Allentown Council passes resolution protecting homeless rights, two weeks after initial effort failed

Allentown City Council passed a resolution Wednesday intended to protect the city’s homeless population, two weeks after an initial version of the bill failed to pass.

Council voted 6-1 in favor of a resolution affirming the city’s commitment to “equitable use of public spaces” and “compassionate approaches to addressing homelessness.” City resolutions generally are symbolic and not legally binding.

Vicki Kistler, the city’s community and economic development director, said Mayor Matt Tuerk worked with progressive council members Ce-Ce Gerlach and Natalie Santos on the resolution. The city “took into consideration” a recent Supreme Court ruling, Grants Pass v. Johnson, that enables cities to cite or fine people who camp or sleep in public.

The passage comes two weeks after City Council rejected a similar resolution, called the “unsheltered bill of rights,” that outlined 12 specific rights that Allentown residents, housed or not, are entitled to, including the right to enjoy public space, to receive medical care, to own personal property and to vote.

Opponents on council said they had received dozens of emails from concerned residents that the bill of rights would embolden homeless residents to panhandle and sleep in public parks.

The updated resolution is shorter than the bill of rights and contains clauses including “Allentown believes that being homeless is not a crime” and the city “reaffirms its commitment to the equitable use of public spaces, ensuring they remain safe and welcoming for all.”

Council approved an amendment proposed by council Vice President Santo Napoli that said the police department is “still empowered to comply with city, state and/or federal law” if a person’s behavior “manifests itself into a criminal violation.”

Advocates said the symbolic resolution would recognize that homeless people in Allentown face discrimination because of their housing status.

Robert, an Allentown resident who did not provide his last name, said during public comment that he has been discriminated against for being homeless in the city.

“We need to make a remedy to resolve these issues,” he said. “Why can’t I get a job? Nothing is wrong with me. I can’t get no job, and yet you want to criminalize me.”

Council member Daryl Hendricks was the only “no” vote on the updated resolution, which he said he opposed because he thought “special rules and regulations” for homeless people are unnecessary.

“My concern with this is just as it was last time, I don’t need special rules and regulations on how I’m going to treat somebody,” Hendricks said. “I feel very strongly everybody needs to be treated equal and this becomes a slippery slope when we start specializing individual groups.”

Reporter Lindsay Weber can be reached at Liweber@mcall.com .