City Hall: Rally outside City Hall planned to protest proposed ordinance change

Sep. 2—PARKING COULD BE scarce around City Hall on Tuesday evening, when several groups plan to speak out against a proposal by an alderman to remove language from a city ordinance that he says hinders police efforts to remove homeless people from public property.

In August, the request was tabled for a month to allow aldermen time to review similar regulations in San Diego and Los Angeles. The vote to table came after a lengthy nonpublic session where aldermen huddled with City Solicitor Emily Rice behind closed doors. At that meeting, about a dozen people spoke for or against the proposed ordinance change.

Alderman at Large Joe Kelly Levasseur argues that Manchester city ordinance 130.13 (A), which prohibits camping on public property without advance written permission, should not have been amended to say police will enforce the prohibition "only when the individual is on public property and there is an available overnight shelter."

Levasseur has proposed striking the verbiage "and there is an available overnight shelter" and related language from the ordinance so it simply reads, "The Manchester Police shall enforce this camping section only when the individual is on public property."

Brandon Lemay, the New Hampshire Housing Justice Organizer for the nonprofit Rights and Democracy, said last week that a group of residents and advocates plans to rally against the proposal on Tuesday at 6 p.m. at City Hall Plaza, one hour before public comment begins at the Board of Mayor and Aldermen meeting.

After rallying outside, participants plan to offer comments during the public comment portion of the agenda.

Opponents of Levasseur's proposal claim it will "enable sweeping of homeless encampments on public property even when shelters are full, violating Eighth Amendment rights of the unsheltered as outlined in Martin v. Idaho" and leave the city vulnerable to lawsuits "at taxpayer expense, due to the violation of the 8th Amendment rights of unhoused residents."

In an announcement promoting Tuesday's rally, Lemay said participants want to send a message to aldermen: "Don't just table this ordinance change, defeat this measure."

"We need Housing First now: more shelter space, and affordable housing for all," Lemay said in the statement. "We are calling for the end of more measures focused on cruelty as a means of addressing poverty.

"When considering policies that tackle the systemic causes of homelessness (e.g. lack of affordable housing, shelter space, accessible treatment options, and public lavatories), a community must also weigh the cost of not addressing these issues in a humane and just way," he said.

Lemay argues that aldermen need to consider the taxpayer cost of lawsuits, policing, jailing, hospitalization, land remediation and other expenses incurred "treating instead of curing" homelessness.

"Manchester has an opportunity to lead as an example of what a healthy, caring, thriving community can look like," Lemay said in the statement. "All residents have the right to live in a city that best supports and represents working people and all those who live in precarious conditions.

"We need good public housing which isn't subject to the chaos of the market and city officials who have the courage to make the right decisions and put public good above private interests," he said.

The city ordinance was amended in 2021 on advice from the city solicitor's office to help protect the city from lawsuits and in response to a 2018 ruling by the Ninth Circuit Court of Appeals in Martin v. City of Boise, Levasseur said.

In that ruling, the court determined a city cannot charge someone with a crime or give them a ticket for sleeping in a public space if shelter beds aren't available — in effect, if there's nowhere else for them to go.

A running list of news

Here's a roundup of last week's developments in the city's mayoral race. The municipal primary election will be Sept. 19, with the the municipal election on Nov. 7.

Alderman At-Large June Trisciani released her first television ad, which is part of a five-figure ad buy running on WMUR.

In the ad Trisciani, a small business owner and former teacher, states, "As mayor, I'm ready to solve Manchester's biggest problems. From skyrocketing house prices to public safety issues. I'm coming to the table with real solutions to help lower costs and keep our streets safe."

Trisciani has been endorsed by EMILY's List and is a Moms Demand Action Gun Sense Candidate.

Jay Ruais released his first digital ad, "Homeless Crisis," outlining his solutions to what he called voters' No. 1 concern in Manchester. The ad follows a news conference at which he announced details of his plan.

"We cannot tolerate the human suffering on our streets. It's not only impacting our residents who want to enjoy what our city has to offer, but it is also affecting our small businesses who are dealing with the adverse effects of this crisis," Ruais said in a statement.

"My plan is a comprehensive and balanced approach; strengthening our ordinances, breaking the cycle on our streets, and increasing affordable housing to help transition people into a stable life. This issue has surpassed crisis levels, and fixing it has, and will continue to be, a focal point of my campaign and a top priority when I am elected mayor."

Former state senator and current Ward 1 Alderman Kevin Cavanaugh's mayoral campaign secured the endorsement of U.S. Sen. Maggie Hassan.

"A proud union member for more than 35 years, Kevin understands firsthand the challenges facing working people," Hassan said in a statement. "Kevin has delivered for Manchester in the state Senate and on the Board of Alderman on property tax relief, affordable housing, and public safety, while standing up to defend a woman's reproductive freedom.

"Kevin is the best candidate to continue building on the progress being made in the city."

Cavanaugh said he is "deeply grateful" for Hassan's support.

"As mayor, I am committed to working with the Senator to continue the partnership with the city and the Federal Government that has delivered resources to help protect our first responders and invested in job creation in Manchester," Cavanaugh said in a statement.

On Thursday, Cavanaugh released the first ad of his campaign, titled "Here."

Touting research that shows high-quality early intervention and learning opportunities have a significant positive impact on children and produce significant savings for school districts, mayoral candidate Will Stewart rolled out a plan to make Pre-K available and affordable for every family in Manchester.

Manchester schools have a Pre-K program for children with identified disabilities and those residing in Title I school neighborhoods. With 10 out of 13 elementary schools in the city qualifying for Title I aid, children in 77% percent of Manchester neighborhoods already are eligible for the district preschool program.

"These programs are funded by federal dollars, not local taxes, so a priority of this plan is to help families get the testing they need to determine if their children are eligible for special education, raise awareness of Pre-K for families in our Title 1 neighborhoods, and make the process more accessible for our families and students," Stewart said in a statement.

Stewart's plan calls for making Pre-K available and accessible to all families within five years. It includes efforts to increase enrollment of eligible children for the 2024-2025 school year, making Pre-K affordable and available to all 4-year-olds in Manchester by the 2026-2027 school year and to all 3- and 4-year-olds by the 2028-2029 school year.

For more details, visit electwillstewart.com/pre-k.

Paul Feely is the City Hall reporter for the New Hampshire Union Leader and Sunday News. Reach him at pfeely@unionleader.com.