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Newark City Council rejects proposed homeless camping ban

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Newark City Council rejects proposed homeless camping ban

By Brianna Hill
A public camping ban is being proposed in Newark while Wilmington police and leaders are also looking to crack down, with both relying upon a recent Supreme Court ruling. | SPOTLIGHT DELAWARE PHOTO BY BRIANNA HILL
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A public camping ban is being proposed in Newark while Wilmington police and leaders are also looking to crack down, with both relying upon a recent Supreme Court ruling. | SPOTLIGHT DELAWARE PHOTO BY BRIANNA HILL

In a 3-3 split vote, Newark’s city council rejected a proposal that would have banned public homeless encampments, leaving the city to rely on its existing enforcement practices to deal with those who are homeless.

During a robust debate held by council on Jan. 13, city officials argued the ban would create a more humane way of tackling homelessness, while others said it would only force people to move with no alternative. 

“This seems to be an improvement over what we do now. But it’s woefully inadequate,” 2nd District Councilwoman Corinth Ford said.

The ordinance, which was introduced to city council in early December, outlined prohibitions against setting up campsites with materials like tents, tarps and any other personal belongings.

The ordinance would have made camping on public property without authorization a misdemeanor offense, punishable by a fine of up to $50.

The proposal was inspired by the recent U.S. Supreme Court case City of Grants Pass v. Johnson, which took place last June. The court ruling deemed it legal to enforce bans on homeless encampments even when people have nowhere else to go. 

“There is trespass language in our current code that we have used historically to address encampments but following the recent Supreme Court decision on this topic, we thought it would be best to update our codes to make sure they were in accordance with that decision,” Tom Coleman, city manager of Newark, wrote to Spotlight Delaware in early January.

City officials said Newark has seen an increase in homeless encampments, highlighting the need for clearer guidelines on how to address the issue. During the council meeting, they pointed to a recent incident in which several encampments were set up at the Newark Free Library, but to move them, local police had to first get permission from New Castle County, which owns the library.

The city’s current trespass code says that those without license or permission may not dwell upon a “real property.” During the meeting, a city official mentioned that breaking this code requires a minimum fine of $100 and jail time, but that the new proposal would deal with these situations more “humanely” and consider each individual’s situation.

Under the current system, officers provide a written or verbal 10-day notice to individuals living in encampments, along with information about available services such as shelters and other resources. This process is sometimes supported by mental health social workers, according to city officials.

After the 10-day period, the Newark Police Department returns with the Parks Department to inspect the site. If the encampment has not been removed, city officials will clear it and may cite the occupants for trespassing.

Authorities are also allowed to discard the personal belongings of the individuals they cite, a provision that was modified in the new proposal. 

However, some council members weren’t satisfied with the ordinance, saying that the city needs to provide additional resources, like more housing and temporary shelter.

“I think that we need to maybe formalize some relationships with the local churches and support the efforts that they’re already doing and maybe expand on that, and to have the city participate a little bit stronger in the needs of those residents,” 1st District Councilman John Suchanec said.

Mayor Jerry Clifton voted in favor of the ordinance but acknowledged the need for more housing solutions. He expressed interest in the idea of establishing small home communities, something similar to what has been done in Elizabethtown, Pa.

But Clifton said that Newark doesn’t currently have the budget to create those resources.

“It’s going to take money from someplace other than us, because we don’t have the money, and it’s a shame. But I think there are answers out there,” he said during the meeting.

Before council took a vote, one community member, Eric Van Horne, gave public comment on what he said was a “misguided” ordinance. He highlighted that the fines in the ordinance will continue to put a strain on those who are unhoused, making it more difficult for them to find a stable place to live.

“What is needed to address homelessness is not a patchwork of solutions that criminalize homelessness, but investments in how to prevent the causes of homelessness and how to help the unhoused become sheltered,” Van Horne said.

After his comments, 4th District Councilwoman Dwendolyn Creecy and Councilman Suchanec changed their initial stance on the proposal and voted against it, along with Councilwoman Ford.

Four votes were needed to pass the ordinance and with 3rd District Councilman Jay Bancroft absent, the bill couldn’t go through.

However, according to Coleman, the proposal was meant to pass.

“In speaking with Councilwoman Creecy who voted no after the meeting, she indicated that she misunderstood the bill and would like to revisit the vote. It was her intention to vote for the option with lesser penalties and was confused by comments made by Mr. Van Horne which mischaracterized the ordinance,” Coleman wrote to Spotlight Delaware.

Ordinances are not reintroduced unless requested by the council. But until another measure on the issue is passed, Newark will continue relying on its trespassing ordinance to address and clear homeless encampments.