Some say new Jeffersonville camping ban targets homeless

Some say new Jeffersonville camping ban targets homeless
Courier Journal                                                                                             June 17, 2014
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Some say new Jeffersonville camping ban targets homeless

The head of a Southern Indiana homeless ministry has stepped down from the Jeffersonville Homelessness Task Force after the city council approved a camping ban on public and private properties throughout the city.

Paul Stensrud, director of Jesus Cares at Exit 0, believes city leaders are unfairly targeting homeless people and wishes city leaders had followed the advice of the task force, which recommended it incorporate the city’s 48-hour written notice policy into the camping ordinance.

“The city has paid the task force $30,000 to fund a (long-term) study of homeless needs. But what’s the point in paying for a study if the city isn’t going to listen to us?” Stensrud said.

The measure passed at Monday’s council meeting was one of three ordinances introduced earlier this month by City Attorney Les Merkley.

Merkley said he’s disappointed Stensrud and other homeless advocates aren’t supportive of the camping ordinance, which he said was drafted from similar ordinances in bigger cities and applies to everyone equally, not just the homeless. Enforcement will likely be complaint-driven, he said.

“The homelessness study has nothing to do with the camping ordinance,” he said, adding .

The task force was formed in January 2013 after Jeffersonville city officials were criticized in late 2012 about city workers removing tents and other property of the homeless near the Court Avenue exit off Interstate 65. Construction on the Ohio River Bridges Project began last summer, forcing those seeking shelter inside I-65 and U.S. 31 underpasses to relocate.

While the city parks policy prohibits camping in parks, Merkley said earlier this month the city’s newest park and ramp presented a dilemma since it doesn’t close at night like other parks.

“‘Camp’ means to reside or dwell temporarily in a place, with a shelter and conduct activities of daily living such as eating, sleeping or the storage of personal possession in place,” the ordinance states. “The term ‘shelter’ includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing.”

“Where are they supposed to go?” asked Stensrud.

Merkley emphasized that city police cannot issue citations, make arrests or otherwise enforce it without first giving oral and written requests letting campers know they could be cited or arrested, as well as making an attempt to determine if campers need medical aid or human services.

And Merkley said it also doesn’t repeal the 2013 city policy that states homeless people must be given written notice 48 hours before city workers remove their tents and other belongings, and requires the city to take “reasonable efforts” to notify organizations that serve the homeless — such as Exit 0 — before removing the temporary shelters or personal property.

But task force members asked Merkley via email to include the 48-hour notice in the camping ordinance to give it more teeth.

“Ultimately, what was passed [Monday] was disappointing,” said task force member Beth Keeney, vice president of development and grants for LifeSpring Inc.

Keeney said it remains unclear how the new policy will be enforced.

“People have to exist somewhere,” Keeney said. “We can’t keep pushing them away.”

Still, Keeney said she will continue working with city leaders and serving on the task force because she believes a comprehensive, long-term homelessness study is critical to coming up with long-term solutions.

It’s unclear how long it will take to complete the study, which is being spearheaded by Melissa Fry, director of Indiana University Southeast’s applied research and education center.

She’s hoping the study will show the city’s need for a day center — where homeless people could go to cool off or warm up and have their needs assessed — an idea that Stensrud and other homeless advocates have long pushed for.

Merkley told task force members he couldn’t recommend the camping ordinance apply only to the area near the Big Four ramp.

Seven council members voted in favor of the camping ordinance on Monday. Councilman Zach Payne, the lone vote against it, said it seemed partly redundant since existing trespassing laws already prohibit camping on private property. And Payne said it’s unnecessary to require campers on private property to have written consent of property owners.

“I believe people should have the right to do with their property what they please,” Payne said.

Reporter Charlie White can be reached at (812) 949-4026 or on Twitter @c_write.

Charlie White
cwhite@courier-journal.com