MORGANTOWN, W.Va. — An ordinance that would enforce camping restrictions within the City of Morgantown will be discussed by Morgantown City Council on Tuesday.
The first reading of the proposed ordinance is on the agenda for the council’s regular meeting, which is expected to bring dozens of Morgantown residents and unsheltered individual advocates to voice strong opinions on the measure. The measure will be brought to the agenda around a month after the initial proposal was introduced by Morgantown City Councilor Louise Michael after discussions with downtown business owners and residents who have expressed concerns over reported vagrancy related crimes and nuisances over the past several months.
“They’re tired of the crime, and there are people who genuinely fear for their safety on these rail trails,” Michael said of the need for the ordinance to be considered when it was discussed during the council’s committee of the whole in July.
The proposed ordinance, classified under Article 1157 of the Morgantown City Charter, explicitly prohibits camping on any street, park, trail, or public property within Morgantown city limits. Anyone who does not have formal approval from the city to camp on municipal property will be given a written warning citation for first-time offenses, with fines of $200 implemented for any second-time offender. A fine of no more than $500 or a sentence of no more than 30 days in jail would be implemented for anyone who violates the ordinance a third time within a twelve-month period. This is an adjustment from the original $500 fine for first-time offenders and jail time for second-time offenders proposal that led to concerns from advocates when the ordinance was first proposed in July.
“We have very, very different strategies, rooted in evidence for how we get there,” said Morgantown resident and legal advocate Lindsey Jacobs, who expressed a need for more affordable housing efforts to address unshelted individuals. “Criminalization is not how we get there,” she said.
The new proposal up for a first reading vote also explicitly includes parameters on how citations would be implemented for those who violate the ordinance. No citation would be issued if the person was found to have not been given information on alternative shelters or was determined to be in need of substance abuse or mental health treatment. The determination of mental illness or need for substance use treatment would be made by a third-party expert who would be chosen by the Morgantown City Manager acting on behalf of the city, and if so, the person would then be prompted to go seek treatment. This aspect of the ordinance was also not part of the original proposal and was mentioned by several advocates who have spoken to the council in recent months, though calls for improved social services were included.
“You develop a housing department or a housing manager position, as has been suggested,” said Morgantown resident and social service worker Erin Shelton. “With the city, you put money towards a low barrier housing service, or you give folks the basic necessities they need to survive outside while they try to get back on their feet,” she said.
While no formal statement has been made by any of the advocates who have spoken in previous public forums, there’s an expectation that advocates from the West Virginia ACLU, Morgantown area social service workers, and community activists will address the council when they meet on Tuesday. There’s also a resolution on the council’s agenda that would direct a study to explore affordable housing options in the city. Even with adjustments made before first reading, there’s also an expectation that some members of the council will strongly consider voting against the measure based on the lack of trusted social service agencies in the area, a concern made worse by the financial struggles of Bartlett Housing Solutions. With the expectation that those who support the ordinance will not vote no, especially if adjustments were made to the original proposal, a contentious meeting could be on the cards for Tuesday.
“Part of the health and safety is trash; there are mountains of trash; part of the health and safety is feces,” said Morgantown Deputy Mayor Jenny Selin. “And part of the health and safety is stealing things and then finding them in the encampments,” she said.
According to the most recent Point in Time count conducted by the West Virginia Coalition to Address Homelessness, 175 people are considered unsheltered in the Morgantown area.