~ NEWS ~

Camping ban under attack

A council majority seems ready either to make the Flagstaff law more compassionate or repeal it. 
By JOE FERGUSON
Sun Staff Reporter 
Thursday, May 28, 2009 

http://www.azdailysun.com/articles/2009/05/28/news/20090528_front_197115.txt

The 2005 ordinance that got Flagstaff labeled one of America's 10 "meanest" cities might not last the summer.

Just in time for the influx of Phoenix transients, a majority of the seven-member Flagstaff City Council is ready to either repeal the city's anti-camping law or make it substantially more compassionate. Mayor Sara Presler said Tuesday she disliked the current law, saying it is inhumane and unfairly targets the local homeless population.

"Using a sleeping bag to stay warm shouldn't be illegal in Flagstaff," said Presler, whose remarks came during a discussion of proposed revisions to the law that she said did not go far enough.

Councilmember Coral Evans agreed with Presler, and Councilmember Rick Swanson said the law should be scrapped entirely.

Councilmember Al White, who is on vacation and did not attend the Tuesday night meeting, has also said he wants to see a repeal of the law. In 2005, White voted against the anti-camping ordinance, which prohibits people from sleeping in a public right of way, or on public property, when it appears they're doing so for living accommodations.

Some residents and business owners said the law was needed to control anti-social behavior among the homeless, including the lighting of campfires during times of high fire danger.

City officials stated in 2005 that they tried to discourage campfires in illegal campsites prior to the anti-camping ordinance by enforcing other laws like trespassing. Those attempts were considered to be relatively ineffective.

Last November, Mik Jordahl, a local attorney and an advocate for the homeless, proposed allowing the use of a sleeping bag when the purpose is to avoid freezing outdoors at night and sleeping in a car for up to five consecutive hours at night. He also proposed reducing the maximum jail time from six months to 30 days.

But Tuesday's proposed revisions, written by city attorneys in consultation with the police department, had little in common with Jordahl's proposal.

The city's revisions limit where the law could be enforced inside city limits, from the vague "public lands" to city-owned property. A separate law already covers private property.

Also, the revisions focus on health and safety issues at an illegal campsite, such as improper sanitation and unsafe fire use, while de-emphasizing the homeless status of the camper.

Police Chief Brent Cooper told the Council that 90 to 95 percent of people charged under the anti-camping ordinance are also charged with other crimes such as public intoxication and trespassing.

Presler said later that if that is the case, then she saw little reason to make camping by itself illegal in order to control criminal behavior. She said the other 5 to 10 percent who were not committing other crimes but endangering public health and safety could be handled with laws targeting those specific violations.

Councilmember Joe Haughey came to the defense of the current law, saying the police department needed tools to discourage illegal campfires. Haughey voted with the majority in 2005 for the law.

Councilmembers Scott Overton and Karla Brewster sided with Haughey. The staff revisions had been scheduled for a vote next week, but it is unclear how the proposed revision will move forward with the Council apparently deadlocked.

City officials said White could call in during next week's meeting, but it is unclear whether he will be able to do so.

Jordahl's proposal was not directly discussed during Tuesday's meeting, but the Council did spend 45 minutes behind closed doors conferring with the city attorneys on the staff-crafted ordinance.

The council adjourned to get legal advice shortly after Presler mentioned a confidential memo issued by City Attorney Pat Boomsma.

ON THE WEB:

Mik Jordahl's proposal: http://tr.im/mCyQ

City staff's proposal: http://tr.im/mCzg

Joe Ferguson can be reached at jferguson@azdailysun.com or 556-2253.

What is the current camping anti-ordinance?

The city's camping ban prohibits people from sleeping in a public right of way, or on public property, when it appears they're doing so for living accommodations.

Police are instructed to give a person a warning they're violating the law before arresting them. If the person continues to violate the law, they can be arrested.

The law was enacted on Nov. 3, 2005 in part to discourage campfires.

A Class I misdemeanor, it is punishable by up to $2,500 and six months is jail.

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