Council to consider restrictions on homeless camps

Houston is poised to ban unauthorized encampments in public places and reinforceits panhandling restrictions on Wednesday as part of Mayor Sylvester Turner's initiative to reduce homelessness.

The new local rules, which are subject to City Council approval, are part of the city's response to months of resident and council member complaints about homeless camps and public solicitation, even as data shows Houston-area homelessness is at its lowest in years.

Turner's plan, announced last month, also includes proposals to house 500 chronically homeless people by early September and construct alternative, professionally staffed "low-level" shelters under highway overpasses or on private property.

"It's a balancing act of protecting neighborhoods and responding to legitimate issues while also protecting these individuals, who are very vulnerable and are on the streets," said Marc Eichenbaum, special assistant to the mayor for homeless initiatives. "The mayor did not want to criminalize sleeping, but at the same time, we have to respond to the amount of trash and behavior … that is generated from encampments."

The city's new anti-encampment law would go into effect 30 days after City Council approval and would make it a misdemeanor to do the following on public property without permission: assemble a temporary structure for human habitation; use a heating device; or accumulate personal property that would not fit in a container measuring one cubic yard.

The enforcement provisions require police officers to attempt a series of diversion mechanisms before arresting someone. Those include issuing a written warning, providing a "reasonable time for the person to comply with the prohibition," determining whether the person needs medical treatment or social services and making "reasonable efforts to obtain assistance."

'Not in my backyard'

Officers may arrest someone if they are unable to secure assistance, if the homeless person denies supportive services, or if an expert determines the individual does not immediately need medical treatment or social services.

"The last thing we want to do is house these people in jail," Eichenbaum said. "Housing is the only permanent solution to homelessness, but in the meantime, we have to mitigate the impact that certain individuals have … on the neighborhoods around them."

Some residents worried Tuesday that the city is moving too quickly to outlaw encampments.

"May I suggest that camping enforcement be deferred until there is somewhere for these folks to go," District H resident Sara Lyons told council members Tuesday. "The not-in-my-backyard approach is not sustainable for our city. We're all citizens, and we need to be willing to look at homeless people every day."

Turner intends to build outdoor shelters to accommodate people displaced by the encampment ban, but spokeswoman Janice Evans said Tuesday that the city still is reviewing potential locations.

Evans declined to specify the addresses under consideration or say when the city expects to have the first shelter in operation.

The shelters have been described as fenced-in areas with a roof and security where people could sleep on mats.

Museum Park resident Shawn McDermott urged City Council to pass the encampment ban and ensure it is enforced.

"It's really just about the safety of the people in the community," McDermott said. "We're not anti-homeless. We want them to get help, seek help, so we just want to make sure that you guys follow through."

'Island' of homeless

Houston and Texas already restrict panhandling in certain areas, so the city's ordinance amendment making it illegal to "impede the use of a roadway" largely is redundant.

City Council on Wednesday will also consider extending its civility ordinance to the Greater South Post Oak neighborhood. Doing so would ban sitting, lying or placing personal possessions on the sidewalk between the hours of 7 a.m. and 11 p.m.

Eichenbaum acknowledged that expanding Houston's civility ordinance - as the city did in the Near Northside last year - could contribute to a perception that homelessness is increasing. The law also covers the central business district, Midtown, Old Sixth Ward, Avondale, Greater Hyde Park and East Downtown.

"If we clear out all the parks and we also have a lot of areas where nobody can be, we'll find that one island where people can exist, and that's where everybody will go," Eichenbaum said. "You might have had everybody kind of spread out evenly, but now you have an island with everybody on there, and so it's a lot more visible."

The homeless population in Harris and Fort Bend counties fell 57 percent between 2011 and 2016 to roughly 3,600, according to the Coalition for the Homeless.