Las Cruces works to remedy homelessness, in wake of U.S. Supreme Court Oregon decision

The Supreme Court's ruling last week that allows municipalities to fine and jail unhoused people for sleeping outside took place at a time when Las Cruces is in the process of addressing concerns around its own unhoused population.

The Court's 6 to 3 ruling on June 28, 2024, overturned a lower court's decision in an Oregon city, arguing that criminalizing camping when there is no shelter available does not constitute “cruel and unusual punishment."

The ruling comes before City Council is expected to vote in August on three separate ordinances that would impact the unhoused population, as well as a special legislative session scheduled to begin on July 18 that could address similar issues.

Following a Council meeting on Monday, Las Cruces Mayor Pro Temp Johana Bencomo spoke out against the Court's ruling.

"I think this is a cruel decision. I think this is an inhumane decision made by an ultra right-wing extremist Supreme Court," Bencomo said during her comments at the end of the meeting.

"I really really hope with all of my being that no one on this dais is hoping to follow suit as that would not be reflective of the values of this community."

It remains unclear how future policies or ordinances already on the books in Las Cruces would be enforced, but some believe the community would be better served by continuing recent progress with affordable housing projects and enhancing available substance abuse and mental health services.

"I hope we continue to fight for policies and programs that work to actually truly address our homeless issues here," Bencomo said. "I will certainly continue to do that and continue to fight for that."

Mayor Eric Enriquez believes if a city has a large population of unhoused people who are without food and clothing, it's a reflection of poor leadership.

"It's a problem that is being faced nationwide," Enriquez said. "I'm torn. I like the idea that we can enforce something, but I always feel like you shouldn't be able to enforce anything unless you have an alternative."

Mesilla Valley Community of Hope Executive Director Nicole Martinez said that she was disappointed with the Court's ruling last week and that it further adds to the perception that unhoused people are trying to get away with something rather than survival.

"Most solutions are punitive and don't have opportunities for real outcomes that are positive," Martinez said. "I'm grateful to have the opportunity to discuss things and point out where there is disagreement. We try to rely on experience from both sides, but it's difficult right now because everything that is coming forward really is targeting unhoused people."

Martinez pointed to three ordinances that Las Cruces Police Department Chief Jeremy Story presented to City Council during a work session in May.

Story suggested modifications of existing ordinances regarding solicitation and proposed a new ordinance regarding shopping cart containment and retrieval. There was also 20 minutes of public comment, mostly in support of the changes from local business owners but some opposition was voiced, including from an ACLU advocate and a speaker from New Mexico Coalition to End Homelessness.

Additionally, there are existing laws in the city code regarding trespassing, obstructing movement and operating policy in city parks that are currently not enforced.

In 2018, the city revised some of its panhandling ordinances in response to objections from the American Civil Liberties Union. In 2015, the U.S. Supreme Court indirectly affirmed free speech protections for panhandlers when it ruled a sign ordinance in an Arizona town violated the First Amendment because it restricted the content of speech on signs. In 2018, the City suspended enforcement of its ordinances until they could be revised to comply with free speech protections. City Council voted to revise two ordinances related to panhandling.

"Things that I have seen proposed the answer is services, but the services we have are not at the point they need to be," Martinez said. "For substance recovery and mental health issues, we really should be focusing on funding support and staffing before starting punitive measures. If they are not where they need to be, it will create a bottleneck with fines and jail time, making it more difficult for people to get out of their situation."

Enriquez hopes to pass the shopping cart ordinance, along with the modified solicitation ordinances on Aug. 5 as a first step.

"We get those passed and then look at what is left," Enriquez said. "I think we have a great system in place in our community with the Community of Hope and Gospel Rescue," Enriquez said. "We may just need to enhance some of those to really help the individuals and then we never have to deal with that situation because people won't be sleeping in the streets. If they are and police have to remove them, but they are taking them to a place of safety."

'Housing is the solution' to homelessness Las Cruces officials say

The City of Las Cruces has three affordable housing apartment complexes currently under construction as the city looks to cut into the 5,600 affordable housing rental unit shortfall by 2025. The city also received $6 million from the state last year toward the construction of Amador Crossing, a development that would create between 40 to 50 permanent housing units adjacent to Community of Hope.

The City is also in the process of revising an outdated zoning code that will give property owners more options that could result in more affordable housing.

"Coming up with housing options takes the support of the community and elected officials," Martinez said. "I'm grateful to live in a community that is supporting housing in the last few years. We have projects that will become open in the next couple years. It translates to housing for everyone."

Jason Groves can be reached at 575-541-5459 or jgroves@lcsun-news.com. Follow him on X @jproves.