{"id":2081,"date":"2015-09-18T00:36:25","date_gmt":"2015-09-18T00:36:25","guid":{"rendered":"http:\/\/huffsantacruz.org\/wordpress\/?p=2081"},"modified":"2015-09-18T00:36:25","modified_gmt":"2015-09-18T00:36:25","slug":"vancouver-wa-takes-the-lead-in-moving-to-end-the-nighttime-camping-ban","status":"publish","type":"post","link":"https:\/\/huffsantacruz.org\/wordpress\/vancouver-wa-takes-the-lead-in-moving-to-end-the-nighttime-camping-ban\/","title":{"rendered":"Vancouver, WA, takes the lead in moving to end the nighttime camping ban"},"content":{"rendered":"<div>\n<div>\n<div>\n<p>&nbsp;<\/p>\n<div dir=\"ltr\">NOTE BY NORSE:\u00a0 City politicians in Vancouver, WA has taken a dramatic step in decriminalizing not just sleeping, but camping itself at night, anticipating that they will lose a court fight.\u00a0 The DOJ recently filed a &#8220;statement of interest&#8221; holding that camping bans in cities with no adequate shelter (i.e. everywhere, and particularly in Santa Cruz)\u00a0 violate the U.S. Constitution&#8217;s ban on cruel and unusual punishment.\u00a0 This is not a court precedent, but could lead to one, and Vancouver politicos&#8211;who likely have no more compassion for homeless folks than the chairwarmers in Santa Cruz&#8211;are nervous.\u00a0 I regard this as a major breakthrough and a good issue for the unhoused and housed supporters to bring to the 9-22 Santa Cruz City Council and community.<br \/>\nThe public education campaign at City Council can be sandwiched nicely in-between a scheduled <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941758\"><span class=\"aQJ\">3 PM<\/span><\/span> press conference denouncing violence against homeless advocates and individuals and the 11th SleepOut slated for later that night. \u00a0 Last night, police falsely arrested Abbi Samuels for &#8220;insufficient ID&#8221; (the charge was &#8220;obstructing an officer&#8217;) when they knew perfectly well who she was. \u00a0 First Alarm security guards, concealing their name tags and badge numbers brutalized Christina Barnes for battery after stalking her throughout the early evening.<br \/>\nSome have suggested taking sleeping bags into City Council chambers during the evening and simply rolling them out to sleep there, given the city refusal to fund emergency shelter or lift the sleeping ban, as Vancouver is now doing.\u00a0 Folks are invited to come on down to witness or participate in the day (and night)&#8217;s events.<\/p>\n<div style=\"width: 100%; min-height: auto;\">\n<div>\n<div style=\"width: 1px; min-height: 1px;\"><\/div>\n<\/div>\n<\/div>\n<div>By Joe Douglass, KATU News <abbr title=\"2015-09-15T2:14:57Z\">Sept. 14, 2015<\/abbr><\/div>\n<div>VANCOUVER, Wash. \u2013 The Vancouver City Council is considering allowing homeless people to sleep outside overnight legally.<br \/>\nThe city has banned people from camping outside in public places since the late 1990s.<br \/>\nPolice stopped enforcing the ban entirely about two weeks ago after <a href=\"http:\/\/images.bimedia.net\/documents\/bell_v_boise_statement_of_interest.pdf\" target=\"_blank\">the U.S. Justice Department put out a statement of interest<\/a> on <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941759\"><span class=\"aQJ\">Aug. 6<\/span><\/span> saying the government can&#8217;t ban people from sleeping outside.<br \/>\nThe document says banning people from doing so is like saying being homeless is illegal, which the Justice Department says is unconstitutional.<br \/>\n<span style=\"font-size: medium;\"><strong>\u201c\u2026 it just keeps \u2018em homeless.\u201d<\/strong><\/span><br \/>\nTents and tarps line the streets around the Share House homeless shelter on West 13th Street in Vancouver.<br \/>\nKatherine Garrett, the shelter&#8217;s program director, said the problem is worse than ever.<br \/>\n\u201cI&#8217;ve never seen this much open camping before,&#8221; said Garrett, who\u2019s been working with the homeless in Vancouver since 2001.<br \/>\nShe said the Share House is now serving a record 9,000 meals per month.<br \/>\n\u201cIt impacts more garbage,\u201d said Garrett about the camping situation. \u201cIt impacts things that we can&#8217;t provide for them. We don&#8217;t have enough blankets, we don&#8217;t have backpacks.&#8221;<br \/>\nTechnically, the people camping out in the area are now breaking the law.<br \/>\nSince 1997, the city has made camping in public places a misdemeanor.<br \/>\n\u201cA lot of times it just keeps &#8217;em homeless,&#8221; said Garrett. \u201cGetting tickets for camping, vagrancies, any of that always puts a black mark when it comes to getting employment or housing.&#8221;<br \/>\nPolice Chief James McElvain told KATU officers hadn&#8217;t been cracking down on illegal camping all that much.<br \/>\n\u201cOn average, we were finding our officers citing about nine people in a month,&#8221; said McElvain.<br \/>\n<a href=\"http:\/\/images.bimedia.net\/documents\/10_sr134-15_unlawful_camping_ordinance_amendment.pdf\" target=\"_blank\">A proposed ordinance going before the city <span class=\"aBn\" data-term=\"goog_1610941760\"><span class=\"aQJ\">Monday<\/span><\/span> night<\/a> would allow people to camp out legally from <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941761\"><span class=\"aQJ\">9:30 p.m. to 6:30 a.m.<\/span><\/span><br \/>\nMcElvain said the ordinance would still allow police to crack down on other behaviors.<br \/>\n\u201cYou can&#8217;t be drinking alcohol in public, you can&#8217;t be urinating in public, you can&#8217;t be fighting in public,\u201d said McElvain, \u201cand you can&#8217;t block people\u2019s pathway on a sidewalk.\u201d<br \/>\nKevin Lisman, who just became homeless in March, said he wishes people would have more sympathy.<br \/>\n\u201cI had a job,\u201d said Lisman. \u201cI was working. I was making a good salary and then all of the sudden the roof fell in.&#8221;<br \/>\nThe City Council will vote on the proposal <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941762\"><span class=\"aQJ\">Monday<\/span><\/span> night.<em> (Update: Council has approved the first reading of proposed ordinance. It will move to a second reading and a public hearing <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941763\"><span class=\"aQJ\">next Monday<\/span><\/span>.)<\/em><br \/>\nTristia Bauman, senior attorney for the National Law Center on Homelessness &amp; Poverty in Washington D.C., sent KATU a statement saying:<br \/>\n<em>We are pleased that cities are paying attention to what the Justice Department has said, and that they are revising their criminalization policies. We are concerned, however, when cities attempt to do the bare minimum. Vancouver&#8217;s law does not go far enough to address the constitutional problems identified by the federal government. Moreover, it is not the kind of constructive policy that the federal government is actively promoting, and that other cities are successful implementing. The much more cost-effective, constitutional, and humane approach is to provide permanent housing to homeless people.<\/em><br \/>\n\u201cIt is legal in Portland to sleep overnight in public spaces,\u201d said Dana Haynes, spokesman for Portland Mayor Charlie Hales. \u201cThat includes parks and sidewalks. It isn\u2019t legal to put up structures. That includes tents.\u201d<\/p>\n<div>\n<h1>Vancouver OKs overnight camping in public places<\/h1>\n<h2>Unanimous vote by city council amends ordinance<\/h2>\n<\/div>\n<div>\n<div>\n<div>\n<ul>\n<li>\n<div><a href=\"http:\/\/www.columbian.com\/wp-content\/uploads\/2015\/09\/0914_met_camping.jpg\" target=\"_blank\"> <img class=\"CToWUd\" src=\"https:\/\/ci5.googleusercontent.com\/proxy\/vAq_Jt83YDHkFyQJV_tjQWQIHCFMTuQf-MEv_--K6JRgqY8U4aQK6H-OSTZZlJb2sYueiStKU2wKRZAcYfGXB8JnLG373rZHBVcC-PbjdAU-q4A0DNg2wRTsf8Be7Tyo_d8eOdz2cAkDwp_co-A=s0-d-e1-ft#http:\/\/www.columbian.com\/wp-content\/uploads\/2015\/09\/0914_met_camping-770x0-c-default.jpg\" alt=\"\" \/> <\/a>Vancouver Police Cpl. Drue Russell, left, runs a man&#8217;s identification that he found camping next to the Slocum House in Esther Short Park while VPD Cpl. Duane Boynton secures the man after he disclosed to officers that he was carrying a knife, as part of an ongoing effort by authorities to make the park a safer place on Friday March 4, 2011. (Zachary Kaufman\/The Columbian)<\/p>\n<\/div>\n<\/li>\n<li><\/li>\n<\/ul>\n<\/div>\n<\/div>\n<\/div>\n<div>\n<div>By <a href=\"http:\/\/www.columbian.com\/author\/afischer\" target=\"_blank\">Amy Fischer<\/a>, Columbian City Government Reporter<br \/>\nPublished: September 14, 2015, 9:13 PM<\/p>\n<\/div>\n<div><\/div>\n<\/div>\n<p>Amending a Vancouver city ordinance to allow overnight camping in public places is just a \u201cbaby step\u201d toward solving the city\u2019s homeless troubles and lack of shelter space, citizens told the city council <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941764\"><span class=\"aQJ\">Monday<\/span><\/span>.<\/p>\n<p>\u201cI don\u2019t want to see the council put a bow on our problem and make it look all pretty by providing (camping) hours when we\u2019re not addressing the real issues,\u201d Hough neighborhood resident Heidi Owens said.<\/p>\n<p>The council unanimously voted <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941765\"><span class=\"aQJ\">Monday<\/span><\/span> to change Vancouver\u2019s unlawful camping ordinance to allow camping in public places from 9:30 p.m. to 6:30 a.m. Such overnight camping previously had been a misdemeanor. The change wouldn\u2019t affect park hours (parks close from <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941767\"><span class=\"aQJ\">10 p.m. to 5 a.m.<\/span><\/span>) or laws prohibiting disorderly conduct, drinking in public, urinating in public and other health and safety issues.<\/p>\n<p>The city\u2019s legal staff recommended the change in response to a federal Department of Justice opinion, issued <span class=\"aBn\" tabindex=\"0\" data-term=\"goog_1610941768\"><span class=\"aQJ\">Aug. 8<\/span><\/span>, on a case pending in federal court in Boise, Idaho. The opinion states that outlawing camping in all places and all times, including when shelter space is unavailable, is cruel and unusual punishment and therefore unconstitutional. Basically, the opinion says, all people have a right to sleep.<\/p>\n<p>Mayor Tim Leavitt said he realizes some residents aren\u2019t happy about the change to the camping ordinance.<\/p>\n<p>\u201cWe have to do this because we\u2019re not going to win taking on the Supreme Court,\u201d he said.<br \/>\nCity Manager Eric Holmes emphasized that the ordinance revision is an interim measure while the city continues to look for solutions. Vancouver has a lack of toilets, showers and trash cans for the homeless \u2014 and an overwhelming need for beds.<\/p>\n<p>Andy Silver, executive director of the Council for the Homeless, told the city council that 823 different people called the housing hotline this summer asking for emergency shelter. The agency was forced to say no to 722 of them \u2014 88 percent \u2014 due to lack of shelter space, he said.<\/p>\n<p>\u201cThose folks have nowhere else to go,\u201d Silver said. \u201cI\u2019m very optimistic that this is a step in the right direction, but I don\u2019t want anyone to think this is the end of the road.\u201d<\/p>\n<p>Katherine Garrett, director of Share House, said that in the eyes of landlords, people who have three camping violations on their record might as well have a felony. Continuing to cite homeless people, fine them and jail them hinders their movement forward and keeps the cycle of homelessness going, she said.<\/p>\n<p>\u201cThey don\u2019t have a chance,\u201d she said.<\/p>\n<p>Councilor Bart Hansen said he didn\u2019t want to see \u201can unnecessary amount of resources going into people who have a tent up.\u201d<\/p>\n<p>Police would not be doing \u201csweeps\u201d of homeless camps, but they would respond to complaints from neighborhood residents and business people about problems such as fighting and drinking in public, Vancouver Police Chief James McElvain said. Even then, officers have discretion about handling situations.<\/p>\n<p>\u201cOur first go-to isn\u2019t to enforce the law. Our first go-to is to gain compliance from people. I don\u2019t see us immediately going out and citing somebody,\u201d McElvain said. \u201cWe\u2019re not going to ignore it. \u2026 But our priority starts with crimes against persons and then crimes against property.\u201d<\/p>\n<p>FOR THE STAFF REPORT AND PROPOSED TEXT OF THE ORDINANCE, GO TO<br \/>\n<span style=\"font-size: 12.0pt; font-family: 'Liberation Serif',serif;\"><a href=\"http:\/\/images.bimedia.net\/documents\/10_sr134-15_unlawful_camping_ordinance_amendment.pdf\" target=\"_blank\">http:\/\/images.bimedia.net\/<wbr \/>documents\/10_sr134-15_<wbr \/>unlawful_camping_ordinance_<wbr \/>amendment.pdf<\/a>\u00a0\u00a0 <\/span><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<p><!--more--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; NOTE BY NORSE:\u00a0 City politicians in Vancouver, WA has taken a dramatic step in decriminalizing not just sleeping, but camping itself at night, anticipating that they will lose a court fight.\u00a0 The DOJ recently filed a &#8220;statement of interest&#8221; &hellip; <a href=\"https:\/\/huffsantacruz.org\/wordpress\/vancouver-wa-takes-the-lead-in-moving-to-end-the-nighttime-camping-ban\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[58],"tags":[4,107],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/posts\/2081"}],"collection":[{"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/comments?post=2081"}],"version-history":[{"count":1,"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/posts\/2081\/revisions"}],"predecessor-version":[{"id":2082,"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/posts\/2081\/revisions\/2082"}],"wp:attachment":[{"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/media?parent=2081"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/categories?post=2081"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/huffsantacruz.org\/wordpress\/wp-json\/wp\/v2\/tags?post=2081"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}