Morgantown is in the midst of a dispute over homelessness, and it is an issue familiar to communities around the state and across the country. Should the homeless be allowed to camp on public property?
Morgantown already has a limited prohibition. The city code reads, “No person shall establish or maintain any camp or other temporary lodging or sleeping place within the park without the written consent of the (City) Manager.”
City Council is considering expanding the ban to include residential properties, city streets, alleys and sidewalks. The organization Mountain State Justice is lobbying against the change, arguing that it further criminalizes homelessness.
“The easy thing that folks want to reach for is more law enforcement involvement, but criminalization of homelessness is actually at odds with achieving long-term safe housing,” said Mountain State Justice Attorney Lindsey Jacobs.
This is always the fallback argument—you are making it illegal to be homeless—but that is a mischaracterization. Clearly, it is not illegal to be homeless, but government has a responsibility and the legal authority to maintain and protect public spaces.
That was affirmed just a few weeks ago by the U.S. Supreme Court. The Justices ruled 6-3 overturning a Ninth Circuit decision and affirming an ordinance in Grants Pass, Oregon that prevents sleeping in public spaces.
Justice Neil Gorsuch, who wrote for the majority, rejected the argument that such ordinances violated the 8th Amendment. “The Court cannot say that punishments Grants Pass imposes here qualify as cruel and unusual,” Gorsuch wrote.
The Justice also cited research showing that after the lower court blocked the camping ban several years ago, the number of people in the district who are unhoused actually increased dramatically.
Homelessness is a complicated issue entangled with substance abuse, mental illness, the economy, life’s unexpected turns and the availability of affordable housing. It is an issue that most communities wrestle with and know too well that there is no simple answer.
Prohibiting camps in public spaces is not a solution to the problem of homelessness, but it is not meant to be. It is a reasonable and legal response to the public’s legitimate concerns about the health and safety of those public spaces.