Edward Choklek, who has worked with a local housing committee and with the St. Vincent de Paul Society, speaks against a public camping ordinance before the Carson City Board of Supervisors on Thursday.
Photo by Scott Neuffer.
The day before the Carson City Board of Supervisors considered an ordinance outlining prohibitions on public sleeping and camping, two homeless individuals spoke to the Appeal about such laws, revealing mixed feelings.
Supervisors unanimously approved the first reading of the ordinance Thursday. It was designed in the wake of the 2024 U.S. Supreme Court decision that found in the case of Grants Pass, Oregon, local penalties for people camping on public property do not constitute cruel and unusual punishment.
The ordinance fleshes out existing prohibitions on sleeping and camping in unauthorized public spaces. It includes definitions of terms and spells out how the city would confiscate personal items from an illegal encampment.
It also says infractions are misdemeanor offenses and may be punishable by a fine of up to $1,000 and/or up to six months in jail, which are the same penalties under existing code. It further specifies violators may be arrested or issued a citation.
“You ain’t got a clue what I’ve been through,” Alton Borders, 57, said Wednesday.
Borders said he was from Texas and Kentucky and spent the last year in the capital city homeless. He was angry at the idea of the new ordinance, accusing the city of being “hungry for citations.” He claimed he had been repeatedly robbed in the last year and had experienced legal trouble.
Wednesday, Borders was riding a bike and had a jacket and a can of WD-40. He mentioned difficulty in maintaining personal documents.
“You don’t understand what it’s like being on the street,” he said. “You can’t take care of yourself.”
Asked what would help him, Borders said, “Have a shelter.” He added, “More safe shelters.”
Joe Garza, 54, said he’s been homeless in the capital city for a week, having migrated from South Lake Tahoe where he spent the last two decades.
“It’s warm,” he said on why he came to Carson.
Garza discussed part of the new ordinance regarding disposal of personal property from illegal encampments. In occupied campsites, the individual would be given a “reasonable” period not less than an hour “to vacate the campsite and remove all of his or her personal property.”
“If the person does not remove his or her personal property within the time prescribed, the personal property shall be deemed abandoned and the authorized official may cause the property to be removed and disposed of in any manner reasonable and customary for the disposal of such property,” reads the ordinance.
In unoccupied campsites, the city would post a notice in the campsite for a minimum of 24 hours and notify a local agency that provides services to homeless about the location of the camp. If the camp is not cleared after 24 hours, an inventory form would be posted in the camp for a minimum of 48 hours and processing of the property would begin; the items would be inventoried and stored by the city for a minimum of 30 days before disposal.
Any illegal property such as drug paraphernalia would be seized by the Carson City Sheriff’s Office, and dangerous or unsanitary items would be disposed of immediately.
Thursday, supervisors modified the inventory form requirement to include the address and phone number of the department handling removal of property, so an individual would know where to retrieve it.
Garza, a self-described paranoid schizophrenic, liked the personal property provisions in the new ordinance. He said at Tahoe, a ranger had taken his clothes from his unoccupied camp, leaving nothing.
“It was pretty rough,” he said.
On Wednesday, Garza had a jacket and a plastic bag with a pair of pants. He said homeless people need a chance to get on their feet and get stable. He noted many are addicts.
“If they get off the drugs, they might be able to make it,” he said.
Asked what would help him, Garza said, “finding a decent place to live.” He said he could afford $895 a month, the amount of his disability payment.
According to U.S. Housing and Urban Development, the number of people experiencing homelessness in the U.S. reached the highest level ever recorded in a point-in-time estimate last year: 771,480 people.
In Nevada that estimate hit 10,106, a 17 percent increase from 2023, according to HUD.
Members of the public had opinions for and against the ordinance on Thursday.
Mike Riggs, representing Carson’s Downtown Business Association, supported the city’s efforts.
“I just want to say thank you for putting some detail together on this,” he said. “Our biggest complaint as business owners is having our business blocked. I appreciate you guys taking the time and addressing this.”
In a March 19 email, Tony Allec, a bar and restaurant manager in the city, worried businesses weren’t able to operate effectively or safely because of public disturbances.
“We recognize that homelessness is a complex issue requiring compassionate solutions, and we commend the sheriff’s office and MOST units for their ongoing efforts to connect individuals with needed resources,” Allec wrote. “At the same time, it is critical to enforce reasonable regulations that balance the rights of all community members, including business and property owners, employees and customers.”
Molly McGregor, a social worker in the city and a volunteer with NOTS (the nonprofit that provides temporary shelter in the cold season), argued against the ordinance.
“We don’t have a shelter in place for them to go,” McGregor said. “So, we are literally criminalizing people for having nowhere to go.”
Rev. Paul Larson of St. Paul’s Lutheran Family in Carson said he was representing congregants in voicing opposition to the ordinance. He appealed to the “Christ in our neighbor” and “welcoming the stranger among us.”
“As a faith leader, I cannot support a measure that I still believe is cruel and unjust,” he said. “An ordinance that seeks to criminalize something as basic as sleeping on a park bench… And the gaslighting and blaming of people who are homeless is not the solution.”
District Attorney Garrit Pruyt told supervisors the ordinance does not criminalize someone’s status, which is unconstitutional, but is conduct-based.
“First, this ordinance does not criminalize poverty,” he said. “It does not. It does not criminalize the sitting on park benches. It does not criminalize the reading and sitting and using our libraries. It does not criminalize falling asleep in parks. It does not criminalize taking a rest during a bike ride. It does not criminalize relaxing in the downtown area utilizing the benches or any of those things. It simply does not do those things.
“And most importantly, when looking at this bill, this is one aspect of this board’s ability and this city’s ability to address an issue that does plague many cities here across the country, that deeply impacts people. But this ordinance does not prevent the use of services that are widely available in this community.”
Pruyt stressed the new policy would not mandate fines or imprisonment but would grant discretion to Carson City Sheriff’s Office, which, he argued, has a track record of helping people get services.
The new ordinance additionally revises the existing disorderly conduct code, 8.04.010, by clarifying unlawful behavior as being done “maliciously and willfully.”
It further revises Title 13 on Parks and Recreation, stating, “It is unlawful for a person to lie down, sleep or lodge in any public park or open space between sunset and 8 a.m. except in an area specifically designated for such purpose.”
Mayor Lori Bagwell said the new policy strikes a needed balance for all parties.
“We can’t always all agree on what the best answer is for everyone, but I think this regulation or proposal here does a better job than the existing rules to help those that might be in need by requiring a referral for an agency, a notification, by protecting their inventory and their stuff,” Bagwell said. “None of that existed in the current rules that we have.”
City ordinances must have two public hearings before adoption.
• In other action, supervisors unanimously approved appointing Jessica Carpenter and Ryan McIntosh to the 911 Surcharge Advisory Committee. Each will serve a two-year term.
When asked how to navigate many projects with limited funding, McIntosh, an assistant fire chief for a neighboring county, told supervisors, “Really it comes down to the priorities set by you.”