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Yahoo
25-03-2025
- Politics
- Yahoo
WV homeless services providers oppose camping ban being considered in Senate
A sign in Wheeling, one legal camping area outlines rules and the boundary for the site. The West Virginia Senate is considering a bill that would ban camping on public property throughout the state. (Daniel Finsley | Finsley Creative for West Virginia Watch) The West Virginia Senate is considering legislation that would prohibit homeless people and others from 'camping' on public property throughout the state. Homeless services providers say the resources it would take to enforce such a ban would be better spent to bolster the state's emergency shelter network and affordable housing. House Bill 2382 would impose up to a $500 fine or 30 days in jail for camping or storing personal belongings on streets, parks, trails or other public property. It defines camping as using backpacks, sleeping bags, blankets and other equipment. The bill has already been approved by the House of Delegates. The Senate Judiciary Committee last week amended the bill to add that law enforcement may refer people to shelters, mental health or addiction services instead of imposing a penalty. The bill was referred to the Senate's Rules Committee on second reading Tuesday due to calendar management, a spokeswoman for the Senate said. Mark Phillips, president and CEO of Catholic Charities West Virginia — an organization that provides homeless services throughout the state, including an emergency shelter in Morgantown and a day shelter in Wheeling — testified last week that though the legislation allows law enforcement to tell people about resources to get help finding shelter, the state does not have enough emergency shelter beds for every homeless person. The state has approximately 600 emergency shelter beds during the winter, and about half that during the warmer months, he said. There were about 1,800 sheltered and unsheltered homeless people counted during the 2024 Point in Time count. During an interview, Phillips said his main concern with the bill is that it's an attempt to hide homelessness rather than addressing the reasons people end up without housing. 'The primary concern just seems to be getting people who are experiencing homelessness off a street or park or wherever, and moving them somewhere, even if that doesn't help the root cause of the problem,' he said. According to the state Division of Corrections and Rehabilitation, it costs about on average $20,000 per year to jail someone. Phillips said it would be cheaper to fund shelters. 'These shelters are specifically structured to help people move back toward housing, whether that's counseling toward treatment, counseling toward mental illness, or breaking down barriers to housing, whatever it is, that's what these places do,' he said. 'To put people experiencing homelessness right into a prison system that we know does not work for people experiencing homelessness, just continues to perpetuate the problem. These people would just end up right back on the street, and now they have an additional something on their record.' The bill would push the cost of enforcement to the cities and counties when it could be funding housing initiatives, he said. In Charleston, the two emergency shelters stay full, said Traci Strickland, executive director of the Kanawha Valley Collective, a continuum of care that serves Kanawha, Clay, Boone and Putnam counties. 'I'm sure this morning, like every other morning, we had people line up at our centralized assessment office to try to get a bed in shelter, and they're going to be told that there aren't beds available, that the beds are full,' Strickland said. Beyond the lack of shelter beds, Strickland said people have a hard time finding and securing affordable housing because of their history with homelessness and mental illness. 'We have individuals experiencing homelessness that want to be in shelter or want to be housed, and we have agencies that are working really hard to make that happen, but there are barriers every step of the way,' she said. A shortage of affordable housing units in the state also contributes to homelessness, providers say. West Virginia has a shortage of about 25,000 low income housing units, according to the latest analysis by the National Low Income Housing Coalition. 'Criminalizing homelessness is a harmful policy that not only fails to address the root causes of homelessness, but also exacerbates economic challenges in rural communities and states,' said Lauren Frederick, continuum of care director for the West Virginia Coalition to End Homelessness. 'Focusing on criminalization ignores long-term solutions like affordable housing, mental health care and job programs, which are more effective and cost-efficient,' she said. 'Investing in affordable housing and support services is a more compassionate, sustainable and cost-effective solution to homelessness.' While homeless providers generally do not support encampments as an ideal situation for communities or the people living in them in encampments, Frederick said there's a cost-effective, humane way to dismantle an encampment, offering connection to permanent housing resources and proper notice to those living there to arrange to remove their belongings. 'Criminalizing homelessness does nothing to address the root issues that cause homelessness. It simply adds more barriers for people to have to overcome to try to get out of it,' said Ashley Hawkins, director of community relations for the West Virginia Coalition to End Homelessness. Homeless people very likely cannot afford the fine associated with the offense, and criminal offenses on a person's record can prevent access to housing assistance and be a deterrent to a landlord, she said. 'Adding barriers to people is never going to help solve the problem,' Hawkins said. 'What would help solve the problem is if there was a bit more of a focus on long-term housing situations, on mental health, on job programs, things of that nature that actually address some of the causes. This does not.' Since the U.S. Supreme Court upheld a camping ban in Grants Pass, Oregon last summer, dozens of local governments around the country have passed similar laws as they grapple with record levels of homelessness amid a shortage of affordable housing. In West Virginia, Morgantown, Clarksburg, Bluefield and Princeton passed camping bans last year. Morgantown residents successfully petitioned to have the ban reconsidered. The issue is expected to be decided during the city's election next month. Del. Geno Chiarelli, R-Monongalia, the lead sponsor of House Bill 2382, said he introduced the legislation in response to Morgantown's camping ban possibly being overturned. Proponents of camping bans say encampments are a deterrent to economic development and discourage people from using public parks and spaces. An attorney for the Senate Judiciary Committee said that, should it become law, House Bill 2382, would allow municipalities to authorize camping within certain areas in their jurisdictions. Senate Judiciary Chairman Mike Stuart, R-Kanawha, said House Bill 2382 is not aimed only at homeless people, but could be used during anti-Israeli protests. 'This would apply, you see these outrageous pro-Hamas demonstrations that are violent in places like New York,' Stuart said. 'This would apply there, where some of those violent radical groups are camping and disturbing the peace. It would apply.' 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Yahoo
11-03-2025
- Politics
- Yahoo
West Virginia House passes camping ban; bill advances to Senate for consideration
Del. Geno Chiarelli, R-Monongalia, sponsor of House Bill 2382, speaks on the House floor in Charleston, on Tuesday, March 11, 2025. (Perry Bennett | West Virginia Legislative Photography) The West Virginia House of Delegates signed off Tuesday on a bill that would prohibit homeless people from camping on public property throughout the state. The House approved House Bill 2382 with a vote of 89-9 and two delegates not voting. The bill would impose fines of up to $500 or up to 30 days in jail for homeless people who camp or store personal property on streets, parks, trails or other public property throughout the state. If the bill becomes law, West Virginia would join dozens of local governments in prohibiting homeless people from sleeping in public areas following the U.S. Supreme Court decision last year upholding a similar ban in Grants Pass, Oregon. In West Virginia, at least four cities — Clarksburg, Morgantown, Bluefield and Princeton — passed camping bans last year. Opponents of camping bans say they do not help the root causes of homelessness, like a lack of affordable housing and mental illness, and make the problem worse by imposing fines and criminal penalties on unhoused people, making it more difficult for them to get into housing. In Morgantown, the Morgantown Coalition for Housing Action challenged the camping ban, and voters will decide whether the ordinance will go into effect during the city's election next month. Bill sponsor Del. Geno Chiarelli, a Republican representing Monongalia County, said his legislation was in response to the city's camping ban being challenged and possibly overturned. The coalition is opposed to the statewide ban. A representative from the coalition said the legislation 'illustrates the illusion of representation that is consistently presented to the working class' and blamed Monongalia County commissioner Tom Bloom for supporting it. West Virginia Watch could not find public comments from Bloom where he expressed support of the legislation. Bloom could not be reached for comment. 'As an authoritarian regime threatens the entire country, Geno's legislation and Tom's support have made clear their intent to abandon West Virginians and bend the knee to fascism, all under the guise of economic efficiency,' Miles Case, a part of the coalition, said in a written statement. 'The people of West Virginia have a long history of resisting tyranny in all forms, and we once again refuse to be silent or complicit in its attempted enactment.' Speaking in favor of the bill from the House floor Tuesday, Chiarelli said with the bill, he seeks to create a uniform policy about homeless encampments instead of a patchwork of statutes and ordinances across the state. 'I think when we address the homelessness issue, the drug use issue, the mental health crisis that we're facing, I think that consistency and uniformity is something that has to be key,' Chiarelli said. He said the bill is a start of making the West Virginia cities and the state a better place to live. 'Our city [Morgantown] is not the same as it was 10 years ago, and this is an issue that takes a lot of people working in sync,' he said. 'There's a lot of moving parts, a lot of cogs that all have to turn at the same time and in the same way. But this is one small piece that we could do to try and make our cities, our municipalities, a better place to live, somewhere where people aren't afraid to take their kids to the public library anymore. 'I would encourage you to vote yes. And of course, this is just one piece that we have moving forward, because we are going to make West Virginia a better place,' Chiarelli said. 'And I think this is how it starts.' Democrats who opposed the bill cited the need to give local government control and concern that it would give homeless people a choice between using a blanket or tent to keep more or breaking the law. The bill defines camping as using 'camping paraphernalia,' including 'backpacks, bags, rucksacks, tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks or portable cooking facilities and similar equipment.' 'What I'm worried about… is that someone simply that is just trying to find shelter, that's fallen upon hard times, would have to make that choice, right?' said Del. Sean Hornbuckle, D-Cabell. 'Someone that's just trying to stay warm. And so again, I ask the question, what are we doing that we can't vet these things a little bit more? Again, great idea, and I truly appreciate it. We have to do something, but the way that is currently written to not provide for safety for our neighbors. They might be going through something, I get that, but they are still our neighbors in our cities. I respectfully will have to oppose this piece of legislation.' John Williams, D-Monongalia, said the bill would take away Morgantown voters' ability to decide on that city's camping ban during its election in April. 'After a lot of discussions with a couple of my colleagues from Morgantown, it seems wrong for me at this juncture to take away their right to address this issue when they have that opportunity just five, six short weeks from now, to be able to give their opinion,' Williams said. Del. Wayne Clark, R-Jefferson, was the lone Republican to vote against the legislation. Clark said he agrees with the intent behind the legislation, getting rid of homeless encampments, but suggested the bill be amended so that it doesn't inadvertently affect tourists along the Hatfield and McCoy Trail system. The bill has carve outs for people lawfully camping in campgrounds or staying in a registered vehicle located in an area where they may be lawfully. Under questioning by Clark, Chiarelli said that side-by-side vehicle operators who are not registered with the Division of Motor Vehicles could be considered unlawfully camping if they pull off of trails and set up a tent. 'I'd hate to see individuals that are on our bike trails or on our walking trails or on our side-by-side trails, getting tickets because they decided to pull over in their side-by-side, pitch a tent for the evening, rather than try and drive on unfamiliar terrain at night,' Clark said. The bill next goes to the Senate for consideration. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
11-03-2025
- Politics
- Yahoo
West Virginia House passes camping ban; bill advances to Senate for consideration
Del. Geno Chiarelli, R-Monongalia, sponsor of House Bill 2382, speaks on the House floor in Charleston, on Tuesday, March 11, 2025. (Perry Bennett | West Virginia Legislative Photography) The West Virginia House of Delegates signed off Tuesday on a bill that would prohibit homeless people from camping on public property throughout the state. The House approved House Bill 2382 with a vote of 89-9 and two delegates not voting. The bill would impose fines of up to $500 or up to 30 days in jail for homeless people who camp or store personal property on streets, parks, trails or other public property throughout the state. If the bill becomes law, West Virginia would join dozens of local governments in prohibiting homeless people from sleeping in public areas following the U.S. Supreme Court decision last year upholding a similar ban in Grants Pass, Oregon. In West Virginia, at least four cities — Clarksburg, Morgantown, Bluefield and Princeton — passed camping bans last year. Opponents of camping bans say they do not help the root causes of homelessness, like a lack of affordable housing and mental illness, and make the problem worse by imposing fines and criminal penalties on unhoused people, making it more difficult for them to get into housing. In Morgantown, the Morgantown Coalition for Housing Action challenged the camping ban, and voters will decide whether the ordinance will go into effect during the city's election next month. Bill sponsor Del. Geno Chiarelli, a Republican representing Monongalia County, said his legislation was in response to the city's camping ban being challenged and possibly overturned. The coalition is opposed to the statewide ban. A representative from the coalition said the legislation 'illustrates the illusion of representation that is consistently presented to the working class' and blamed Monongalia County commissioner Tom Bloom for supporting it. West Virginia Watch could not find public comments from Bloom where he expressed support of the legislation. Bloom could not be reached for comment. 'As an authoritarian regime threatens the entire country, Geno's legislation and Tom's support have made clear their intent to abandon West Virginians and bend the knee to fascism, all under the guise of economic efficiency,' Miles Case, a part of the coalition, said in a written statement. 'The people of West Virginia have a long history of resisting tyranny in all forms, and we once again refuse to be silent or complicit in its attempted enactment.' Speaking in favor of the bill from the House floor Tuesday, Chiarelli said with the bill, he seeks to create a uniform policy about homeless encampments instead of a patchwork of statutes and ordinances across the state. 'I think when we address the homelessness issue, the drug use issue, the mental health crisis that we're facing, I think that consistency and uniformity is something that has to be key,' Chiarelli said. He said the bill is a start of making the West Virginia cities and the state a better place to live. 'Our city [Morgantown] is not the same as it was 10 years ago, and this is an issue that takes a lot of people working in sync,' he said. 'There's a lot of moving parts, a lot of cogs that all have to turn at the same time and in the same way. But this is one small piece that we could do to try and make our cities, our municipalities, a better place to live, somewhere where people aren't afraid to take their kids to the public library anymore. 'I would encourage you to vote yes. And of course, this is just one piece that we have moving forward, because we are going to make West Virginia a better place,' Chiarelli said. 'And I think this is how it starts.' Democrats who opposed the bill cited the need to give local government control and concern that it would give homeless people a choice between using a blanket or tent to keep more or breaking the law. The bill defines camping as using 'camping paraphernalia,' including 'backpacks, bags, rucksacks, tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks or portable cooking facilities and similar equipment.' 'What I'm worried about… is that someone simply that is just trying to find shelter, that's fallen upon hard times, would have to make that choice, right?' said Del. Sean Hornbuckle, D-Cabell. 'Someone that's just trying to stay warm. And so again, I ask the question, what are we doing that we can't vet these things a little bit more? Again, great idea, and I truly appreciate it. We have to do something, but the way that is currently written to not provide for safety for our neighbors. They might be going through something, I get that, but they are still our neighbors in our cities. I respectfully will have to oppose this piece of legislation.' John Williams, D-Monongalia, said the bill would take away Morgantown voters' ability to decide on that city's camping ban during its election in April. 'After a lot of discussions with a couple of my colleagues from Morgantown, it seems wrong for me at this juncture to take away their right to address this issue when they have that opportunity just five, six short weeks from now, to be able to give their opinion,' Williams said. Del. Wayne Clark, R-Jefferson, was the lone Republican to vote against the legislation. Clark said he agrees with the intent behind the legislation, getting rid of homeless encampments, but suggested the bill be amended so that it doesn't inadvertently affect tourists along the Hatfield and McCoy Trail system. The bill has carve outs for people lawfully camping in campgrounds or staying in a registered vehicle located in an area where they may be lawfully. Under questioning by Clark, Chiarelli said that side-by-side vehicle operators who are not registered with the Division of Motor Vehicles could be considered unlawfully camping if they pull off of trails and set up a tent. 'I'd hate to see individuals that are on our bike trails or on our walking trails or on our side-by-side trails, getting tickets because they decided to pull over in their side-by-side, pitch a tent for the evening, rather than try and drive on unfamiliar terrain at night,' Clark said. The bill next goes to the Senate for consideration. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
05-03-2025
- Politics
- Yahoo
WV House judiciary approves camping ban bill; legislation next goes to House floor for vote
A sign in Wheeling, one legal camping area outlines rules and the boundary for the site. (Daniel Finsley | Finsley Creative for West Virginia Watch) A bill that would prohibit homeless people from camping on public property throughout West Virginia is headed to the floor of the House of Delegates for a vote. The House Judiciary Committee signed off on House Bill 2382 Wednesday morning. The bill would impose fines of up to $500 and up to 30 days in jail for homeless people who use camping paraphernalia, including tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks or portable cooking facilities and similar equipment, on governmental or public property, grounds or lawns. A committee substitute for the bill approved Wednesday added backpacks, bags and rucksacks to the definition of camping paraphernalia. It also rewrote a section to require that those enforcing the law make the person violating the law aware of any alternative shelter, if available, but does not prevent enforcement of the law if there's no shelter available. Dozens of governments, including at least four West Virginia cities, have passed camping bans after a Supreme Court decision last year upholding a similar ban in Grants Pass, Oregon. Opponents say the laws make homelessness worse by imposing fines and criminal penalties on people that make it more difficult for them to find housing. Del. Geno Chiarelli, R-Monongalia, lead sponsor of HB 2382, told West Virginia Watch Tuesday the legislation is in response to Morgantown's ban being challenged and possibly overturned. Chiarelli said he thought the ordinance would have been a positive step for the city. Morgantown voters will decide during the city's April election whether that city's ban will go into effect. During the meeting Wednesday, lawmakers who opposed the ban raised concerns about shelter availability and jail costs, among other things. 'Homelessness is a really complex issue, and I appreciate that the Legislature is trying to address it. I'm just not convinced this is the right approach,' said Del. Evan Hansen, D-Monongalia. 'As I think everybody here knows this, this issue has to do with affordable housing, has to do with substance use disorder, has to do with mental health. There are a lot of different issues that play into the homelessness issue.' Hansen said he'd gotten more emails from constituents about this bill than any other this session so far. Most of them were from people in Morgantown, he said. Hansen said the bill has flaws. 'What happens if there's no shelter in the community, [when] there's no option to refer people to? What happens then? This bill doesn't address that,' Hansen said. 'What happens in a community like Morgantown, where the shelter is routinely full. This bill doesn't address that.' An earlier version of the bill said that no criminal penalties would be imposed on people unless they're offered shelter and refused. The section was not in the approved committee substitute for the bill. 'This bill would criminalize homelessness, would impose fines on people who probably don't have any money, and jail terms on people who are just trying to get by,' Hansen said. Del. Bill Flanagan, R-Ohio, said the bill could mean that lots of money is spent jailing people instead of helping them. 'How can we not find a better purpose for that money to assist these people that are suffering homelessness? And I say this in all honesty, in West Virginia, we see a lot more of it than any of us realize,' Flanagan said. 'We're blessed to have families that take people in that don't have homes. Our homelessness level is far, far higher than what we understand, than what we see. He added that he understands that there are safety issues with encampments. He's had experiences walking down streets feeling unsafe, he said. 'This one, I don't know if this is going to be a good set for us,' he said. 'I just feel like we're going to end up costing our counties and our cities a lot of money.' Speaking in favor of the bill, Del. Rick Hillenbrand, R-Hamsphire, said that homeless encampments dissuade people from using public parks and other areas. 'Without this law, communities that are not incorporated, don't have the ability to put in ordinances, are basically left without recourse,' he said. 'I urge passage of the bill as amended.' The bill will next go to the full House of Delegates for a vote. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
04-03-2025
- Politics
- Yahoo
WV House Judiciary considers statewide camping ban aimed at homeless people
Del. Geno Chiarelli, R-Monongalia, lead sponsor of House Bill 2382, addresses the House Judiciary Committee Tuesday, March 4, 2025 in Charleston, (Lori Kersey | West Virginia Watch) Camping and storing personal belongings on public property would be prohibited statewide under a bill the West Virginia House of Delegates is considering. House Bill 2382 would impose fines of up to $500 and up to 30 days in jail for homeless people who use camping paraphernalia, including sleeping bags and blankets, on governmental or public property, grounds or lawns. The bill has carve outs for lawfully camping in campgrounds or trailer parks approved for that use. The legislation was before the House Judiciary Committee for a hearing Tuesday morning. Following a U.S. Supreme Court decision last year upholding a camping ban in Grants Pass, Oregon, dozens of local governments around the country have passed similar laws as they grapple with record levels of homelessness amid a shortage of affordable housing. Opponents of the laws say camping bans do nothing to address homelessness and even make the problem worse by imposing fines and criminal records on people who have nowhere else to go. In West Virginia, Morgantown, Clarksburg, Bluefield and Princeton passed camping bans last year after the Grants Pass decision. Morgantown's camping ban is on the ballot for the city's April election after a coalition successfully petitioned the city council to reconsider the law. Del. Geno Chiarelli, R-Monongalia, lead sponsor of HB 2382, said the legislation is in response to Morgantown's ban being challenged and possibly overturned. Chiarelli said he thought the ordinance would have been a positive step for the city. 'I think that the quality of life in Morgantown is not the same as it was 10 years ago, and I thought this was something that we could do to try and get us back on track,' Chiarelli told a reporter after the meeting. 'It is no silver bullet piece of ordinance, legislation. We know those things don't exist, but I liked where things were going. 'And then I found out that it was, it was going to be overturned via the petition and everything, and I didn't think that that was the right decision,' he said. During the judiciary meeting Tuesday, the bill drew questions from Democrat lawmakers about what the bill would mean when there's no shelter space available to people. According to the bill, no criminal penalty will be imposed on a person unless they've been offered an alternative place to sleep and declined. But Chiarelli said the bill requires only that people be notified of any alternative shelter and does not contemplate what would happen if no space is available. Many West Virginia counties, particularly rural areas, do not have emergency homeless shelters. In cities like Charleston, Wheeling and Morgantown that do have services, those shelters are regularly full. Del. Evan Hansen, D-Monongalia, said one of the bill's unintended side effects could be that more homeless people may come to places like Morgantown where more services are available to them. Del. Shawn Fluharty, D-Ohio, argued that, because the bill outlaws camping as defined by using sleeping bags, blankets, tarps and other 'camping paraphernalia' it would require homeless people to give up protection from the cold or risk breaking the law. That could violate the Eighth Amendment of the Constitution, which prohibits cruel and unusual punishment, he said. 'My question now is, if the state is now saying that you have to give up protections, which are biologically required because you need to sleep, are we not then becoming violative of the Eighth Amendment in creating a situation where it's cruel and unusual by telling people they have to give up their belongings, their protections, because that is now camping and violative of the law?' Fluharty said. After the meeting, Chiarelli said shelter beds are something that would have to be figured out moving forward. He pointed to a 'number of pieces of legislation' that address affordable housing and making life better for homeless people, including House Bill 2935, entitled 'a comprehensive approach to homelessness,' which is pending in the Judiciary committee. 'Of course, those kinds of things take money, and I'm never opposed to spending money to make life better for people, but it has to be done in a fiscally responsible way,' he said. The bill may next come back before the Judiciary Committee for amendments and passage before going to the full House of Delegates for a vote. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
