Presque Isle submits an ordinance regulating homeless encampments indefinitely by a vote of 4-2

Presque Isle city councilors voted last Friday to table indefinitely an ordinance restricting public campsites developed in response to concerns about the city's homeless population.

This ordinance, first proposed in June, was put in place to address public complaints about people camping in public parks. But some expressed concerns that the ordinance would have resulted in discrimination against homeless people, prompting authorities to revise the proposal several weeks ago.

According to City Manager Tyler Brown, the decision to rewrite the ordinance was also prompted by a recent Supreme Court ruling on the permissibility of local restrictions on homeless encampments.

Earlier this year, the United States Supreme Court ruled that an Oregon city's ban on homeless camps could stand because it did not violate the Eighth Amendment's ban on “cruel and unusual punishment.”

In making this determination, the court examined not only the admissibility of the penalties imposed on those violating the regulation, but also the constitutionality of the ban itself.

According to the 6-3 majority, the ban passed by Grants Pass, Oregon, did not violate the Eighth Amendment because it did not criminalize public camping based on “status,” a threshold set by the court in 1962.

(RELATED: American cities can ban homeless camps, says SCOTUS)

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the majority, jointly arguing that the ordinance punishes homeless people for their homeless status because “sleep is a biological necessity, not a crime.”

In a concurring opinion, Justice Clarence Thomas noted that while he fully agreed with the majority's decision, he wanted to go a step further and criticized the Court's “Eighth Amendment precedents” as “based almost entirely on the Court's understanding.” “based on public opinion”.

“The first draft was scrapped in favor of a new one,” City Manager Brown said, according to The County. “After hearing the Supreme Court ruling, we drafted an ordinance (similar to Grants Pass.”

The revised regulation requires those who sleep outside to be offered services and given more time to comply with the rules.

“It means social services need to be provided and people have a specific time frame to vacation,” Brown said. “The first regulation specified 24 hours. It was brought up at Tuesday’s meeting that that wasn’t enough time.”

Unlike the original version, under the revised version, residents no longer needed a permit to camp in public. Instead, it banned blocking crosswalks or pedestrian paths, leaving trash, damaging the environment, starting fires, dumping things into waterways, and erecting permanent structures – which the ordinance made clear did not include tents.

WAGM TV reported in early August that Presque Isle had seen a greater than usual increase in the number of homeless people, many of whom were living in tents or camps in the woods, this summer.

Presque Isle Police Chief Hayes indicated that despite the increase, not many homeless people were setting up camp in public spaces, indicating they did not pose a threat to the public.

“Most of these people may have an opioid addiction or a mental health disorder, but no, they're trying to live their lives as best they can,” Chief Hayes told the outlet.

He further explained that when police officers encounter a homeless person, their top priority is to get them help.

“We’re not too worried about legality,” he says, “our job is to provide services.”

The Aroostook County Action Program opened a new facility in August that includes thirteen fully furnished units, each with a sink, oven, refrigerator and bathroom. Laundry facilities, showers, meals and computers are available on site.

According to director Heidi Rackliffe, the hope is to equip homeless people with the tools and skills they need for a successful future.

“Teaching people these lifelong skills and supporting them so they can live their lives to the fullest,” Rackliffe told News Center Maine. Before the opening, the facility had already received 25 application units.

At a meeting earlier this month, numerous residents protested the council's proposed camping ordinance, reportedly filling council chambers and an adjacent room.

According to The County, Councilman Craig Green pointed out that despite the changes, the ordinance did not seem to be the right solution.

“I don’t think any of us have any desire to put it into action at this point,” he said. “But I think it’s something that has started a discussion that we can have going forward.”

Councilman Jeff Willette reportedly stated that the ordinance was not intended to criminalize or punish members of the homeless population, but rather to address local concerns.

Council Chairman Kevin Freeman is reported to have warned against bringing forward the proposed ordinance, suggesting that time could ultimately diminish the rule's significance.

The council ultimately voted 4-2 to table the ordinance indefinitely, with Councilman Willette and Chairman Freeman voting against it. During this meeting, plans for further work on a corresponding regulation were discussed.

Other cities in Maine struggling with homelessness have taken a markedly different approach to addressing the crisis. Biddeford, for example, began clearing encampments in July after the Supreme Court ruled in the Grants Pass case that they were not “decent or healthy” living conditions for anyone.

“All Biddeford residents deserve the opportunity to stay indoors and stay safe. Life in a camp is not a dignified or healthy existence for anyone. “I am pleased that the city council has supported a new approach to services to set the bar for Biddeford to be a city where people live indoors,” said Biddeford Mayor Martin Grohman (I).

(RELATED: Biddeford Begins Clearing Homeless Encampments After Consistent SCOTUS Ruling)

The city's new approach to homelessness also included the creation of temporary overnight shelters for homeless people, with openings at the Seeds of Hope Neighborhood Center – a Christian organization dedicated to supporting the community – and the city's Second Congregational Church 60 available places.

Although the actual clearance of the camps did not begin until after the Supreme Court ruling, Biddeford's new approach to shelters was adopted before the decision was made public.