Rochester passes ban on homeless camps as legal issues loom

ROCHESTER — This community will soon have a ban on public camping to deter homeless camps, in spite of legal threats and a pending U.S. Supreme Court decision.

The Rochester City Council Monday night voted 4 to 3 to approve an ordinance banning public camping, the culmination of months of debate that would allow Rochester police to arrest homeless campers on public land. The offense would be a misdemeanor.

The ban is on track to go into effect next month after the city holds two ordinance readings at future council meetings.

Area police last summer urged local officials to enact a ban, arguing that campers needed more legal consequences in the face of a growing number of camps around town. Rochester officers broke up more than 130 camps last year and found three dead homeless residents in public parks.

Critics say a ban would effectively criminalize being homeless. Attorneys with Southern Minnesota Regional Legal Services threatened to sue the city last month on behalf of three homeless residents if the ban was approved. The attorneys argue that the city’s definition of public camping and the ban itself is overly broad.

The U.S. Supreme Court has agreed to hear a challenge to a 2018 Ninth Circuit Court of Appeals ruling that homeless people could not be punished for breaking anti-camping ordinances if not enough shelter beds are available. The Supreme Court is set to hear the case later this spring.

Critics say the case reflects a similar situation in Rochester, where a little more than 70 overnight shelter beds are available to homeless residents at any one time. Olmsted County estimates that about 200 adults and 400 children are homeless in the area, though counts have increased over the past year.

City officials say they tweaked the ordinance in response to those concerns. Campers are given a warning first, and police must help homeless residents find a safe place to go and notify them of available services before moving to arrest someone. Campers are given 48 hours to move on from their camp.

“We in fact put safeguards and guardrails on ourselves,” Police Chief Jim Franklin said.

Brian Lipford, lead attorney at Southern Minnesota Regional Legal Services for the southeast part of the state, said his office is reviewing Rochester’s revised ordinance and hasn’t decided whether they will sue the city. Lipford said he’s pleased that it appears the ban won’t be enforceable if the area’s homeless shelter beds are at capacity.

“When individuals are unable to obtain other shelter, they’re running the risk of being prosecuted or cited with a crime when there’s literally no place for them to go,” he said. “I think the Rochester ordinance now recognizes that and has a safe haven for that.”

Council members Brooke Carlson, Molly Dennis and Kelly Rae Kirkpatrick voted against the ban. They also tried and failed to amend the ordinance to remove consequences for people who live and sleep in cars. Dennis condemned the ban, arguing that criminal charges could potentially put up more barriers for homeless residents trying to find homes.

“People who are surviving, they need as much help as possible,” she said.

City officials said the court would likely divert residents charged with violating the ban to other programs rather than convicting them. Homeless residents could face up to 90 days in jail or a $1,000 fine, but City Attorney Michael Spindler-Krage said all but the most extreme cases would likely be ordered to a work program or county services instead.

“For these types of offenses, we are always looking for options to avoid a conviction on someone’s record,” Spindler-Krage said.

Still, most council members said they struggled with the vote. Norman Wahl called the ban “not perfect,” but he argued that the city needs more ways to address homelessness.

“If there were a perfect answer, every city would be doing it,” Wahl said.