free tours, and food trucks will abound. Held at WVBG, of course, and starts at 10:00 am.
Also on May 10 is Migratory Bird Day, hosted at Cooper’s Rock! Events kick off at 7:30 am (insert early birds joke here), with live raptor presentations, crafts for kids, and other events through the early afternoon!
May 10 is a busy day—it’s also the Spring Arts Walk, which runs from 11:00 am to 5:00 pm. Take a walk downtown to see what is out and about!
Finally, on Saturday, May 10, and Sunday, May 11, the Morgantown Freedom Farmers are meeting at 41 Dorsey Street from 1:00-4:00 pm each day to prepare community garden plots and work with seed bombs!
Is there something that should be here but isn’t? Let us know what’s missing from our calendar in the comments below!
Kitchen Sink
This was a heavy one to write, so I’m going to be brief with my miscellaneous info and recommendations. As I’m sure many (though maybe not all) of you are aware, Pope Francis passed away a few weeks ago. As someone who grew up Catholic (and went to Catholic school allllllllll the way through), new-pope-time is a big thing, even though I’m not in the church anymore, so to speak. So here are some things to get you into the mood for the conclave, from a few media pieces.
Conclave, obviously. If you haven’t seen it yet, what are you waiting for?
Lent, by Jo Walton. Imagine a Franciscan friar in 15th century Florence who dies and goes to hell … over and over and over again. Loved it. I made my still-practicing parents read it, and they liked it as well.
Both Conclave and Lent are held at the Morgantown public library.
- Lesley & the Scout
What’s on your mind? What civic or cultural events are on your radar this week? What would you like to hear about in future newsletters? We want to hear from you in the comments or at morgantownscout@proton.me. Help us build the Scout community!
Please note that “[e]ach day that a violation continues shall be deemed a separate offense. So, pray, tell me, how long do you think it will take someone who is unhoused to rack up three days where they’re sleeping outside?
Fun fact, according to a recent Bankrate survey, 59% of Americans don’t have the savings to cover an unexpected $1000 expense.
And what happens when you’re incarcerated, even for only 30 days? For only 15? Well, if you have a job, you may well lose it. You may well have lost some or many of your possessions, particularly if you don’t have a safe place to store it. And that’s not even getting into the problems created by, you know, being in jail.
For what it's worth...my two cents...
I'm no expert on homelessness, but I do know a bit about mental health and addiction. I do know that you can't lock up the problem and make it go away. And it's not "us vs. them", no matter how much we want to assume so. These are our neighbors, and they're not going to go away.
The solution? Not sure there is one. Not a pat, cut-and dried, one size fits all solution. It seems so backward of course, that fining and arresting the homeless is the solution, but if all you have is a hammer, everything looks like a nail, and if it doesn't work the first time, get a bigger hammer.
We may not be able to completely eliminate homelessness, but I believe we can reduce the numbers. But I’m leery of the “Let’s hire an expert” solution that seems to be proposed. While we need experts from academia, we also need them from the ground up. We need to hear the voices of the homeless, what they need individually and collectively. That matters as much as anything, and it needs to be done.