MORGANTOWN, W.Va. – Mountain State Justice, represented by Attorney Lindsey Jacobs, has voiced strong opposition to the proposed expansion of the camping ban in downtown Morgantown. Jacobs emphasized the nonprofit law firm’s commitment to advocating against the ban and seeking evidence-based solutions.
“We’re going to continue attending every council meeting, advocating for data-driven approaches, and exploring legal avenues to challenge any further criminalization of our community’s most vulnerable members,” Jacobs stated on WAJR’s “Talk of the Town.”
The contentious proposal seeks to broaden the existing camping ban detailed in Sec. 941.05(c) of the Morgantown City Code, extending its scope from parks to include residential properties, city streets, alleyways, and sidewalks. Jacobs argued that criminalizing homelessness is ineffective.
“If camping bans were effective, we wouldn’t see persistent homelessness despite the current ban along the rail trail,” Jacobs noted.
Homelessness has been a persistent topic at Morgantown City Council meetings since April, driven by the Morgantown Coalition for Housing Action’s advocacy for evidence-based solutions. Jacobs linked the recent push for expanded bans to a Supreme Court decision on June 28th, which permits cities to outlaw camping under the Eighth Amendment even without adequate shelter for the homeless.
“Homelessness is a multifaceted issue, and finding a solution will take years, not days or months,” Jacobs stated. “Increased law enforcement involvement is counterproductive to achieving long-term housing stability.”
Jacobs expressed hope for the reopening of the triage shelter but acknowledged the insufficient number of beds for Morgantown’s homeless population, stressing the need for fair housing.
The camping ban, proposed by Councilor Louise Michael, responds to reports of theft, vandalism, and drug use from downtown residents and business owners. While Jacobs, a business owner herself, acknowledged these issues, she argued that drug usage problems are often exaggerated.
Having served on cleanup crews for three years, Jacobs reported encountering needle caps frequently but finding actual needles only twice. “Downtown is not the wasteland it’s often depicted as. I spend much of my day there and don’t believe that’s the case,” she remarked.
Jacobs suggested that the visible symptoms of homelessness, such as outdoor bathroom use and littering, could be mitigated by providing accessible bathrooms and engaging with the homeless to understand their needs.
At a recent city council meeting, West Virginia University Police Chief Sherry St. Clair presented a survey indicating that several WVU students and faculty members feel unsafe downtown. Jacobs responded by differentiating between discomfort and safety concerns.
“People often confuse discomfort with being unsafe,” Jacobs explained. “When someone says they feel unsafe, I ask them to specify what that means. Often, it’s discomfort, particularly with seeing poor people or those struggling with mental health issues.”
Jacobs asserted that all individuals have constitutional rights to be downtown, whether housed or not, and can only be removed for committing criminal acts like assault or robbery.