Morgantown City Council passes public camping ban targeting homeless people • West Virginia Watch

Following more than five hours of public comment that stretched into early Wednesday morning, the Morgantown City Council approved a measure expanding its laws targeting homeless people who camp in public. Council members voted four to three in favor of the ban. 

The ordinance prohibits camping on any public property — including streets, parks and trails — and also prohibits storing personal property in public areas. Second and third violations of the law are punishable by fines of $200 and $300 and/or 30 days in jail, respectively. 

Morgantown already had an ordinance banning camping or temporary lodging within a park without the written consent of the city manager. 

Councilwoman Louise “Weez” Michael originally proposed the ban during the regular July 2 meeting of city council, just days after a ruling by the U.S. Supreme Court upholding an Oregon city’s public camping ban. In the June 28 decision, the Supreme Court ruled that ordinances by the city of Grants Pass, Oregon, prohibiting homeless people from sleeping within the city limits do not violate the Constitution’s ban on cruel and unusual punishment. 

During the July meeting, Michael said she believes homeless people sleeping in public “has become an immediate and serious safety and health issue that we can no longer wish the issue to go away. … We need to send a message that this city will no longer tolerate nefarious behaviors.” A first reading of the legislation was approved with a 4-3 vote on Aug. 20. 

The vote, which took place around 1:30 a.m. Wednesday morning, followed public comments from more than 25 speakers, all but a couple of who opposed the ban. Molly Kennedy, a representative of the American Civil Liberties Union of West Virginia, told the council that the human rights organization would be watching closely if the ordinance passed. An attorney for the organization told West Virginia Watch in July that despite the Grants Pass decision, there are other constitutional challenges that could be made against camping bans. 

Elrick Rose, of Morgantown, was one of at least two homeless people who spoke against the ban during the meeting.

“When I heard about this ordinance, it made me feel afraid,” he told the council. “More afraid than I normally do every night. Being homeless isn’t a choice. We’re not out there because we want to shoot up. We’re not out there because we’re lazy.”

He went on to say that the ordinance being discussed makes him feel like he’s not valued or welcome in the city and that the ordinance would make challenges against him “insurmountable.” 

Dozens of cities across the country have passed or considered similar camping bans in the two months after the Supreme Court’s decision. The new bans come after the United States saw an increase of 12% last year, the highest reported level since the US started doing “point in time” counts of homeless people in 2007.

The cities of Wheeling and Parkersburg also passed ordinances banning public camping last year. 

Morgantown’s law is effective 30 days after the bill passes, provided the city has an emergency shelter that’s open and accepting new people. 

A representative of Mountain State Justice said Tuesday there would be a petition for a referendum on the ordinance to have it either repealed or put to a vote during the city’s election next year.