Presque Isle Indefinitely Tables Ordinance Regulating Homeless Encampments in 4-2 Vote

Presque Isle City Councilors decided this past Friday to indefinitely table an ordinance that would have placed limits on public camping that had been developed in response to concerns regarding the City’s homeless population.

First proposed in June, this ordinance was introduced in order to address public complaints about people camping in public parks. Some raised concerns, however, that the ordinance would have resulted in discrimination against homeless individuals, prompting officials to rework the proposal a few weeks ago.

According to City Manager Tyler Brown, the decision to recraft the ordinance was also prompted by a recent Supreme Court ruling concerning 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 encampments could stand, as it does not violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.”

In determining this, the Court looked not only at the permissibility of the punishments imposed upon those who violate the ordinance, but also at the constitutionality of the ban itself.

According to the 6-3 majority, the ban adopted by Grants Pass, Oregon did not represent an Eighth Amendment violation as it does not criminalize public camping on the basis of “status,” a threshold that was established by the Court in 1962.

[RELATED: American Cities Can Ban Homeless Encampments, Says SCOTUS]

Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented from the majority, collectively arguing that the ordinance does punish homeless individuals for their status as a homeless person because “sleep is a biological necessity, not a crime.”

In a concurring opinion, Justice Clarence Thomas noted that while he agreed in full with the majority’s ruling, he wanted to go a step further, criticizing the Court’s “Eighth Amendment precedents” for relying “almost entirely on the Court’s understanding of public opinion.”

“The first draft was thrown out in favor of a new one,” City Manager Brown said, according to The County. “After we had heard the ruling from the Supreme Court, we drafted an ordinance [like] the one from Grants Pass.”

Under the revised ordinance, there were requirements that services be offered to those sleeping outside and more time be given for them to comply with the rules.

“It says that social services must be offered, and people have a certain time frame to vacate,” Brown said. “The first ordinance stipulated [they had] 24 hours. It was brought up during Tuesday’s meeting that that is not enough time.”

Unlike the original version, residents no longer needed permission to camp in public under the revised language. Instead, it prohibited blocking crosswalks or pedestrian paths, leaving garbage, damaging the environment, starting fires, dumping things into a waterway, and erecting permanent structures — which the ordinance clarified did not include tents.

WAGM TV reported in early August that Presque Isle saw a larger-than-usual increase in the number of homeless individuals over the summer this year, many of whom were living in the woods in tents or encampments.

Presque Isle Police Chief Hayes indicated that despite the increase, not many homeless individuals had set up camp in public spaces, suggesting that they had not caused any danger to the public.

“Most of these people, yes, they 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 went on to explain that when law enforcement officials encounter a homeless person, it is their priority to get them help.

“We’re not too worried about the legality side of it,” he says, “our job is to offer services.”

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

According to Director Heidi Rackliffe, the hope is to equip homeless individuals with the tools and skills needed for a successful future.

“Teaching people these lifelong skills and providing support for them so they have the ability to live their lives to the fullest potential,” Rackliffe told News Center Maine. Ahead of opening, the facility had already received twenty-five application units.

At a meeting held earlier this month, a large number of residents turned out in opposition to the Council’s proposed camping ordinance, reportedly packing the council chambers, as well as a nearby room.

According to The County, Councilor Craig Green indicated that despite the revisions, the ordinance did not appear to be the right solution.

“I don’t think, as it sets, that it’s something that any of us have a desire to enact,” he said. “But I do think it’s something that started a conversation that we can take into the future.”

Councilor Jeff Willette reportedly explained that the ordinance was not designed to criminalize or penalize members of the homeless population but rather to address local concerns.

Council Chair Kevin Freeman was described as having warned against tabling the proposed ordinance, suggesting the time could ultimately minimize the rule’s importance.

The Council ultimately voted 4-2 in favor of indefinitely tabling the ordinance, with Councilor Willette and Chair Freeman voting in opposition. Plans for further work on a related ordinance were discussed during this meeting.

Other Maine towns struggling with homelessness have taken a markedly different approach to address the crisis. Biddeford, for example, began clearing encampments in July following the Supreme Court’s ruling in the case out of Grants Pass, explaining that these are not “dignified or healthy” living conditions for anyone.

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

[RELATED: Biddeford to Begin Clearing Homeless Encampments Following Consequential SCOTUS Ruling]

The city’s new approach to homelessness also included the establishment of temporary overnight shelters for homeless people, with openings located at the Seeds of Hope Neighborhood Center — a Christian organization dedicated to aiding the community — and the city’s Second Congregational Church, with 60 spaces available.

Although the actual clearing of encampments only began after the Supreme Court’s ruling, Biddeford’s new approach to shelters was passed before the decision was released.