The Elkhart Common Council Tuesday voted 6-2 for a bill banning the homeless from camping on public property.
The Elkhart Common Council began to consider the bill last August, after the city of Goshen had enacted a similar ordinance, but tabled it after some people raised concerns about its constitutionality.
But on June 28 the Supreme Court upheld such a ban by the town of Grant’s Pass, Oregon. That news prompted Council President Arvis Dawson to bring the bill up again.
The ban will empower the city to remove from public spaces any “camping equipment,” such as tents and sleeping bags, along with other belongings. The city will need to give 48 hours notice before the removal, the posting must state where the items have been moved to, and the city must hold them for at least 60 days for retrieval. The city can immediately dispose of items it regards as trash or that pose a safety threat.
Federal courts have upheld such bans if homeless shelter beds are available. Following that precedent, the ordinance only allows the city to enforce the ban if there’s space available at the Faith Mission homeless shelter in Elkhart.
