Can council repeal the city's camping ban?
Technically, yes. Based on the city charter, there's nothing preventing it.
Is it going to ?
"I don't think so, " Mayor Danielle Trumble told The Dominion Post, explaining she's not been involved in any conversations regarding the law's repeal.
"I respect the decision of the voters, " she added. "But this is a good time to ensure that we are being compassionate with enforcement."
The Morgantown camping ban debate kicked off July 2, 2024, and basically ran hot until the end of April, when Morgantown's voters opted not to repeal the ban in a closely contested ballot referendum — 982 voted against repeal while 904 voted to strike it from the books.
As part of that same ballot, Morgantown elected two new council members, shifting the apparent majority opinion on the issue based on votes cast and /or public commentary offered by Trumble, Deputy Mayor Brian Butcher, Jodi Hollingshead and Mark Downs.
But even if a majority of council is aligned and the city's charter is hands-off on the matter, repealing a law immediately after it was upheld by the voters is shaky ground — not only electorally, but potentially legally.
When asked about the legality of a repeal, Trumble consulted the city's attorney and said she was informed that while there's nothing preventing it, there would likewise be nothing preventing a lawsuit for negating the vote.
Further, it was explained that most places build in a moratorium on action involving the subject of a referendum.
As for enforcement, Morgantown Communications Director Brad Riffee said there had been six warnings issued—but no citations written—as of Wednesday morning. The law took effect June 4.
Under the ordinance, a first violation results in a written warning and information about available shelter and services. A second violation may result in a fine of up to $200, and a third violation within a year may result in a fine up to $500 and /or up to 30 days in jail.
Individuals cited under the law are eligible for alternative sentencing if they seek assistance with substance use, mental health, or housing-related case management. The city is working with Valley HealthCare Systems to manage the alternative sentencing program.
Further, the law says no citation will be issued unless the person in violation has been offered "alternative shelter " and refused the offer. An offer of shelter means an alternate location, which may include "emergency shelter or any alternate indoor or outdoor location where the person may sleep overnight."
The problem is—and has been—that there are very limited shelter beds in and around Morgantown.
During the most recent council meeting, Butcher said the West Virginia Coalition to End Homelessness made him aware of multiple individuals whose offer of alternative shelter was in another city.
"If this shelter was aware of the fact that we were sending people there, they would probably not be too happy about it. It was out of town. I don't know how that necessarily qualifies as an offer of shelter. Technically, I guess it does, " he said. "This is what I was worried about, and the things I was talking about when I said we're putting our first responders in a bad position—where they have to respond to these things in ways that don't necessarily meet the needs of the people they're talking to."
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