Judge allows Manchester to remove sidewalk homeless encampment
Jan. 17—Manchester officials planned to move ahead with efforts to evict residents of a sidewalk homeless encampment along Manchester and Pine streets overnight after a Hillsborough County Superior Court judge on Tuesday cleared the way.
A request for a temporary restraining order blocking the city's plan was brought by ACLU-NH, an encampment resident and a homeless advocate.
Judge John Kissinger ruled in favor of the city, stating that restraining orders, whether temporary or permanent, are emergency measures that should not be applied "unless there is an immediate danger of irreparable harm" to the parties seeking relief.
The judge cited a city ordinance that prohibits camping on public property without advance written permission and that allows police to disband an illegal encampment when there is available overnight shelter.
"Considering the grave risks to public health and safety posed by the ongoing presence of the encampment on public sidewalks in downtown Manchester and the availability of safe alternatives for the people living in the encampment, a temporary restraining order is not justified," Judge Kissinger wrote in the decision.
Dam Wright, a homeless advocate who was not a plaintiff in the suit, called the ruling "a nightmare."
"These people have no place to go and they're going to end up someplace that cannot possibly be better than where they're at now," Wright said. "This doesn't solve any problems of public health and safety."
Gilles Bissonette, legal director of ACLU-NH, issued a statement Tuesday asking the city to postpone any eviction effort until shelter is provided 24 hours per day.
"While we are disappointed with the court's decision, we continue to believe that any eviction is unconstitutional in the absence of the city providing a 24-hour place for unhoused people to sleep," said Bissonette.
While city officials say they anticipate ACLU-NH will appeal the judge's ruling, Bissonette said on Tuesday the organization is "still evaluating our options"
Manchester officials issued a statement Tuesday afternoon confirming the city would begin to close the encampment starting at 12 a.m. Wednesday. Individuals were to leave with their belongings by then.
"Closing the sidewalk will require all individuals present at the encampment to vacate the area while public health and public safety issues are addressed," said a statement by the Emergency Operations Center.
Freeman Toth of Manchester, a homeless advocate and plaintiff in the lawsuit, said the ruling is "breaking my heart."
"They want someone to listen to them instead of telling them what to do," said Toth.
Most encampment residents say they feel safer on the sidewalk in front of the Families in Transition shelter because of regular police presence. If it's too cold, they take advantage of the Cashin Center warming shelter — a temporary resource, but not a permanent solution, Toth said.
Dismantling the "tent city" at Manchester and Pine streets also jeopardizes the annual point-in-time count of unsheltered people across New Hampshire that takes place later this month.
"When you displace people who are already displaced, you make it harder to count them," Toth said.
He said that after the court decision Tuesday, police were being kind and doing their best. "No one wants to be kicking people out of their tents," Toth said. "But I do think it's disruptive to shuffle people around like cattle. We're using police officers to herd people. They all want housing and a better situation. Going to a way station is not a solution. It's a safety mechanism. It's not transitional housing or permanent housing."
People who don't comply with the city's request to move will be issued civil citations. One resident has received three so far for blocking the sidewalk, Toth said. If he can't get to court or pay the fine, he'll be issued a bench warrant, Toth said.
Outreach teams began notifying people in the area on Jan. 8, and city, non-profit and faith-based groups have been working to connect individuals to shelter, storage for belongings and other resources.
"City employees and non-profit partners have been working around the clock to ensure the health and safety of both the individuals experiencing homelessness in Manchester and the community at large, and this morning, the Hillsborough County Superior Court acknowledged our progress and ruled in favor of our ability to continue this work," said Mayor Joyce Craig in a statement.
Last Friday, officials announced the launch of the Manchester Winter Relief Fund, designed to "ensure services and shelter to unhoused individuals" in the city, according to a statement.
The fund will be administered by Granite United Way, with 100% of the proceeds going to programs and services supporting this effort, organizers said.
Officials said last week the state has agreed to let the city use the vacant Tirrell House on Brook Street as a women's homeless shelter. The city will partner with YWCA New Hampshire to provide staffing and other services at 15 Brook St.
City officials are considering leasing a building on Canal Street, the former city bus station, as a temporary shelter with 40 beds.
Aldermen have pledged $871,991 to address homelessness, using a combination of community development, COVID relief and affordable housing funds.
Manchester city ordinance 130.13 (A) prohibits the use of public spaces for camping without advance written permission. The ordinance goes on to say Manchester police will enforce the prohibition "only when the individual is on public property and there is an available overnight shelter."
In their lawsuit against the city, the plaintiffs argued that the U.S. Ninth District Court of Appeals' ruling in Martin v. Boise prohibits the city from enforcing the ordinance. Four years ago, the federal court found that prohibiting sleeping or camping on public property is unconstitutional when individuals do not have a meaningful alternative, such as shelter space or a legal place to camp.
Judge Kissinger found the encampment poses a "serious public health hazard," citing reports from city officials that Manchester police have received approximately 380 calls for service in connection with the encampment — including at least one death, overdoses and an incident where a man set a tent on fire.
"These calls have included alleged assaults and drug use," Kissinger wrote in his ruling. "As the weather has become colder, individuals within the encampment have reportedly been lighting fires in the vicinity of the tents. Not surprisingly, this activity has had a significant impact on neighbors, including residents and local businesses and a child care center which had been located nearby has purportedly closed."
The court does say it hopes the city "continues to make a real effort" to identify a way on an "expedited basis" to offer people options to remain warm 24 hours a day.
Wright said he spent time at the encampment Tuesday, telling those there about the court's ruling.
Wright said their reaction was "Where do we go?"
"That's the No. 1 question people are asking," he said. "There are no good answers to that one, only bad ones. People are facing potentially going out into the woods, or potentially finding other sidewalks, or finding hallways to sleep in. This is not going to be good for anyone in this city."
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Staff reporter Roberta Baker contributed to this report.
Staff reporter Roberta Baker contributed to this report.
