Public sleeping ban faces unknown costs, litigation in Des Moines

As Des Moines moves closer to approving bans on public sleeping and camping , City Council continues to face questions about the costs and litigation the changes might cause.

Why it matters: Proponents say the ordinances will help fix a homelessness crisis but critics, including Polk County Attorney Kimberly Graham, say they are missteps that will inflame problems.

Catch up fast: Recent increases in homeless encampments have boosted public health, safety and sanitation concerns, prompting calls for action from some businesses and residents.

• DSM unveiled the proposals last month following a recent U.S. Supreme Court decision that found that sleeping and camping bans do not constitute cruel and unusual punishment.

The latest: The council approved the second of three ordinance readings last week, despite unanswered questions about enforcement and costs.

Zoom in: Scrutiny has already had an effect on the proposals.

• A controversial proposed fine, initially set at $120 and later reduced to $50, could be removed before final approval, a city spokesperson tells Axios.

State of play: The ordinance that has faced the most criticism would allow people's possessions to be moved into city storage after a three-day notice .

• Graham questioned where the city would send notices and told council members that expensive litigation could follow.
• The Animal Rescue League of Iowa also expressed concern about the uncertainty regarding how many pets might be displaced during the process, city manager Scott Sanders told council last week.

Follow the money: The city's costs to enforce the proposed ordinances remain unknown.

• Four homeless outreach workers would cost an estimated $250,000 a year but could potentially be covered by private donors, Sanders predicted.
• An unidentified number of police and neighborhood inspection workers would initially be diverted from other duties to manage the new ordinances. The city would eventually have to decide whether to hire additional workers.
• The city is also working with shelter providers to identify daytime sleeping spaces for people experiencing homelessness, as shelter beds are typically only available at night.

What they're saying: The goal is to clean up encampments, not to penalize people experiencing homelessness, Councilperson Chris Coleman, chairperson of the city's Homeless Coordinating Council, said at last week's meeting.

• Changes to the ordinance before the final reading will better reflect the intent, he said.

The other side: Josh Mandelbaum, the only councilperson who voted against the ordinances last week, raised questions about how police would determine compliance. If someone simply moved to another nearby spot, would they be subject to arrest, he asked.

• Those questions will be answered before the final reading, Coleman responded.

What's next: The bans could begin soon after the third reading, which could happen at the next regular council meeting on Aug. 19.