Elmira City Council tables vote on new homeless camping law that includes jail time

ELMIRA, N.Y. (WETM) – The Elmira City Council says it’s revising a proposed law aimed at removing homeless encampments around the city. Monday night, the resolution was tabled after a packed room of residents raised concerns about punishing people who are unhoused with fines and jail time. The motion to table the resolution passed in a unanimous vote.

The proposed “camping” ordinance was drafted after a Supreme Court ruling in June cleared the way for cities to enforce bans on homeless people sleeping on public property.

The proposed ordinance states in part:

a) A person shall not occupy a campsite anywhere in the
City of Elmira without permission of the property
owner except where otherwise defined as “family
camping.”

b) In addition to penalties provided by this Article, a
person found in violation of this section may be
immediately removed from the premises.

Section 3. Removal of Campsite
a) Upon discovery of a campsite, the Elmira Police
Department, the Department of Code Enforcement, and
the City Sanitation Department are authorized to
remove the campsite and all personal property related
thereto, and to detain individuals in violation of this
ordinance.

Section 4. Penalties
A person found to be in violation of this Article shall be
subject to a fine of not less than $350.00 nor more than $500.00 or
by imprisonment of up to ninety (90) days or both; for a second
violation of this Article within eighteen (18) months of the first
violation, a person shall be subject to a fine of not less than
$750.00 nor more than $1,000.00 or by imprisonment of not less
than one (1) year or both. Each day any violation of this Article
shall continue, it shall constitute a separate offense.

Coy Gobble told 18 News he was among dozens of residents who packed the City Council chamber to express their concerns before the resolution was put up for a vote.

“I don’t think that ordinance should be passed in any form whatsoever,” Gobble said.

Gobble says about 20 people got up to speak to the council directly during the public comment portion of the meeting.

“Most people there were there to speak against the ordinance that was proposed. A lot of citizens came out and said that poverty is not a crime, that people’s existence should not be criminalized, nobody should be illegal” Gobble said.

“I would say at least probably 20 people got up and spoke. I’d say at least 18 of them spoke very passionately against passing this ordinance. Thankfully, the council heard the citizens voice, and they decided to delay the vote table it until they could have more public input.”

Fourth District Council Member Gary Brinn sponsored the resolution . Brinn told 18 News he listened to the concerns of residents and agrees the resolution is “imperfect.” He added that “something needs to be done about this issue.” Brinn also read his own statement in the city council chamber. Brinn cited a personal family tragedy stemming from addiction and homelessness. Here is the statement in full.

“My nephew Joshua was born with cleft palate. Fortunately, my brother-in-law had good health insurance as a firefighter, and they lived in a major metro area where they had access to great doctors.

Unfortunately, Josh needed repeated surgery well into his late teens as his skull grew, and Purdue Pharma was pushing murderous doses of opioids. By the time Josh was an adult, he was an addict.

Josh bounced between jail, treatment, and the streets repeatedly. When the Covid-19 pandemic hit, many sheriffs released everyone they could, while treatment programs shut down. Josh was back on the streets, and soon after was dead with a needle in his arm. A year later his heartbroken father would follow him to the grave.

I watched my sister as she watched her son commit slow motion suicide.

If you are telling people that this ordinance criminalizes homelessness or poverty, you are either misinformed or you are a liar. There are hundreds of homeless in Chemung County, and 95% of them will not be impacted by this law. Their homelessness is not a crime. Poverty is not a crime.

And even though services to that 95% trapped in hotel rooms are provided by the county, we are doing everything we can as a city. I ran for office with housing as a key part of my platform, and you are looking at a city council that is doing everything we can to improve availability, affordability, and accessibility of housing.

We have faced months of withering criticism over the encampments in this city, including sometimes contradictory demands. Some want the encampments gone because they feel unsafe, others because the camps are an unsanitary nuisance. We even have to address flood mitigation, for the under-the-bridge encampments violate flood plain management requirements. And yet, these are all secondary considerations.

Grants Pass, Oregon vs. Johnson went too far in allowing municipalities to take enforcement action even when no shelter is available. But that simply is not the case in Elmira. Since Catholic Charities opened the new dorm shelter, everyone who wants a bed has a bed. Everyone who is un-sheltered in Elmira is voluntarily un-sheltered, because they refuse to stop drugging and drinking, because they are too sick to make the decisions necessary for self-preservation, or because they want the benefit of living in an urban community without accepting the responsibilities of living in an urban community. Whether sick or sociopathic, they are a clear and present danger to themselves and others.

During Holy Week of 1988, I spent several nights riding around Manhattan with outreach workers from Covenant House, providing socks and sandwiches to LGBTQ+ kids living on the streets, often turning tricks for money. Even then, I wrestled with whether we were helping or enabling. I have wrestled with that on the frontlines of faith and justice work ever since.

The federal government, state governments, local governments, and countless non-profits around the country have spent trillions of dollars for decades looking for a solution. The only glimmer of success has involved housing-first options and intense wrap-around services that get people off of the streets. Unfortunately, the division of powers and funding means the city has a very limited tool kit. The tool that is available to us is public safety.

Even liberal California realizes that homeless encampments are filled with drugs, disease, and despair, with Gavin Newsom on the ground helping to clear encampments in Los Angeles last week.

I am not arrogant enough to think I know better than Governor Newsom and the entire leadership structure of California, a state that wrestles with 180,000 homeless. I’m just not that smart.

I don’t have the answers when we’d rather give tax breaks to billionaires than take care of our most vulnerable, when we rarely care about mental illness and addiction until a coroner is involved.

It breaks my heart when I see the junkies in the Wisner Park gazebo five days a week. I wonder why Chemung County is sitting on cash reserves when there is so much desperate need in our community. How many of you have been down there with your outrage? Of course, you haven’t, because you’re not offering an alternative plan and seeking funding for it.

The status quo is simply not acceptable. This is about lives at risk. I will not enable the slow-motion suicide that is happening in our small city. I am sponsoring this imperfect resolution for my sister, because as bad as it is, it is better than doing nothing. I am sponsoring this resolution to save the next Josh.”

In an interview with 18 News, Chemung County Executive Chris Moss said he didn’t think the resolution would lead to positive outcomes. Mr. Moss also answered council member Brinn’s allegation that Chemung County was “sitting on cash reserves when there is so much desperate need in our area.”

“I’m not sure it’s a great idea,” Moss said. :Jail probably isn’t the place for most of the homeless. A lot of these folks have mental health issues. A lot of these folks have substance abuse issues. I think that’s probably the realm we ought to be trying, not to say there aren’t some that probably belong in the County Jail, but just simply passing no camping in the city and throwing everybody in the jail isn’t going to be the solution.”

“You have to remember the Human Services Department of Chemung County, our cost local share went up $11 million alone last year. So, it’s ever rising,” Moss said. “We have lots of programs over there.”

“But to address Gary Brinn, to be honest with you, long on mouth, short on any solutions,” Moss said. “It’s easy to point down the street at the County and say that they have a fund balance that’s huge. That’s not the truth. Our fund balance falls within our fund balance policy that was recently enacted by the legislature a little less than two years ago. So, we’re not sitting on a ton of money. It’s the second time he’s alluded to that. As a community leader, he ought to be looking for solutions to work with the County to address this issue. But I’m really tired of him running off at the mouth and not having the facts. Gary Brinn couldn’t read a financial statement, or an audit if his life depended on it,” Moss concluded.

You can watch the full interview with County Executive Moss below:

First District Council Member Nick Grasso told 18 News he introduced a motion to table the resolution after hearing from concerned residents. Council member Brinn said we welcomed the motion. It was approved in a unanimous vote. Sixth District Council Member Nanette Moss was absent. Tuesday, Grasso posted this statement on his Facebook page .

“Last evening before our Regular Council Meeting commenced, I met with 2nd District Councilman Corey Cooke to discuss some concerns we fielded from our constituents that pertained to the “Camping” resolution we were about to vote on. Between Thursday morning of last week, after workshop (at 10:30am) and up until moments before last night’s meeting, I spent HOURS, fielding calls and in person concerns regarding the proposed resolution. I wanted their concerns, and my questions addressed prior to voting, either for or against it.

During that meeting, 4th District Councilman Gary Brinn in passing, joined in our conversation. He was immediately confrontational and dismissive of our questions, concerns, and perspectives that we were advocating for on behalf of our constituents. He then proceeded down from the 3rd floor and upon intercepting the Mayor, I heard him tell the Mayor that Councilmember Cooke and I were planning to vote NO on the resolution and it should be withdrawn because it wouldn’t pass, also due to Councilwoman Moss being absent. This was so far fetched from the truth and an extreme exaggeration that we’ve seen Councilman Brinn display countless times. We simply wanted to table the resolution so that it was more wholesome, effective and sustainable in regards to addressing the issue(s) at hand. This sort of behavior from an elected is disgraceful, not to mention, emotionally and intellectually immature.

Our Regular Meeting of the Elmira City Council proceeded, and we heard from multiple City residents (and beyond) as to why they did not agree with or support the resolution in its current form. Who I also might add, are professionals across a wide spectrum of mental health, social services, and medical experts, right here in our community.

Councilman Brinn had a prepared statement he spoke on during his comment period and then I followed in my usual fashion, top of the mind and right from the heart. No prepared speech, because I am not a politician, I am a representative for the people that ELECTED ME to serve them, and I do my best to do exactly that. Earlier last week via text, Councilman Brinn explicitly told my peers and I to “stick to the script”. For one, I was unaware of said script. Secondly and more importantly, the 1st term Councilman should know better than to assume that I, would follow anyone’s script, let alone his.

I DID, during my comment period state, “Correct me if I’m wrong, but no one up here is an expert in any field surrounding this issue.”

One Councilwoman (Wilson) did correct me and state some credentials that would elude me to believe she may have some experience in the fields surrounding the issue. Outside of here K-12 school guidance counselor experience that I was aware of, this came as a surprise to me. I then implored her that perhaps she should have been the main sponsor or co-sponsor of the revised and improved proposed ordinance, since she has alleged experience with the subject. No other Councilmember, nor the Mayor, corrected me on the record regarding this matter, which I welcomed even before speaking.

Before the voting roll for the proposed existing ordinance was called, I motioned to table it until we could engage community stake holders and experts in order to come back with a more well-rounded ordinance that would be palatable for all. Corey Cooke graciously seconded it, and the motion carried to a full floor vote. In which it passed UNANIMOUSLY.

I hardly doubt it was anything I said to convince our peers to revisit and revise the ordinance. The real credit is due to those who showed up and filled Council Chambers (standing room only) and those who spoke from a wide range of perspectives. You all are the heroes! There are power in numbers and when The People speak, it DOES make a difference.

Unfortunately, some elected leaders I sit amongst, prefer to play politics instead of being a public servant as they were elected to do. As a lifelong resident, business owner, blue collar, working class, family man, who is VERY fortunate and humbled to serve a 2nd term, serving the City I care deeply about. I will always passionately advocate, legislate, and FIGHT for it! And serve THE PEOPLE who hired me to do exactly that. No politics. No games. No agenda, other than what THE PEOPLE of the 1st District and the City of Elmira want!”

After Monday night’s meeting and into Tuesday, Council Member Brinn released more statements on his Facebook page . He addressed council member Grasso directly. He also spoke about his thought process in welcoming a tabling of the resolution he sponsored.

“During this evening’s meeting, Council Member Grasso made inaccurate comments about the experience of the council with mental health and addiction. In fact, Council Member Wilson is a retired mental health and addiction professional. Mayor Mandell worked with the mentally ill and addicted during his career and received extensive training. My clinical training unit was in a lock-down psychiatric facility, and I have worked with the mentally ill, addicted, and at-risk throughout my ministry career. I can understand that Council Member Grasso might not have a whole lot of experience with vulnerable population when he’s detailing cars, but he should not speak for the council as a whole,” Brinn posted on his Facebook page.

In a post on Tuesday, Brinn added:

“I refuse to engage in petty personality politics. The mayor and I have met with our county social service professionals and worked relentlessly on housing availability, accessibility, and affordability in conjunction with city staff. We are trying our best to find solutions to a number of incredibly complex issues, much beyond our control as part-time elected city officials. I knew our resolution was imperfect, but the concerns raised five minutes before the meeting made no sense to me. I don’t do well with ambushes. I need time for thoughtful engagement. But as I listened to citizen concerns, I came to believe we could do better. That is why I invited another council member to offer a resolution to table. The resolution did not need a super majority. There were and still are enough votes to pass it. But we will go back and see if we can find a solution that does not create a criminal record for folks already struggling with addiction and mental illness, that helps keep them and our wider community safe.”

In another statement, Brinn added:

“The thing that changed my mind last night wasn’t all the liberal enabling, which quite frankly disgusts me. Nor was it all of the demands that the city do things it is not authorized or equipped to do. It was the simple (and in hindsight obvious) fact that a “camping” misdemeanor would make it harder for folks transitioning out of homelessness to get a job. And, surprise surprise, I not only support the Clean Slate Law, I was on a planning call last week for a regional roll-out.

I still believe we need to address the encampments. But I do support a shelter-first approach. We will do the best we can with the tools we have. No one will be 100% happy. That isn’t possible in a loud and polarized context where people are accusing each other of evil…”

Resident Coy Gobble says he understands the city cannot solve homelessness by itself. He added that he appreciates the City Council for listening to concerned residents.

“Now, to what Gary said about the city having a limited toolbox, absolutely, they do have a limited toolbox on how to address this issue, and not everybody understands it’s just how limited their power is, especially when the county holds a lot more power in providing resources for people who are homeless,” Gobble added. “But that does not excuse trying to create a law or an ordinance that would essentially criminalize the homelessness existence here in Elmira. So that tool is not really a tool. It’s more of a weapon directed at the most vulnerable people in Elmira. That being said, I think the council is very receptive to the public comment. I think they’re absolutely working sincerely with the public to try to create a better world for Elmira.”

You can watch the full interview with Elmira resident Coy Gobble below:

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