Why Should Delaware Care?
Last summer, the U.S. Supreme Court ruled that municipalities can enforce anti-camping ordinances, even when no alternative shelter is available. As the issue of homelessness continues to challenge Delaware, some cities are weighing how to balance public safety and the needs of vulnerable populations.
Both Newark and Wilmington have decided to restrict homeless encampments based on the U.S. Supreme Court’s ruling on a small Oregon town that deemed it legal to arrest or fine those who sleep or camp on public property.
The ruling, which passed in June in the case of Grant Pass v. Johnson, cited that civil and criminal penalties for camping on public land do not constitute cruel and unusual punishment, even when shelter is not available.
The ruling has sparked a trend of public camping bans in more than 100 cities around the country, according to National Public Radio.
New Castle County’s two largest cities are now following suit.
Newark camping ban proposed
Newark has proposed a city bill that would ban camping on city-owned property and parks, a move intended to address the increase of homeless encampments on public land.
Bill 24-34, introduced to city council in early December, outlines prohibitions against setting up campsites with materials like tents, tarps, portable stoves and any other personal belongings. If passed, the ordinance would make camping on public property without authorization a misdemeanor offense, punishable by a fine of up to $50.
The second reading of the ordinance will take place on Jan. 13.
Tom Coleman, city manager of Newark, noted that the city is experiencing an increase in homeless encampments and expressed a need for clearer guidelines as the city has previously relied upon its trespassing ordinance to stop people from camping on public sites.
“There is trespass language in our current code that we have used historically to address encampments but following the recent Supreme Court decision on this topic, we thought it would be best to update our codes to make sure they were in accordance with that decision,” Coleman wrote.
The current penalties for trespassing allow for fines and jail time, but Coleman said the new ordinance would make penalties for camping more lenient and would give city officials the ability to consider the full circumstances of each situation.
Newark does not direct homeless services but provides county and community resources to anyone they relocate and city police will co-respond with mental health social workers when needed.
The new proposal also allows individuals to retrieve personal items removed from campsites if deemed sanitary and enables the city to approve public camping in conjunction with a “special event” or in “emergency situations” like natural disasters.
The ban would not apply to student protests that set up camps on the property of the University of Delaware and would not apply to demonstrations that are authorized by the city.
Newark’s ordinance comes less than three weeks after Wilmington’s sparked debate on its own approach to homeless camps.
Wilmington’s recent homelessness debate
In late November, Wilmington Police removed a homeless tent that sat in front of the Episcopal Church of Saints Andrew and Matthew in downtown Wilmington, drawing criticism from local advocates and community members.
The church, which is connected to the Friendship House, a longtime service center for the unhoused, has often allowed people to stay around the building and sleep there when they have nowhere else to go.
Wilmington police removed the tent about a month after authorities removed two benches from in front of the church, which were often used as a place of rest for the unhoused. But city officials say they were removed following complaints of illegal activity associated with their use.
“What we saw yesterday is the result of a state that can’t support its people. The people end up on the streets, and they don’t like how that looks, so the state would rather put their money into having a police presence,” said Conor Brophy, a member of Food Not Bombs, a grassroots organization that provides food to people in need and sued Wilmington over its tactics to prevent their work.
In a tranche of emails obtained by Spotlight Delaware through a Freedom of Information Act request to the city, a Wilmington Police commander specifically cited the Supreme Court case ruling to city leaders in an email titled “Tents on Sidewalks.”
WPD Maj. Matt Hall noted that the court deemed these public camping laws constitutional for cities to have in place “even if it affects homeless people that have nowhere else to go.”
The email was then sent on Dec. 4 under the subject line “Tents on sidewalks,” from David Karas, the communications director of WPD to John Hawley, the city solicitor for Wilmington’s law department.
Earlier that month, city officials were notified about the tent that they say blocked the public sidewalk and received complaints about unsanitary conditions and possible criminal activity at the location, according to Paul Ford, director of communications for the mayor’s office.
A day before the sweep, police had given a notice to those who occupied the tent, which stated that it was a violation to place a structure in the public’s right away. And if it was not removed, the occupants could be fined up to $2,500 or serve jail time.
Luciana Foraker, a local unhoused woman, said that she set up the tent for her and others because of poor weather conditions.
On the day of the sweep, activist groups like Food Not Bombs, Delaware Democratic Socialists of America and Actions for Palestine were present with resources like food and blankets to show support for the unhoused individuals at the encampment. Their goal was to bear witness to the police actions and deter any aggressive tactics.
Wilmington Police arrived with members of the Wilmington Police Department’s Partners in Care co-responder program and the ChristianaCare Community SOS team to relocate the individuals.
City officials say two individuals were transported to treatment facilities, while another two were being connected with transitional housing. Foraker said others who were staying at the encampment left the area when the police came, out of fear they would be arrested or harassed.
Zumana Noor, a local advocate who attended the sweep, said she had heard testimony from people who had been waiting to be placed in shelters for years, including people with debilitating ailments like sickle cell anemia.
She said the lack of affordable housing and shelter contributes to the problem, as many shelters have long waiting lists and restrictions on couples without kids and how long people can stay.
“We’re all closer to houselessness, more than we think we are. It can happen to anyone. It’s not just a specific demographic, not just the people who end up being homeless. It can happen to anyone, especially as we see the cost of rent and housing increasing,” Noor said.
Although the tent was taken down that morning, it was put up again the same night for those who weren’t assisted and community members continued to keep in contact with them, bringing them food, water and hot chocolate to keep them warm.
Authorities relied upon their city code to remove the tent, which said that a permit is required to legally place any structure in the public’s right of way.
Although it is unclear how the conversion started, it is evident that the city was looking into the legal implications of the situation.
Delaware joins push nationwide
The National Homelessness Law Center, a national group that uses law and policy to combat harsh anti-homeless measures, advocate for affordable housing and promote solutions addressing the root causes of homelessness, has been active in tracking, opposing and seeking alternatives to the wave of new anti-homeless laws passed in the wake of the Grants Pass ruling.
They believe that although the Supreme Court made it legal to enforce these measures, it doesn’t mean that cities should create them.
Jesse Rabinowitz, campaign and communications director at NHLC, said more than 140 cities across the country have passed anti-homeless camping bans in the past six months and an additional 40 cities are now in the process of passing similar legislation.
“The solution is making sure everyone can afford housing. And unfortunately, the bill that we’re talking about in [Newark] doesn’t do that,” he said.
Rabinowitz said that while cities work to create more affordable housing, elected officials can take steps in the meantime like using hotels and unused housing for congregate shelter, as was done during the COVID pandemic.
Although the Newark proposal to ban encampments does not show a fiscal impact, Rabinowitz said these tactics can be costly as they require police, prosecutors and the court system to enforce the bans.
“In DC, where I’m based, about a decade ago, they cleared one encampment, and we were able to get the cost for that, like how many work crews, and how many dump trucks and all of that stuff and clearing one encampment cost $170,000,” he said.
While no direct opposition was voiced during the first reading of the Newark proposal, residents will be able to make public comments on Monday, where the ordinance will be discussed for its second reading.
Voice Your Opinion
Newark’s City Council will meet at 7 p.m. on Jan. 13 in the Council Chambers at 220 S. Main Street Newark, DE 19711. They will review the public camping legislation and the public will be allowed to comment in person or virtually. To see the agenda and more details, click here.
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