Note: I run a debate club. Last night we debated the Motion “This House Supports Enforcing Public Camping Bans When Shelter is Available and Offered “. I was the speaker in favor of the Motion (i.e., banning camping). This series of posts summarizes my speaking points.

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Per the Ninth Circuit Court of Appeals in Bell v. Boise, public camping cannot be banned unless shelter is available - which means public camping can be banned when shelter is available. According to an ACLU legal primer, “It is possible that a city could have enough shelter resources that the homeless population truly has a choice to sleep elsewhere. When reasonable alternatives to outdoor camping exist, enforcement of anti-camping ordinances may not be unconstitutional.” [My italics] 

Per the ACLU, any ban on camping must be specific re prohibited areas For the purpose of this debate, I will define public areas as public right-of-ways, such as streets, alleys, sidewalks, plazas, and entrances to buildings, as well as park areas with public access that are not designated camping sites or are off-hours for recreational use, e.g., overnight.   

Per the ACLU, bans must also be specific about what constitutes “camping”. For the purpose of this debate,  I will define camping as “making living accommodations or preparations to sleep, sleep, erecting a tent, or storing belongings in prohibited areas”. Using these definitions, simply dozing on a bench or on a blanket in a picnic area during the day would not be camping.   

So, in the spirit of the ACLU, my argument for enforcing bans on public camping when shelter is available and offered requires evidence that it is indeed feasible to develop suitable shelter space for all unsheltered homeless in a given jurisdiction.

But first:  What’s wrong with public camping? Here are the main problems:

Unhealthy encampment conditions. Garbage attracts rodents and other vermin. Food cannot be stored, nor dishes washed properly, facilitating the spread of food-borne diseases. Due to unhealthy conditions, contagious diseases have been spreading through camps, e.g. Typhus and Hepatitis A.

Victimization of the unsheltered homeless camping in public areas. Unsheltered homeless people are more likely to be victims of crime against the person than property crime. Often the homeless are victimized at night, prompting them to sleep only during daylight hours in parks and other public places.

Criminal activity by unsheltered campers. The longer someone is unsheltered, the more likely he or she will become involved in criminal behavior, largely due to the increased use of "non-institutionalized survival strategies," such as petty theft. 

Threats to business viability. Urban public camping has a more immediate impact on the nearby community because of proximity. In some urban settings, police rate unsheltered homeless and their behaviors as a bigger problem than drugs, car burglaries, public fighting, cruising, or noise.

Illegitimate use of public space. Residents and visitors may avoid public areas (e.g., streets at night, public parks) because certain areas have been claimed by transient individuals

Cost to society. Many unsheltered campers have medical problems and substance abuse issues and frequently come in contact with the police and social service providers, at a high cost to taxpayers. For example, , a study following 15 chronically homeless people in San Diego found that they cumulatively received more than $3 million worth of public services in just 18 months.

Next: More on the costs to society related to unsheltered homelessness.

References:

Anti-Camping Ordinances – Important Case Law and Frequently Asked Questions/ACLU of Washington State

Exploring the Crisis of Unsheltered Homelessness/ National Alliance to End Homelessness June 20, 2018

The Problem of Homeless Encampments/ by Sharon Chamard/ASU Center for Problem-Oriented Policing 2010 Guide