Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
Homeless encampments now illegal in Brockton and Lowell after cities ban outdoor camping
Tents in public spaces will be removed, and in Brockton, unhoused people could pay fines of $200 per day.
People experiencing homelessness will no longer be able to pitch their tents in public green spaces in Brockton and Lowell after city council votes Tuesday night.
The Brockton City Council passed a ban on camping on public property 7-4 Tuesday night. Lowell passed its ban on camping 10-1, allowing officials to remove tents if there is other shelter available.
Earlier this year, the Supreme Court gave cities the right to enforce bans on homeless people sleeping outside in public places. The 6-3 decision in June found that such bans don’t qualify as cruel and unusual punishment for homeless people who don’t have anywhere else to go. A ban on tents in public spaces has already passed in Fall River.
Advertisement:
Municipalities around Boston have been grappling with an increase in unhoused populations and encampments. The Lowell Sun reported on a 23 percent increase in the number of unhoused people late last year, while a Brockton official told councilors last month that there are up to 300 unhoused people in the city.
Brockton will fine $200 for camping
In Brockton, people who are camping on public property could be immediately removed if they are on a public sidewalk, road, lot, or alley, are on private property, or if they have “committed a crime under any local, state, or federal law,” according to the ordinance. All other encampments will receive a 24-hour notice, which includes information to find shelter or services, to leave the site.
Advertisement:
“Right now, our residents are fearful when they walk by an encampment on their way to work or on their way to school. Business owners have often told me that the encampment issue downtown is affecting their business,” said Ward 5 Brockton City Councilor Jeffrey Thompson. “This ordinance does not target a class of people. It targets unlawful behavior. And it will be enforced humanely and respectfully.”
Unhoused people who don’t adhere to the 24-hour notice will first be removed and “may be fined” $200 for the second and any subsequent offense, according to the Brockton ordinance.
Jean Bradley Derenoncourt, an at-large Brockton city councilor, was one of the four votes against the ordinance.
“No one is immune of being homeless. None of us, and there are multiple reasons why someone can become homeless,” Derenoncourt said. “Do not use the homeless people as a reason why people are feeling unsafe. That’s unacceptable, folks.”
The City Council also passed an ordinance 9-2 outlawing “loitering in public places,” which carries a $50 fine.
Lowell’s ban applies only when there is available shelter space
Lowell voted to outlaw camping on public property or in the public right-of-way “unless specifically authorized or during a Period When Shelter Is Unavailable,” which is defined in the ordinance as a time when there is no emergency shelter space available to unhoused people.
Advertisement:
The City is also required to offer shelter and transportation to a shelter to unhoused people who are removed as a result of the ban. The Lowell ordinance goes into effect next week.
“I’ve heard people come up here and they’ve mentioned shameful, cruel, inhumane, not compassionate. What I find to be not compassionate is thinking that it’s okay for people to sleep outside in a tent in the middle of February or March in New England.” said Lowell City Councilor Kimberly Scott.
According to Lowell’s ordinance, anyone who refuses to remove their campsite “shall be subject to penalties,” but no dollar amount was specified.
The Massachusetts Coalition for the Homeless called Brockton’s ban “the criminalization of homelessness.” They encouraged residents to pay attention to their local meetings and speak at public hearings.
“There is strong, consistent data that shows this approach does NOT end homelessness or lead to housing opportunities for our unhoused friends,” the coalition wrote on Instagram. “Investing in services, affordable housing, and the PEOPLE is what will prevent and end homelessness. This is punishing people experiencing homelessness for simply existing in public spaces.”
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com