MORGANTOWN, W.Va. — The proposed ordinance that would expand on a camping ban in the City of Morgantown has passed first reading.
The ordinance, which explicitly prohibits camping on any street, park, trail, or public property within Morgantown city limits, was passed on a 4-3 vote by Morgantown City Council as part of a heavily contentious regular meeting Tuesday. The measure that passed on first reading included many adjustments from the original proposal brought to council by Councilor Louise Michael in July, but still included penalties of fines and potential jail time for multi-time offenders if it were to become law. Councilors Brian Butcher, Danielle Trumble, and Mayor M. Joe Abu-Ghannam voted against the ordinance as written and approved three separate amendments and a motion to table the measure altogether, each was voted down on a 4-3 vote. Deputy Mayor Jenny Selin, Councilor Michael, along with Councilors Bill Kawecki and Dave Harshbarger, each voted in favor of the ordinance and voted against the amendments and the motion to table after a heated, hour-long conversation on the subject.
“People have been in distress, not able to enjoy their trail and downtown,” said Selin ahead of her ‘yes’ vote on the ordinance. “This fills in some of the loopholes that have been discussed when we’re talking about how to make sure that we are taking care of our downtown,” she said.
The proposed ordinance, classified under Article 1157 of the Morgantown City Charter, explicitly prohibits camping on any municipal property without formal approval from the city. Anyone in violation of the ordinance will be issued 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 without any written avenues to explore alternative shelter or treatment options. Despite the changes, Butcher, who was supported by Trumble throughout the meeting, pressed on a call to table the ordinance before attempting to pass three amendments based on what he felt were the broad, ineffective aspects of the ordinance, which call for more police resources and fewer attempts to address affordable housing options. After the meeting, both he and Trumble expressed embarrassment over conversations that they felt were leading to brick walls.
“I feel pretty disgusted by the way that we had conversations today, I’m ashamed to be a part of this, said Butcher at the conclusion of the meeting. “It’s shameful to me that the second the Supreme Court says a long-standing right is struck down, we’re like, okay, let’s go ahead and do this,” he said.
Parameters on how citations would be implemented for those who violated the ordinance were also added ahead of the first reading vote. 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. For the members of the council who supported the ordinance, this was considered decent middle ground after months of conversations involving social services agencies, police officers, and residents where reports of vagrancy, open drug use, and robberies, among other crimes, weren’t offering long-term answers.
“We go through this, and they all say eventually, ‘I can’t help you, but I will continue to do the good that I can do,’ which means that they actually encourage the activity,” said Councilor Bill Kawecki. “Because they provide them the necessary equipment to do it, whether it’s a tent or a machete,” he said.
The ordinance was passed amidst protests from close to two dozen advocates for unsheltered individuals, around a dozen residents, and small business owners who voiced support for the measure, along with a near-split vote from members of the council. Advocates for unsheltered individuals who attended the meeting continued to oppose the ordinance on several grounds, particularly the lack of affordable housing and social service opportunities, issues further magnetized by the financial struggles of Bartlett Housing Solutions. Added to the lease concerns that may delay the opening of the emergency shelter operated at Hazel’s House of Hope by Catholic Charities West Virginia on September 1, the ordinance was viewed as advantageous to anyone who can’t find an emergency shelter and wants to get back on their feet.
“I’m asking you now not to be the people who add more barriers and make accessing housing even harder,” said Morgantown resident and Project Rainbow Board Chair Erin Shelton. “And when you do it anyways, know it’s an act of cruelty and not an act of passion,” she said.
Those who supported the ordinance expressed a need to not only continue to improve social service offerings but also to address the numerous reports of vagrancy-related crimes, particularly the open drug use that has been reported over the past several months. Among those who spoke out were two lifelong residents, two residential property owners, and a former West Virginia University student turned resident who each offered individual experiences of property damage, harassment of tenants, and public exposure that have negatively influenced downtown Morgantown activity. While the ordinance still has to go through a second reading before it becomes law, those residents feel this is a good start to solving an issue that’s detrimental to community growth.
“I love Morgantown, I love everything about it, there’s just been so many changes that I noticed from when I was originally here and when I’ve come back,” said resident Andrew Leone, who moved back to Morgantown after attending WVU around 2010–2011. “I just don’t want to see the town go any farther in the opposite direction,” he said.
The second reading of the ordinance will be up for a vote when the council holds its regular meeting in September.