Mayor Smiley on Supreme Court ruling: Our encampment policy has not changed

"We have a growing population of unhoused residents," said Mayor Smiley. "We all need to be doing more."

The United States Supreme Court today ruled that cities and towns may enforce bans on homeless people sleeping outside. I caught up with Providence Mayor Brett Smiley, who has long championed using the police to evict homeless encampments. During our brief interview, the Mayor said he was aware of papers that show that clearing encampments increases morbidity and death among the homeless population. He also said that he has no intention of changing his policy.

Steve Ahlquist: The Supreme Court just ruled that cities may enforce bans on homeless people sleeping outside. In response, will you be redoubling police efforts to evict encampments in Providence?

Providence Mayor Brett Smiley: Our encampment policy has not changed, and I don't expect that it will change as a result of today's Supreme Court policy decision.

TV Reporter: What is the encampment policy right now?

Mayor Smiley: We have encampments that have come and gone throughout the city regularly. They are not safe. Just in my time in office, we've had overdose deaths, fires, and other incidents of violence. Many of these encampments are in places that are very difficult for public safety personnel to reach. When an encampment is on public land, we send service providers multiple times. We offer shelter when available and we try to offer services. Ultimately, we give eviction notices and then when the date comes, we move folks along.

When it's on private property, it's at the discretion of the private property owner, and if they ask for our help in evicting folks from private property, we comply with that request and provide that assistance. The intent or desires of the private property owner determine the private property process.

TV Reporter: You've told us before that housing is your number one priority and homelessness is a big part. Are you considering adding more shelter capacity in light of the Supreme Court decision?

Mayor Smiley: We need more shelter capacity, but it has nothing to do with today's Supreme Court decision. We have a growing population of unhoused residents. We all need to be doing more. The state needs to be doing more, the city needs to be doing more, and the city is doing more. We're spending more on homeless services and support than the city's ever spent before. Sadly, the need continues to grow, so we're doing our best to keep pace with that growing demand, both in terms of additional shelter beds, transitional housing, and long-term subsidized affordable housing. The Supreme Court decision doesn't change that.

Steve Ahlquist: Are you aware of the science that says that evictions cause more morbidity and more death, not less? [See: The policies of Mayor Smiley are sickening and killing unhoused people - maybe that's the point]

Brett Smiley: I've seen those reports and it is a tragic situation that we have people living in encampments at all. I hope we can all agree that that's not any place anybody aspires to live and it shouldn't be what we aspire for our residents. The difficult part is these incidents that we've experienced, which are overdose deaths, fires, and other instances of violence that we can't safely service in some of these encampment locations. So while I have read and continue to read everything I can about the complications and impacts of evictions, we also know there's another side to that coin, which is violence and deaths in encampments that have not been evicted. It is a tragic situation on all sides of the coin.

TV Reporter: It's been several months since the Pallet shelters were supposed to open. We're now deep into summer. The Housing Secretary is resigning.¹ Do you have any sense from the Department of Housing where that project stands and when it's going to open?

Brett Smiley: The latest I've heard is close to Labor Day. The city's approval and role in this process has been complete for months. We have dollars invested in that project, and we also had to sign off on permits and approvals through our Department of Building Inspections and Standards. We did that back in April, so I'm anxious for the Pallet shelters to open. I was optimistic that it would have opened in the spring, and I hoped for the summer, but sadly, the ball is not in our court. The latest update I have is that it will open close to Labor Day.

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Crossroads Rhode Island President and CEO Michelle Wilcox released the following statement today in response to the United States Supreme Court’s disappointing ruling to uphold the criminalization of homelessness in the State of Oregon in the Grants Pass v. Johnson case. The Court’s decision is likely to exacerbate the nation’s homelessness crisis.

“We are deeply concerned by the recent Supreme Court decision in the case of Grants Pass v. Johnson, which upholds the criminalization of sleeping outside on public property in the State of Oregon. This ruling represents a significant setback in our ongoing efforts to address and end homelessness in our nation’s communities. 

“At Crossroads Rhode Island, everyone deserves a safe and stable place to call home. Criminalizing individuals for the mere act of seeking shelter in public spaces when they have nowhere else to go is not a solution; it is a punishment for the most vulnerable among us. This decision fails to address the root causes of homelessness and instead exacerbates the challenges faced by those living without shelter.

“Crossroads has always advocated for compassionate and practical solutions to homelessness, including increased access to affordable housing, connections to healthcare and mental health services, and job training programs. The criminalization of sheltering on public property only pushes people further into the margins of society and further from leading a thriving, independent life. We urge our local, state, and federal leaders to take declarative action that ensures no Rhode Islander will ever be prosecuted simply because they do not have a home. [emphasis added]

“Crossroads remains steadfast in our commitment to advocating for the rights and dignity of those experiencing homelessness. We will continue to work tirelessly to provide housing, services, support, and solutions that uplift our community members in need.”

1. From Rhode Island Governor Daniel McKee:

“Today, we are sharing that Secretary of Housing Stefan Pryor will be leaving state service to pursue an opportunity in the private sector.

“We thank Stefan for his work over the last year and a half standing up our new Housing Department, overseeing Rhode Island’s historic investment in housing, and serving the State of Rhode Island in his different capacities. The Governor looks forward to continuing this important work with the General Assembly and our community partners to increase housing production and affordability across Rhode Island.

“Secretary Pryor will continue to serve in his current role for approximately two weeks. An interim secretary will be named by Secretary Pryor’s last day.”