The unsheltered population in the United States reflects a decades-long humanitarian crisis, exacerbated by flawed housing policies, diminished mental health care, stagnant wages, the opioid epidemic, and extensive cuts to addiction care and Medicaid. This issue, requiring state and federal intervention, has largely been relegated to local governments, presenting a persistent challenge that communities nationwide continue to grapple with.
On June 28th, the Supreme Court overturned the 9th Circuit Court of Appeals’ ruling in Johnson vs. Grants Pass, permitting municipalities to enforce camping bans irrespective of shelter bed availability and to impose criminal penalties for violations.
While this ruling was anticipated, it does not alter Missoula’s approach. The city remains committed to a thoughtful and compassionate response, regardless of judicial directives.
Historically, Missoula has prohibited camping on city property. However, with rising homelessness and the previous directive from the 9th Circuit Court, enforcement had ceased. Instead, efforts were focused on cleaning camps posing health and safety risks and maintaining the cleanliness of trails and parks.
Ahead of the Supreme Court decision, the Missoula City Council passed an ordinance on June 24th with a 10-2 vote. This measure aims to balance compassion with practical solutions, addressing the impacts of crisis camping and optimizing shelter use, while ensuring a safe and healthy environment for all residents.
Key Points of the Ordinance:
- The ordinance does not ban camping on city property but establishes buffer zones where camping is prohibited. These zones include certain parks used for events and youth camps, areas near schools or daycares, within 100 feet of homes or business entrances, near shelter facilities, and beside the river.
- Overnight camping from 8 PM to 8 AM is permitted outside of these buffer zones on city-owned property.
- Individuals are required to clean up their camps and remove tents in the morning, but daytime use of parks remains allowed.
- The ordinance does not criminalize homelessness; enforcement measures are civil, not criminal.
- The ordinance encourages unsheltered individuals to use shelter facilities, which provide safer environments, bathrooms, trash containers, food services, medical care, and soon, secure storage for belongings.
- The mayor is directed to explore additional viable options and collaborate with community partners.
- An annual review is mandated to assess the ordinance’s effectiveness and necessary adjustments.
Missoula has already taken significant steps, establishing an Affordable Housing Trust Fund, opening the Johnson Street Shelter, and investing in the Homeless Outreach Team, the Mobile Support Team, the Poverello Center (POV), and various affordable housing projects. The city remains committed to these efforts and to forging new partnerships.
This issue affects all Missoula residents, and there is a pressing need for state representatives to acknowledge their responsibility and alleviate the burden on local taxpayers.
The ordinance seeks to balance compassion with practicality, optimizing existing resources, sharing public spaces, managing limited finances, and fostering progress for those living unsheltered.
Signed by:
Amber Sherrill, Council President; Mirtha Becerra, Council Vice President; Council Members Stacie Anderson, Sierra Farmer, Gwen Jones, Eric Melson, Mike Nugent, Jennifer Savage.