Well, Is Homeless Camping Illegal or Not?

Maybe it's the spring thaw, but there have been an awful lot of tent stories lately, both good and bad. First, after an ordinance banning tents in public parks was instituted in Honolulu, homeless campers outsmarted authorities by simply moving their setups to local sidewalks, which is perfectly legal. Along the way, they taught city officials that if shelters are full or unsuitable, criminalization measures do nothing but displace the homeless.

Then came middle Tennessee's record-setting flood last weekend, which knocked out Nashville's many tent cities. Unlike their housed neighbors, these residents have no recourse and nowhere to start to rebuild. Blogger Steven Samra hopes that, despite the fact that some in the community will be glad to see the encampments gone, local advocates can use the tragedy to push for an official, sanctioned tent city.

Now two new stories again raise questions about whether camping should be legal and when, where and why. In Vancouver, a homeless man named James Oikle set up his tent outside the city's courthouse and police station and was ticketed. So he fought it, saying that he feels unsafe camping in city parks and thought that he, and his 21-year-old daughter, who sometimes camps with him, would be protected in plain sight. (There are well-meaning ulterior motives from the Pivot Legal Society, which is helping Oikle fight for his rights and also provided his tent. Like any good court case objecting to widespread discriminatory practices — Roe v. Wade, Brown v. Board — the crusading organization needs a human example.)

Well, he won.

The city quickly backtracked, blaming the ticketing on an inexperienced officer who didn't know about Vancouver's non-enforcement policy for campers. Pivot Legal Society, which was integral to some homelessness awareness-raising measures during the Olympics, is pushing the city to repeal the laws, not just decline to enforce them.

Worse news comes from Indiana, where retired priest Hal Taylor invited homeless individuals to camp out in his backyard until the city of Bloomington comes up with permanent housing solutions. Homeless people, he said, "are dealing with a system that would like them to die or go away." Neighbors, predictably, were frightened by the dozen homeless men in Taylor's yard. Now city officials have ordered them to move on. Bloomington Mayor Mark Kruzan said the tents function as a shelter and therefore violate city codes. But it's unclear where the tent-dwellers are expected to go.

When will cities with a scarcity of shelter beds learn that homeless people without tents don't disappear but homeless people with living wage jobs, affordable housing and access to services do? It's magic!

Photo credit: peyri