Lowell and Brockton city councils ban camping in public spaces

Lowell and Brockton city councils voted Tuesday night to ban people from camping in public spaces. The new rules reflect how leaders in both cities are attempting to crack down on homeless encampments.

The measures come months after the U.S. Supreme Court ruled cities could ban people from sleeping in public. The decision overturned lower court rulings that considered it "cruel and unusual" to punish people without homes for sleeping outdoors.

The 10-1 Lowell City Council vote specifically bans sleeping and camping in public spaces when shelters are available. The ordinance also requires the city to offer shelter to violators, who may face fines or arrest if they refuse to leave or re-establish campsites.

Lowell, like many other mid-sized cities and smaller communities in Massachusetts, has seen a dramatic increase in people who are sleeping outside over the last few years, according to government data and accounts from advocates.

Recently, dozens of people have been congregating in South Common Park during the day and sleeping there at night. A public K-8 school is located next to the park.

The city cleared out and shut down other encampments in the city last year.

Supporters of the ban said they have safety concerns for children and others, due to discarded needles and other potential risks posed by the people congregating in the park.

Many local residents spoke in opposition to the camping ban at the sometimes heated public hearing, saying it will further harm people who are experiencing homelessness.

Supporters of the measure say customers at local businesses have faced harassment from some people living in tents on public property.

City Councilor Corey Robinson called it a public safety issue.

"It is the purpose of this ordinance to promote public health, public safety, general welfare, and the economic health and well-being of Lowell," Robinson said.

Councilor Wayne Jenness, the lone dissenter, questioned whether the move would be effective in addressing homelessness.

"Unfortunately, I think that we are too new to having these ordinances in other communities to be able to look and understand the long-term impacts on the community and on the population affected," Jenness said.

Fall River passed a similar ordinance blocking encampments in September that also threatens to fine people who violate the rule.

Brockton City Council voted 7-4 to ban camping on public property, and 9-2 to prohibit loitering in public places.

At the meeting Tuesday night, Councilor Jeffrey Thompson spoke in support of the ban on unsanctioned campsites.

"The number one duty of city government is to provide a safe and secure environment for our constituents — both residents and business owners — so they may flourish in their pursuits," he said. "Right now, our residents are fearful when they walk by an encampment on their way to work or on their way to school."

He cited the Supreme Court decision, saying it gave cities power to "regain control of our public spaces."

Councilor Maria Tavares voted against the ordinance, saying "I don't see a plan B and C." She said shelters are at capacity, and people struggling with homelessness often have no other alternatives.

"At the end of the day, we're talking about folks like us — human — [...who don't] have a place to stay," she said.

In Brockton, people caught camping after being given notice to leave will be fined $200. Loitering offenses come with a $50 fine, but the ordinance specifically notes no one should be arrested for loitering without first being given the chance to leave.

With reporting from WBUR's Lynn Jolicoeur