Des Moines considers controversial fine on sleeping in public aimed at homeless people

The Des Moine City Council will discuss and vote again in August on an ordinance that outlaws sleeping outdoors in public places. (Photo by Andrew Burton/Getty Images)

The Des Moines City Council is considering an ordinance to fine people for sleeping outside, which some advocates say would “criminalize homelessness.”

Under the wording of the proposed ordinance, homeless people, sunbathers, babies in strollers or anyone else caught sleeping on public property could be fined $50, critics say.

Pete McRoberts, American Civil Liberties Union (ACLU) policy director, said while this ordinance could target anyone, it’s designed for and will likely be exclusively enforced against homeless people.

“If I’m on a park bench during lunch one day and I fall asleep, I promise you I’m not going to be the one who gets a ticket,” McRoberts said. 

The Des Moines ordinance comes one month after the U.S. Supreme Court ruled in an Oregon case that cities could ban homeless people from sleeping outdoors. The ordinance in Grants Pass, Oregon, includes a fines and potential jail time for repeat offenders who camp or sleep outdoors.

The Des Moines City Council approved the first of three readings of the ordinance on a 5-2 vote in a meeting Monday. The council will have to vote at least once more — twice if members don’t waive the final reading.

Sleeping on a sidewalk, alleyway, public bench or in a park would all illicit a fine, according to the agenda from the Monday meeting. Originally, the fine was $120 before it was lowered to $50. 

McRoberts said while the fine can be challenged if homeless shelters are full, it places the responsibility on the wrong person.

“This new change would allow us to offer an affirmative defense if the shelters are full but that puts the burden on the wrong side. The burden should be on the city,” McRoberts said.

For those who can’t afford the fine, the fine can be paid through community service.

Advocates: Goal is to move unhoused people to shelters

Des Moines City Council Member Chris Coleman, who voted in favor of the ordinance, said the goal of the ordinance is to get homeless people into shelters where they can take full advantage of city services.

“We’ve tried to address the growing homeless population in town with better services and more compassion along with trying to speed up the efforts the city makes to get people into our shelters,” Coleman said.

Coleman said the city is still committed to improving homeless services and pointed to a different ordinance the city council voted on Monday.

Separate ordinance aims to reduce barriers to shelter use

That ordinance instructs City Manager Scott Sanders to work with homeless shelters, discuss current shelter practices and reduce barriers to shelter use. 

Under that ordinance, Sanders is also instructed to coordinate with animal shelters to provide temporary shelter for homeless people’s pets, find secure storage for their belongings and ensure transportation to shelters.

Coleman added that both of the ordinances will benefit homeless people as it will connect them with shelters and other public resources quicker.

“They’re going to get help and the community support even sooner,” Coleman said. “For the homeless, it’s a tremendous advantage.”

Some homeless advocates say with that ordinance, the city still isn’t doing enough to address homelessness. 

Critics: Des Moines isn’t doing enough to address homelessness

Angie Arthur, executive director of Homeward, a homeless advocacy group, said Des Moines needs to find other solutions to homelessness that don’t involve fines for sleeping.

“The city should not be victimizing or criminalizing people because they need a place to sleep,” Arthur said.

McRoberts said working with homeless shelters is a positive but after passing the fine on sleeping in public, the city was merely putting “lipstick on a pig.” 

McRoberts added that if the city wants to help homeless people, it should invest more resources into affordable housing, shelters and other homeless support services 

“They can talk a good game about wanting to be there for people who are homeless, but ultimately their values are expressed by their budget, and they have not done anything to show that they actually are willing to use their power to help,” McRoberts said.

Des Moines City Council will meet again in early to mid-August to discuss and vote on the ordinance to impose a fine for sleeping in public.

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