Martin Kidston

(Missoula Current) Less than six months after passing an urban camping ordinance — and following a recent Supreme Court ruling — the Missoula City Council may change its rules to ban overnight camping in city parks.

That would mark a reversal of an ordinance passed in June that set the “time, place and manner” in which overnight camping was allowed in city parks. But the measure has since drawn growing public opposition, and many council members agree it’s not working as intended.

After a five-hour hearing, council members voted 7-3 Wednesday to consider the proposed changes in December.

“It’s become clear that this is something the public wants, especially among those who live near multiple parks,” said council member Bob Campbell, one of the measure’s sponsors. “We have heard many complaints about camping and a lack of compliance with existing rules, including sleeping in parks after 8am, littering, defecating and discarded drug paraphernalia, all of which make it impossible for children to use our parks and for others who are simply trying to make them. recreate.”

Current policy adopted in June prohibits camping in parks between 8:00 a.m. and 8:00 p.m. and details where overnight camping is permitted.

The ordinance also directed the mayor to “develop an urban camping support program” and explore other programs such as opening a licensed campground, providing more trash and needle containers, and establishing a permit program on street for overnight parking.

While portions of that ordinance may continue, the City Council is now trying to strike certain parts. Among them, it would eliminate the directive requiring the mayor to develop an urban camping program and change procedures for violations and penalties to increase the public’s expectation of personal accountability.

“In the few short months this ordinance has been in place, it’s clear that allowing camping in parks is not a sustainable or effective solution to meeting their needs or helping them access the services they need,” said Council Member Mike Nugent. “Parks are designed as spaces for all residents to enjoy, including families and children. There has to be some level of rule that allows the 5% that don’t follow the rules to be enforced.”

Most supporters of the proposed changes also see safety as an issue, both for those who sleep in the parks and for residents who live near the parks. But as one council member said, the city can’t solve every problem and isn’t equipped to be a service provider.

“We also have to rely on service providers in our community. City administration is simply not equipped for every possible situation,” said council member Amber Sherrill. “I think most of our community doesn’t want people camping in our parks, and neither do I. This creates safety issues for both campers and park users.”

Balancing opinions

Wednesday’s hearing drew comments from both those who support the ordinance change and those who oppose it. Opponents accused the city of “criminalizing” the homeless and imposing “cruel and unusual punishments.”

They also suggested the city shouldn’t pursue the changes simply because the U.S. Supreme Court cleared the way in its recent reversal of a Ninth Circuit Court decision.

“In Montana alone, we’ve seen boards and commissions close warming shelters, impose draconian fees, and impede the homeless’ efforts to find permanent, stable housing,” suggested John Rhoades of Montana Women Vote. “Missoula should not be driving this bandwagon.”

But others disagreed.

“We don’t want to be camping in city parks for the safety of our kids,” resident David Moore said. “There is a generational investment that this community has made in its parks. The city has other land it can make suitable for this purpose.”

Despite accusations by some that the city is “turning its back” on the homeless, recent actions speak otherwise, according to city officials.

During the last budget session, the city directed several million dollars to the homeless. Among the efforts, it funded the operation and management of the Johnson Street shelter for a year and paid for upgrades to the facility to include new restrooms and closets.

It also funded mobile assistance and crisis intervention teams and helped finance the construction of the Trinity and Villagio housing projects that reduced the city’s homeless population to 2018 levels, according to Dale Bickell, the city’s CAO.

Bickell added that the ordinance change doesn’t mean the city plans to stop working on homeless solutions.

“The city is working hard on housing deprivation,” he said. “Regardless of what amendments are passed, we intend to continue to enforce the law, with awareness and education at the fore. This will be done compassionately and in partnership with the provider community to minimize negative impact.”

Council members Kristen Jordan and Daniel Carlino have opposed the city’s current camping ordinance since June. On Wednesday, they also opposed proposed changes to the ordinance, trying to block the public hearing in December.

“We as a city council have all the collective resources and tax dollars,” Carlino said. “But it seems you all want to spend millions of dollars a year criminalizing people because they have nowhere to go and you’re moving them around in circles.”

Jordan added: “We should provide a safety net for all our citizens. The very laws they affect hurt the most vulnerable in our community. I want to say well done to all of you for doing this.”