Sterling weighs whether to make it a crime for homeless to camp, sleep in public spaces

STERLING – In the wake of U.S. Supreme Court action that now allows cities to establish an ordinance to ban sleeping and camping in public spaces, Sterling’s City Council is considering establishing an ordinance to do so.

Violating such an ordinance could result in a misdemeanor charge, punishable by up to six months in jail. Sterling City Attorney Tim Zollinger said even if the city approved such an ordinance, it would only address people establishing camping sites or sleeping in public spaces.

The U.S. Supreme Court on June 28, in the case of City of Grants Pass v. Johnson, overturned a lower court’s ruling that had prohibited cities from enforcing public camping ordinances, which had been deemed cruel and unusual punishment under the Eighth Amendment. Now, municipalities can create and enforce these ordinances, even if local shelters cannot accommodate their homeless populations.

During the Aug. 19 City Council meeting, Sterling Alderman Joe Strabala-Bright said he felt conflicted about the discussion.

“On the one hand, I understand this could be a public safety concern,” Strabala-Bright said. “On the other, we’re a small community and we don’t have a lot of resources. The idea of criminalizing homelessness, which is what this feels like, doesn’t sit well with me.”

Alderman Jim Wise said if the city were to enact such an ordinance, it should first have the resources available to make the need for public camping preventable. He suggested a possible partnership with the Twin Cities Homeless Shelter at 111 E. 29th St. in Sterling.

“If we’re going to establish such an ordinance then we need to take on that responsibility,” Wise said. “I’m not saying we give them all the money, but if we unite I think there’s a way to expand that existing facility or find a second location.”

According to its website, the shelter, which is open from 7 p.m. to 7 a.m., has room for up to 25 people. City Manager Scott Schumard said some in the community fear Sterling’s homeless shelter has turned into a sort of permanent housing rather than a temporary place for some of its residents, effectively creating a “logjam” of available spaces.

Alderman Josh Johnson suggested the city could create a designated area for public camping and the possibility of a warming shelter. However, he cautioned that would mean the city would be responsible for managing and funding the site.

Zollinger encouraged the council to consider the ordinance as a tool that could provide them with the legal means to address potential issues.

“If you don’t have some semblance of a rule then you’re taking away tools that police officers have to try and steer people towards resources,” Zollinger said. “If you want people to camp in a certain area and you don’t have the facilities for them, you’re creating health and safety issues that can come up with those types of encampments. You need a tool because if you don’t and something happens, then you can’t address it.”

Sterling Police Chief Alex Chavira expanded on those concerns.

“What this doesn’t address is the mental health or substance abuse component that goes along with homelessness,” Chavira said. “That’s what we deal with every day. We reach out to our local resources daily attempting to get them the resources they need. That’s beyond our purview because it’s not a police matter but we are the ones who get called.”

The council meeting ended with more questions than answers. Mayor Diana Merdian urged her fellow council members to share their ideas and concerns with her.

“This was just a discussion, a starting point,” Merdian said. “I don’t anticipate having an answer by our next meeting, but it’s a discussion we’ll continue to have.”