City council plans hearing to ban camping in Missoula parks
A proposed law to ban camping in all Missoula parks is expected to get a hearing in late October, roughly three months after the current law regulating urban camping went into effect .
About half of city councilors expressed support for the ban in interviews with the Missoulian, but some said they would need to see an alternative camping site presented first.
Seven councilors in favor would be needed to pass a new law.
Councilors Bob Campbell and Sandra Vasecka proposed the change because they said current law is not effective and many residents have pushed to eliminate parks as an option to sleep.
"Frankly, we are allowing camping in the parks when we don't have to," Vasecka told the Missoulian on Tuesday.
The Missoula urban camping law was made to hold up with the Ninth Circuit Court's "Grants Pass" ruling , which said cities in western U.S. states could not ban camping outdoors if there are not enough shelter beds for the homeless, Vasecka said.
The U.S. Supreme Court struck down the Oregon ruling in the same week the city council passed the current law.
Campbell told the Missoulian that the negative response from residents over the new law, paired with limited enforcement by the city, should require the council to make a change.
The city council is set to debate the new law on Oct. 23, with a final vote planned for Nov. 18, according to City Council President Amber Sherrill. Those dates could change if scheduling conflicts are found, Sherrill said.
The ongoing saga of how to manage homelessness in Missoula comes as the city phases in the enforcement of the current law, which requires people sleeping outside to follow buffer zones and time restrictions.
No camping is allowed on city property from 8 a.m. to 8 p.m., while people cannot camp with 100 feet of schools or businesses, 50 feet from waterways and 300 feet from schools or shelters. The full law can be found on the city's website .
Public outcry
Since the passage of the new law, some residents expressed frustration for allowing camping in city parks that are not near the downtown area , such as Bellevue Park.
A group of Missoulians formed a nonprofit called "No Camp Missoula" to advocate for banning camping in parks. Member David "Doc" Moore said the group has passed out 400 yard signs and circulated two petitions asking the city to ban all camping in parks.
"We expect to see some change here," Moore told the Missoulian, referencing more people who are now aware and opposed to camping. The group is advertising the proposed law and hearing on its website.
Council President Sherrill provided city data that showed residents are emailing about urban camping more than any other topic.
Of all emails sent to all city councilors in August and September, 42.72% were focused on urban camping, or 53 emails. Sherrill said 51 of those emails asked the city to ban camping within parks.
Passing the current law was not easy, as highlighted by a pair of June meetings that stretched past 3 a.m. to pass the legislation . Many who attended the June meetings opposed the law for being too restrictive, opposite to the "No Camp Missoula" goals.
More than 93 warnings and 21 citations have been written since the law went into effect, according to data presented to city council by Missoula Police Assistant Chief Jake Rosling.
However, Campbell and Vasecka contend that enforcement has not been consistent. Roughly 56 of Missoula's parks can be used under the urban camping ordinance, which they said stretches police and contracted private security groups thin.
Parks are not the place
Vasecka said her goal for the proposed park camping ban is to revert to Missoula's old system of banning camping outright within the city limits. The goal, she said, isn't to kick all homeless out of the city, but create a more "black and white" law that would ease enforcement.
Campbell said banning all camping could make it easier to develop a city-approved authorized or hardened camp area, rather than spread the homeless across the city limits.
Ward 3 Councilor Gwen Jones said the current law was a step in the right direction to address urban camping, but some parts of the law like allowing camping in the parks have not been accepted by city residents.
"We heard from folks who are opposed, and we need to back up a bit," Jones said.
She said the goal of the law should be to get more homeless people into the shelter system, but added she thinks people who refuse or cannot because of behavior issues must also be addressed.
Generally, parks are not the place where residents want the city to allow homeless people to stay, Jones said.
Ward 4 Councilor Mike Nugent told the Missoulian he supports a camping ban in the city's parks, but noted finding alternatives and improving enforcement should be a priority.
He said potentially working with the mayor's office to find some non-park land that can be used for temporary camping might be a better solution than a blanket ban, but he said Missoulians have generally opposed the current law.
"There should still (be) plenty of room to provide compassion, but accountability must increase," said Nugent, stressing that the current law isn't succeeding in getting people off the streets and into housing.
Ward 1 Councilor Jennifer Savage said the city is still identifying gaps in the process of implementing the law that need to be fixed and acknowledged growing frustration in some neighborhoods.
"I worry about the safety and vulnerability of our houseless neighbors camping in parks. And housed neighbors have expressed their disdain for it clearly," Savage wrote in an email. "With neighborhood equity in mind, I'd like to see the city identify non-park sites that meet the buffer zones set out in the ordinance where our unhoused neighbors can safely camp."
While Sherrill, the council president, said she is undecided on needed changes to the law, she said she knows many residents who have asked for a blanket ban to parks.
"The goal was never to have people sleeping in the parks, staying in the parks, it was to push people into the shelter system," Sherrill said.
Ward 5 Councilor Stacie Anderson said she would be comfortable banning parks if an alternative is found where people can go. She said residents are concerned with people camping along the Clark Fork River and does not want to move people to areas there.
Anderson also expressed concern that Missoula could be a destination for the homeless as other cities enact more restrictive rules.
Let the law play out longer
City Council Vice President Mirtha Becerra said implementation of the law has been a challenge, but she said the law has not been around long enough to truly know how effective it is.
Until more information is presented, Becerra is not ready to make a decision on the new law.
"I first would like to know what the implications of this amendment to the ordinance would mean. I think it is important to understand that no camping in parks will likely mean people will go somewhere else," Becerra said in an email.
Ward 2 Councilor Sierra Farmer said the council should take more time to see how the current law plays out and make needed changes in January, when the council first required the ordinance be reviewed.
Despite issues with the law, Farmer said she would not support banning camping in parks without an alternative.
Ward 6 Councilor Kristen Jordan said the current law does not work for homeowners, renters and the homeless themselves. While residents are upset about camping in the parks, she said the homeless are unsure where else to go.
Despite frustration with the current law, Jordan also opposed banning camping in the parks, unless another camping alternative is proposed. She said the city should propose an authorized camp site.
Ward 3 Councilor Daniel Carlino agreed that the current law is not working for the city, arguing the lack of shelter beds is the primary reason for why people are still sleeping outside.
"The City should spend our resources helping provide places for people to sleep safely and get connected to the services they need, rather than the current approach of moving people experiencing homelessness in circles," Carlino said in an email.
Carlino and Jordan were the only two councilors who voted against the current law in June.
Ward 1 Councilor Eric Melson said he has not seen the proposal and declined to comment.
Mayor Andrea Davis, who could cast a vote in the instance of a tie, said in a statement that the mayor's office generally doesn't comment on city council action but did note that she is listening to all ideas and concerns.
"As we've seen all across the nation, people living unsheltered in public spaces is a challenge communities are trying to manage, and Missoula is doing the same by trying out different things in an attempt to help people living unhoused while also ensuring a safe and enjoyable environment for all residents and visitors," Davis said in the statement. "We are in the dawn of this new policy and the July storm demanded, and still does, significant capacity from the City so we are rolling out implementation slowly after the budget was approved and we're able to implement provisions of the ordinance."
Griffen Smith is the local government reporter for the Missoulian.
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