West Warwick Town Council sends homelessness ordinance back to the drawing board

"The ordinance raises numerous and serious policy and legal concerns," wrote advocates for the unhoused.

On September 20th I wrote a piece entitled West Warwick realizes that criminalizing homelessness is not simply immoral - it's impractical. I spoke too soon. When I watched the West Warwick Town Council on video, I thought I heard the town council members and the town manager concluding that brute force criminalization simply would not work. I heard the council’s solicitor, Timothy Williamson, painstakingly explain why it would not work, and I thought that, perhaps, the tide was turning.

I was wrong.

The Ordinance¹ introduced at Tuesday night’s Town Council meeting was extreme - and extremely bad. It failed on nearly every metric - legally, morally, and practically. Fortunately, the Town Council sent the Ordinance back to the drawing board. Unfortunately, minor modifications to this document will not cut it. The document comes from a poisonous place of cruelty instead of compassion.

I would strongly suggest that West Warwick rip a page from Woonsocket and follow their example. Woonsocket’s Housing and Homelessness Report provides a roadmap out of homelessness the entire state could benefit from. It still won’t be an easy lift, but it also won’t be cruel - and unlike West Warwick’s current plan, it just might work.

Here’s the video from the meeting:

The ACLU of Rhode Island, the RI Housing Advocacy Project, the RI Coalition to End Homelessness, and Better Lives RI produced a letter outlining their issues with the document, but I start with the Ordinance’s preamble:

“The Town of West Warwick recognizes the seriousness of the homelessness plight within its boundaries and shall attempt to assist those in this type of homelessness predicament. However, the Town of West Warwick also recognizes the inherent threats to the health, safety, and welfare of its citizens.”

Note that in the first two lines of the document, we have differentiated between “those in this type of homelessness predicament” and the “citizens” of West Warwick. The dichotomy is obvious. On the one side are people considered nuisances, and on the other side are the citizens, as if those experiencing homelessness lose their right to be called citizens.

This is one small example of the kind of language that permeates the ordinance. Some of the language is much darker: “The best way to address these criminal matters and calls of service will be to eliminate the existing and potentially future homeless encampments.”

Here’s the letter sentfrom the advocates in opposition to this Ordinance:

Dear Members of the West Warwick Town Council:

As organizations that advocate for and assist the unhoused population in Rhode Island on a regular basis, and are therefore familiar with the many obstacles, hardships and discriminatory treatment that they face because of their homeless status, we write to express our deep concern and distress over the proposed anti-homeless ordinance that is scheduled for a first reading at tonight’s Town Council meeting.

While purporting to recognize the “seriousness of the homelessness plight” and the Town’s alleged interest in “attempting to assist those who find themselves” in this “predicament,” the ordinance proceeds to engage in a litany of punitive measures against these individuals that do absolutely nothing to assist them.

In that regard, we note that the proposal claims to endorse both the Homeless Bill of Rights and the U.S. Interagency Council on Homelessness (USICH) “19 Strategies for Communities to Address Encampments Humanely and Effectively.” However, the ordinance does nothing of the sort; to the contrary, it directly contradicts and undermine the tenets of those two documents. As the USICH strategy memo emphasizes, “Laws that criminalize homelessness are not effective but instead create barriers to housing and support and lead to harmful consequences.” While the proposed ordinance also claims it desires to “address appropriate, required services” for the occupants of homeless encampments, it offers no procedures or standards whatsoever for ensuring that any such services will be provided.

The ordinance raises numerous and serious policy and legal concerns. For example, the preamble provides for the issuance of “cease and desist” notices to bar individuals from utilizing “potentially future encampments” in order “to avoid any nomadic movements.” But if these individuals are engaged in “nomadic movements” that the Town disapproves of, it will most often likely be due to the implementation of the ordinance itself, not the fault of the individual.

The ordinance also proposes to immediately remove and destroy any personal property left behind by an individual when the Town comes to clear out an encampment. It establishes no process for maintaining the property for a specified period of time before it is destroyed. Numerous court cases have condemned this type of action, which we believe is also directly contrary to the mandates of RI’s Homeless Bill of Rights.

To add insult to injury, a provision in the ordinance also creates a “homelessness task force” that is slated to include homeless advocates and individuals to discuss the ordinance’s “corrective action plan.” Besides not being “corrective” in any sense of the word for those individuals who will be subject to the ordinance and its penalties, one might take this symbolic gesture more seriously if the Town had reached out to those advocates and individuals for consultation on the drafting of an ordinance like this in the first place.

Finally, purely on a drafting level, we find the ordinance extremely difficult to follow. Its confusing and repetitive wording, along with its perplexing inventory of dozens of state statutes and uncited ordinances, leave a reasonable person without a clear understanding of exactly what it prohibits. Indeed, the ordinance is so broadly worded, it would appear to subject to penalties a driver who pulled their car over to the side of the road to nap before continuing on their way.

Although we recognize that the U.S. Supreme Court’s recent Grants Pass decision may have, regrettably, given municipalities some leeway in punishing homelessness, that decision does not supersede the protections provided by the Homeless Bill of Rights nor does it offer any type of meaningful solution to the problem of homelessness. Criminalizing an involuntary activity does not make it go away, and homelessness cannot and will not be solved by the callous standards embodied in this proposal.

For all these reasons, among others, we urge the Council to table this ordinance and to instead consider more productive, effective, and thoughtful efforts to address this serious societal – not criminal – issue. With all of us sharing the goal of assisting the unhoused, we would be more than happy to discuss with the Council our recommendations in that regard.

Thank you for considering these comments.

Sincerely,

• Rhode Island Housing Advocacy Project

  Eric Hirsch

• Rhode Island Coalition to End Homelessness

  Kimberly Simmons

• Better Lives Rhode Island

  Amy Santiago

• American Civil Liberties Union of Rhode Island

  Steven Brown

---

1. The ordinance is reformatted slightly, and the footnotes are formatted differently from the original because converting the PDF to a format that worked here was difficult. I also did some minor editing, like substituting the word “ensure” for “insure” where grammatically correct.

ORDINANCE 2024-

Draft: 9/25/24

Preamble

The Town of West Warwick recognizes the seriousness of the homelessness plight within its boundaries and shall attempt to assist those in this type of homelessness predicament. However, the Town of West Warwick also recognizes the inherent threats to the health, safety, and welfare of its citizens.

The Town of West Warwick recognizes the magnitude and importance of attempting to aid, assist, and otherwise help those individuals who find themselves in this type of homelessness predicament while keeping in consideration the cost and expense to its citizens/taxpayers for the work involved in addressing this homelessness crisis.

As such the Town of West Warwick shall be moving to eliminate all homeless encampments by December 2, 2024, and shall be addressing the passing of Town Council Resolutions and Ordinances to formulate a plan of action to achieve that goal.

The Town of West Warwick recognizes that some components of the homelessness issue create public nuisances and that it is the goal of this Ordinance to abate said nuisances as quickly as possible.

The Town of West Warwick shall no longer tolerate criminal actions, conduct, or behavior within the homeless community. The best way to address these criminal matters and calls of service will be to eliminate the existing and potentially future homeless encampments.

WHEREFORE: The Town of West Warwick believes that the only true course of action to take shall be to eliminate the existing homeless encampments and to join with other stakeholders, including the occupants of the encampments to provide as much public assistance as feasibly possible;

WHEREFORE, a CEASE and DESIST NOTICE shall be provided to all occupants of any existing homelessness encampment to notify them of the current civil and/or criminal trespassing upon Public Property for them to establish occupancy upon Town Property. Said notice shall inform each occupant of a homelessness encampment that they are to remove themselves and their families and personal property from said encampments.

WHEREFORE said CEASE and DESIST NOTICE shall also incorporate other existing and potentially future encampments from being utilized by said occupants to avoid any nomadic movements by the occupants from one encampment to another.

WHEREFORE, the West Warwick Police Department shall develop new patrol quadrants or beats to assist the Homelessness Task Force in its endeavors to ensure that existing criminal laws, ordinances, and civil violations shall be enforced

WHEREFORE, unauthorized Camping, Occupancy, Residency, Inhabitancy Act or State of Living or Tenancy on Public Property within the confines and jurisdiction of the Town of West Warwick shall be prohibited and shall be determined to be unlawful and illegal

WHEREFORE, all nonresidential premises, structures, buildings, and tents on Public Property within the confines and jurisdiction of the Town of West Warwick shall be prohibited and considered unlawful and illegal

WHEREFORE, the Town of West Warwick finds that individuals and/or families camping, living, occupying, and or inhabiting; illegal, unlawful, and unauthorized temporary homeless encampments without adequate and suitable sanitation services, such as access to water, sewer and regular garbage collection presents a public health, safety and welfare problem for the Town of West Warwick and all of its citizens. Unauthorized, illegal, and unlawful trespass by the occupants of the homeless encampments to establish a temporary outdoor shelter interferes with the Town's ability to ensure that public property is being legally and lawfully utilized. As a result, this Ordinance is required and is necessary to preserve the health, safety, and welfare of West Warwick's citizens, employees, officials, representatives, agents, and visitors and also prevent unnecessary interference with the rights of others to utilize these public places for their intended purposes.

1. Definitions

   1. Public Property

      1. All property under the current title, ownership, and dominion of the Town of West Warwick;

         1. Town, State, or Federally owned property, including, but not limited to: a park, bench, seat, street, sidewalk, parking lot, alley, school property, right of way, area under a bridge, or any other public structure;

      2. Including but not limited to:

         1. Town Buildings

         ii. School Buildings

         iii. Parks and Ballfields

         iv. Recreational Areas

         v. Athletic Fields

         vi. Town Playgrounds

         vii. Magiera Ice Rink and Lamb Field House v111. Bike Path

         ix. Town Parking Lots

         x. Town Memorials, Plaques, and Statues x1. Town Streets and Sidewalks

2. Property Identified by the Tax Assessor as public property within the Town of West Warwick

   1. See the attached list as prepared by Tax Assessor Salvatore Saccoccio Jr on or about September 2024. (EXHIBIT A);

3. Addresses and Plats/ Lots subject to this Ordinance

   1. Camping/ or to Camp: to sleep in a tent, under a tarp or canopy or other temporary outdoor structure regardless of its name; or in an automobile. Camping/ living materials include but are not limited to:

      1. Tent/ Lean-to

      2. Tarp/ Canopy

      3. Sleeping bag. Blankets, sheets, mattress

      4. Other furniture: cots

      5. Stove, grill, fuel tank, and/or cooking utensils

4. Occupancy/ Inhabitancy: any person found to be living at an illegal and unauthorized encampment on public property shall be designated as an occupant of said homeless encampment and shall be further deemed to reside, occupy, and/or inhabat said premises as an outdoor shelter

5. Residency: a person's home, dwelling place where someone lives, and/or regularly stays, sleeps, eats,

6. Act or State of Living: living or occupying in a particular place/ domicile

7. Tenancy: the Town of West Warwick recognizes its legal authority as the owner of this public property; however, there is no legal tenancy to the property for the occupants/ inhabitants of an illegal, unlawful, and unauthorized homeless encampment. Therefore, the elimination of the homeless encampment( s) shall not be in any violation of the RHODE ISLAND LANDLORD AND TENANT ACT.

8. Trespass

   1. Civil

      1. Notice shall be provided to the occupant;

      2. 2nd notice to the same occupant shall result in a citation being issued by the appropriate Town Official for the occupant to appear in Municipal Court

   2. Criminal:

      1. Notice shall be provided to the occupant alleged to have violated the criminal trespass statutes and ordinances.

      ii. Citation/ summons shall be issued for the appearance of the occupant in the appropriate District Court

9. Notice: The Town shall attempt to obtain as much contact information from occupants of homelessness encampments to address appropriate, required service(s). The Town of West Warwick is expecting that Homeless Advocates will assist in this information gathering.

10. Homeless Bill of Rights RIGL 34-37.1-1 and US Interagency Council on Homelessness (19 Strategies for Communities to Address Encampments Humanely and Effectively (April 2024) shall be endorsed by the Town of West Warwick and utilized when available facts and circumstances would benefit from the same.

11. Trespass onto Public Property within the Town of West Warwick for non-authorized actions, conduct, and behavior are prohibited. This includes any illegal and unlawful actions, conduct, and behavior of the occupants. Furthermore, these actions of trespass are unlawful and shall be prosecuted.

12. Property abutting Pawtuxet River within the Town of West Warwick, owned by the Town of West Warwick, and further recognized as public property shall not be trespassed upon for any purposes, including but not limited to camping, residency, occupancy, inhabitancy, or state of living or tenancy.

13. Unauthorized Camping, Maintaining of Occupancy, Residency, Tenancy, or Act or State of Living on any Public Property shall be prohibited; and is determined to be unlawful and illegal.

14. Sleeping on Sidewalks, Streets or Public Ways shall be prohibited.

    1. It shall be unlawful for any person with or without camping equipment to lie down or sleep on a public street, sidewalk, bike path, or public way,

15. Ordinances/ Criminal Offense Violations, including but not limited to:

    1. Nuisance Human Waste (excrement/urine) Alcoholic Beverages/ Needles. Syringes

    2. Public Intoxication Cooking

    3. Noise Disturbances Hazardous Waste

    4. Fire and Fire Hazards Smoking/ Vaping of Tobacco Products Arson Illegal Narcotic Use

    5. Garbage and Trash Litter/ Littering

    6. Obstruction Congregating/ Loitering

    7. Building Code Fire Code

    8. Dept. of Environmental Management Rules and Regulations Sanitation Outdoor Toilets/ Showers, Bathtubs,

    9. Port-a-Johns Sinks, basins

16. Violation of Statutes: including but not limited to:

    1. CRIMINAL:

       1. Arson and Fires RIGL 11-4-1 et seq.

       2. Disorderly Conduct Fighting

       3. Explosives and Fireworks Mayhem

       4. Nuisances Obstructing Justice

       5. Prostitution and Lewdness Sexual Assault

       6. Sexual Offender Registration Child Safe Zones

       7. Riotous Assembly Robbery

       8. Theft, Embezzlement ... Threats and Extortion Unreasonable Noise Levels Weapons

       9. Stalking Vandalism

HEALTH AND SAFETY

• RIGL 11-11-1 et seq/ 11-45-1 RIGL 11-12-1 et seq.

• RIGL 11-13-1 et seq. RIGL 11-19-1 et seq.

• RIGL 11-30-1 et seq. RIGL 11-32-1 et seq.

• RIGL 11-34-1 et seq. RIGL 11-37-1 et seq.

• RIGL 11-37.Ll et seq. RIGL 11-37.3 -1 et seq. RIGL 11-38-1 et seq.

• RIGL 11-39-1 et seq RIGL 11-41-1 et seq. RIGL 11-42-1 et seq. RIGL 11-45-1 et seq. RIGL 11-47-1 et seq. RIGL 11-59-1 et seq. RIGL 11-44-1 et seq.

TITLE 23 Health and Safety

• Needlestick Safety and Injury Act Rodent Control and Eradication Refuse Disposal

• Hazardous Waste Management Smoking in Public Places

• Drowning Prevention and Lifesaving Hazardous Substances

• Flammable Fabrics State Building Code

• Comprehensive Fire Safety Act Fire Safety Code

• Fireworks and Pyrotechnics Tents

• Flammable and Combustible Liquids

• RIGL 23-1.11-1 et seq. RIGL 23-7.1-1 et seq. RIGL 23-18.9-1 et seq. RIGL 23-19.1 -1 et seq. RIGL 23-20.6-1 et seq RIGL 23-22.5-1 et seq. RIGL 23-24-1 et seq.

• RIGL 23-24.2-1 et seq, RIGL 23-27.3-1 et seq. RIGL 23-28.01.1 et seq. RIGL 23-28.1-1 et seq. RIGL 23-28.11-1 et seq. RIGL 23-28.19-1 et seq. RIGL 23-28.22-1 et seq.

• Penalties: as provided by Ordinance and/or Statute pursuant to enforcement and order/judgment, or verdict (civil or criminal) of the West Warwick Municipal Court, the Rhode Island District Court, or the Rhode Island Superior Court

Homelessness Task Force

• Members, and/or representatives of the Town Manager's office, Town Solicitor, Police Department, Police Navigator, Fire Department, Rescue Division, Dept. of Public Works, Office of the Building Official, Homeless Advocates, and homeless individuals shall meet to discuss the corrective action plan as set forth above on periodic basis, in order, to address the concerns and goals of the Ordinance and to provide periodic reports to the Town Manager and Town Council.

XL Personal property of the Occupants of the Homeless Encampments. All personal property of the occupants of a homeless encampment shall be allowed to be removed when the occupant leaves the encampment.

• Any personal property left behind shall be determined to be abandoned and shall be removed and destroyed by the Town. The Town, its representatives, agents, employees, or vendors shall not be liable for any loss or damages of any kind associated with said removal and destruction of said personal property from the unauthorized, illegal, and unauthorized encampments).