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Inspired by the US Supreme Court ruling, Manchester is tightening restrictions on camping

Manchester's Council of Mayors and Councillors has voted to ban camping on the city's streets and parks under all circumstances.

The move came in the wake of a major U.S. Supreme Court ruling that allowed cities to ban people from sleeping and camping in public places. Following the ruling, Manchester Mayor Jay Ruais hinted at plans to enforce a similar ban in New Hampshire's largest city.

When the issue came up at Tuesday's mayoral and city council meeting, Ruais and other city officials said the Supreme Court's decision paves the way for stricter enforcement of the city's camping ban.

Fourth District Councilwoman Christine Fajardo was the lone dissenting vote.

Previously, a city ordinance prohibited camping on public lands only between sunset and sunrise. Manchester police were only allowed to enforce the ordinance if there was space available at a shelter.

But under changes passed Tuesday, people can now be arrested for camping at any time of day and regardless of the availability of beds at local shelters. Manchester police also have the discretion to issue fines of up to $250 for those who violate the ordinance. The council said it trusts police to use its best judgment to enforce the new changes and asked the police chief to provide more information on how he plans to address this in the future.

The regulation does not explicitly refer to people who are “homeless” or “without a home.” However, supporters and critics admit that the changes would primarily affect those who do not have a permanent place of residence.

Following the vote, the ACLU of New Hampshire expressed deep disappointment that Manchester lawmakers have chosen to criminalize and dehumanize homeless people in the city simply for existing, warning that such efforts may violate the state constitution.

The discussion about changing the camping rules drew nearly 90 minutes of public comment, and there were also some protesters outside City Hall.

Supporters of the camping ban generally expressed a desire to address behavioral and safety concerns on sidewalks and in parks. Some said certain areas had become impassable due to drug use, public defecation and fights, among other issues.

“I've seen camps set up on school grounds where our children, my children, are supposed to feel safe and secure,” said Adam Alvarez, a local business owner who says he has lived in Manchester his entire life. “On walks with my children, we've come across human waste. I've had to teach them to watch for needles.”

Opponents of the ban warned that the move criminalizes homelessness. Some also said the city should put more money and effort into helping the homeless, such as creating more emergency shelters. Many cited the state's housing crisis as the main cause of homelessness. (Statewide, the vacancy rate is less than 1 percent.)

Phoebe Youman said she did not have the same safety concerns as other participants in the meeting.

“When I walk around the city, I often walk through the homeless encampments,” Youman said. “I'm a young woman. I'm less than 5 feet tall and I mostly walk alone. And not once have the people living on the streets or in their cars harassed or bothered me, let alone posed a safety threat.”

She also urged people to think about “how close each and every one of us is to homelessness.”

“A car accident with an uninsured vehicle, a medical emergency, a fire, any of these things could wipe out all our savings,” Youman said. “Personally, I would rather live in a city that has a strong safety net if I needed it.”

Anna Harden

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