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  • The Des Moines Register

    Thousands sign petition against Des Moines' camping ban. What we know about the proposal

    By Kate Kealey, Des Moines Register,

    11 hours ago

    https://img.particlenews.com/image.php?url=1ipzXl_0uymS30T00

    A petition started by Des Moines small businesses condemning the city's proposal to ban camping and change its encroachment code has garnered more than 2,000 signatures.

    The Des Moines City Council is on its way to approving an ordinance that would ban unsheltered people from camping . The council is also considering changes to city code that shorten the number of days unhoused individuals have to remove belongings from public spaces.

    The petition called the proposed ordinance and changes "a direct attack of cruel and unnecessary punishment on people experiencing homelessness" in Des Moines.

    More: 'I'm scared every time I lay down': Homeless Iowans fear Des Moines' proposed camping ban

    Petition declares the city of Des Moines is 'criminalizing houseless individuals'

    The petition was started by Jamie Nicolino, owner of The Collective, and is addressed to the Des Moines City Council, the city manager and Des Moines Mayor Connie Boesen. It asked city officials to invest tax dollars into resources such as shelters, sustainable housing and more public services as opposed to fining those without housing.

    "Criminalizing houseless individuals can lead to a cycle of punishment that exacerbates their already vulnerable situation," the petition reads. "Arrests and fines (no matter the size) can result in criminal records, making it even more difficult for individuals to secure employment, housing and access to necessary services."

    As of Thursday morning, the petition had more than 2,100 signatures with a goal of 2,500. On Tuesday alone, 1,300 people signed the petition according to host Change.org .

    "Many of us have regular engagement with our unhoused neighbors and to think that our city leaders want to fine these folks simply for needing a place to sleep is absolutely shameful," the petition reads. "Penalizing those experiencing houselessness is not only a direct violation of human rights, it is not a viable solution to this vulnerable reality that our unhoused community faces."

    More: Town hall attendees want Des Moines council to reconsider changes to homelessness policies

    What are the Des Moines City Council's proposed camping ban and changes to the encroachment code?

    The proposed ordinance would create a $50 fine for individuals who are "camping." The proposal intends to direct people without housing to community resources such as shelters, a council member in support of the ban told the Register . Any person found to be camping would be offered a one-time ride to a shelter location or provided with directions to a shelter. Refusal to comply would result in a fine and a simple misdemeanor, which excludes imprisonment, according to the proposed ordinance .

    A camper would not be penalized if there is no shelter space in Des Moines. The city could order community service if a person cannot afford to pay a fine.

    The council is also looking to change city code regarding encroachment . Under the proposed changes, individuals would have three days, as opposed to 10 days, to clear their belongings from the public area. Failure to submit an appeal for the violation would result in the city removing the individual's belongings, according to the ordinance .

    The ordinance allows owners of the property to appeal the city's order within those three days. After three days, city staff would remove any remaining property. Items of value would be stored in containers without charge for up to 30 days, city officials said.

    How close is the proposed camping ban and encroachment ordinance to being finalized?

    The proposed ordinance is in its final stages before it becomes city code. The ordinance had its second reading on Aug. 5.

    The council will have to approve a third and final reading before the changes can go into effect.

    A final reading is expected to take place at the council’s Sept. 16, City Manager Scott Sanders said in a news release Wednesday.

    Changes are expected be made to the ordinances before they are brought to a vote.

    “We are continuing our work to fully complete the seven Council directives which also includes finalizing working agreements and contracts,” Sanders said.

    U.S. Supreme Court ruling allows the criminalization of houselessness

    Des Moines's proposed changes come on the heels of the recent U.S. Supreme Court decision that allows the arrest and fining of unhoused people sleeping in public spaces . The ruling overturned a lower court's decision that considered camping bans where shelter is unavailable a cruel and unusual punishment.

    Which Des Moines City Council members support the proposed camping ban?

    During the second reading of the camping ban, five council members voted in support of the ordinance, while one voted against the proposal.

    City Council member Joe Gatto was absent from the Aug. 5 meeting.

    Those voting in support included:

    • At-Large council member Carl Voss
    • At-Large council member Mike Simonson
    • Ward one council member Chris Coleman
    • Ward two council member Linda Westergaard

    Ward three council member Josh Mandelbaum was the lone vote against the ordinance.

    Polk County Attorney Kimberly Graham asked the city council to abandon the changes.

    Kate Kealey is a general assignment reporter for the Register. Reach her at kkealey@registermedia.com or follow her on Twitter at @ Kkealey17 .

    This article originally appeared on Des Moines Register: Thousands sign petition against Des Moines' camping ban. What we know about the proposal

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