A sign in Wheeling, W.Va.’s one legal camping area outlines rules and the boundary for the site. (Daniel Finsley | Finsley Creative for West Virginia Watch)
A bill that would prohibit homeless people from camping on public property throughout West Virginia is headed to the floor of the House of Delegates for a vote.
The House Judiciary Committee signed off on House Bill 2382 Wednesday morning.
The bill would impose fines of up to $500 and up to 30 days in jail for homeless people who use camping paraphernalia, including tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks or portable cooking facilities and similar equipment, on governmental or public property, grounds or lawns.
A committee substitute for the bill approved Wednesday added backpacks, bags and rucksacks to the definition of camping paraphernalia. It also rewrote a section to require that those enforcing the law make the person violating the law aware of any alternative shelter, if available, but does not prevent enforcement of the law if there’s no shelter available.
Dozens of governments, including at least four West Virginia cities, have passed camping bans after a Supreme Court decision last year upholding a similar ban in Grants Pass, Oregon. Opponents say the laws make homelessness worse by imposing fines and criminal penalties on people that make it more difficult for them to find housing.
Del. Geno Chiarelli, R-Monongalia, lead sponsor of HB 2382, told West Virginia Watch Tuesday the legislation is in response to Morgantown’s ban being challenged and possibly overturned. Chiarelli said he thought the ordinance would have been a positive step for the city.
Morgantown voters will decide during the city’s April election whether that city’s ban will go into effect.
During the meeting Wednesday, lawmakers who opposed the ban raised concerns about shelter availability and jail costs, among other things.
“Homelessness is a really complex issue, and I appreciate that the Legislature is trying to address it. I’m just not convinced this is the right approach,” said Del. Evan Hansen, D-Monongalia. “As I think everybody here knows this, this issue has to do with affordable housing, has to do with substance use disorder, has to do with mental health. There are a lot of different issues that play into the homelessness issue.”
Hansen said he’d gotten more emails from constituents about this bill than any other this session so far. Most of them were from people in Morgantown, he said. Hansen said the bill has flaws.
“What happens if there’s no shelter in the community, [when] there’s no option to refer people to? What happens then? This bill doesn’t address that,” Hansen said. “What happens in a community like Morgantown, where the shelter is routinely full. This bill doesn’t address that.”
An earlier version of the bill said that no criminal penalties would be imposed on people unless they’re offered shelter and refused. The section was not in the approved committee substitute for the bill.
“This bill would criminalize homelessness, would impose fines on people who probably don’t have any money, and jail terms on people who are just trying to get by,” Hansen said.
Del. Bill Flanagan, R-Ohio, said the bill could mean that lots of money is spent jailing people instead of helping them.
“How can we not find a better purpose for that money to assist these people that are suffering homelessness? And I say this in all honesty, in West Virginia, we see a lot more of it than any of us realize,” Flanagan said. “We’re blessed to have families that take people in that don’t have homes. Our homelessness level is far, far higher than what we understand, than what we see.
He added that he understands that there are safety issues with encampments. He’s had experiences walking down streets feeling unsafe, he said.
“This one, I don’t know if this is going to be a good set for us,” he said. “I just feel like we’re going to end up costing our counties and our cities a lot of money.”
Speaking in favor of the bill, Del. Rick Hillenbrand, R-Hamsphire, said that homeless encampments dissuade people from using public parks and other areas.
“Without this law, communities that are not incorporated, don’t have the ability to put in ordinances, are basically left without recourse,” he said. “I urge passage of the bill as amended.”
The bill will next go to the full House of Delegates for a vote.
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