The Fort Smith Board of Directors has decided to indefinitely postpone a vote on ordinances concerning public camping and vagrancy in the city, following discussions at their regular meeting on December 3. The delay comes as the city seeks further input from legal counsel.
The proposed ordinances were initially presented at a study session on November 12, following requests from Directors Kevin Settle and Lavon Morton. They had asked for a draft of an ordinance similar to one enacted in Grants Pass, Oregon, which prohibits camping on city property. The Grants Pass ordinance, with some proposed amendments, was recently upheld by the U.S. Supreme Court on June 28. The Court ruled that the ordinance did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
Fort Smith’s proposed versions of the ordinances include additional provisions designed to enhance enforcement, particularly by banning sleeping on sidewalks and preventing obstruction of pedestrian walkways. A memo attached to the board’s meeting packet outlined these changes, and a letter from city attorney Colby Roe provided further details.
In his letter, Roe highlighted one key provision of the proposed ordinance that would restrict individuals from loitering, standing, sitting, or lying on streets, sidewalks, or public spaces in ways that “unreasonably annoy or molest” others or obstruct pedestrian traffic. This language, however, is not part of the Grants Pass ordinance upheld by the Supreme Court.
Roe cautioned that the vagueness of this provision could make the ordinance susceptible to legal challenges. He pointed out that the Supreme Court has ruled that laws containing ambiguous language, which may lead to selective enforcement, can violate due process. He further explained that an ordinance must provide clear guidelines so that individuals know what behavior is prohibited, and vague statutes can lead to arbitrary enforcement practices.
The city attorney also noted that the conduct the proposed ordinance seeks to address is already covered by state law. As such, he suggested the possibility of revising the local ordinance to align with the city’s existing trespass warning policies, which are designed to address violations related to camping on city property.
During the meeting, Director Jarred Rego, who motioned to indefinitely table the ordinances, stated that the delay was a procedural step requested by the city administration in order to complete further work on the matter.
The Fort Smith Board of Directors will reconvene at a later date to revisit the proposed changes after receiving additional legal guidance.
Related topics
- Pe’ahi Challenge: Jaws Contest Goes Digital with Cash Prizes
- 16th Annual ‘Camping for Hunger’ Helps Local Families
- Camping Banned at Popular SA Beach to Protect Environment