New Supreme Court ruling allows for ban on homeless from sleeping outside

BURLINGTON, Vt. (WCAX) – According to the Point in Time survey, an annual count on unsheltered people, an estimated 3,500 people are homeless on any given night in Vermont. With many camping in tents. Today’s ruling says communities can limit where that camping takes place.

“We’re just trying to be human beings just like everybody else,” Alex Olsen said.

Olsen has been in and out of homeless in Burlington for several years. Olsen spoke with Channel 3 News Friday about the U.S. Supreme Court ruling upholding a municipal ordinance in a small town in Oregon that bans homeless encampments in public spaces.

“Why is this a problem? We don’t bother anybody,” Olsen said. “There’s quite a handful of us out here that are actually very good people.”

The city of Burlington has its own policy limiting camping in public spaces and has cleared out encampments found in violation, like this one on Sears Lane in 2021.

Burlington’s policy was part of a settlement with the American Civil Liberties Union (ACLU) and does allow for camping on certain public lands as long as health and safety standards are maintained.

Legal expert Jared Carter says the Supreme Court ruling theoretically allows Burlington to be even tougher on camping.

“Simply the idea in my mind that cities like Burlington are going to go in and start arresting people just doesn’t make sense from a policy perspective,” Carter said. “But yes, there’s now nothing to prevent cities like Burlington or other communities from taking a much more aggressive stance.”

The city is currently support a large encampment on the waterfront and the city’s special assistant to end homelessness Sarah Russell says the ruling, “Will not impact the (city’s) approach to supporting people who are forced to live unsheltered due to lack of emergency shelter capacity.”

Russell and other homeless advocates say efforts should be focused on expanding shelter capacity and affordable housing.

“Criminalizing homelessness actually has the reverse effect, pushing people further into cycles of poverty,” Frank Knaack, Executive Director for the Housing and Homelessness Alliance of Vermont said. “The research is crystal clear. It’s investing in affordable housing, it’s investing in supportive services. Providing people with the tools they need to exit homelessness.”

The Burlington Mayor’s office is not only allowing a homeless camp off the bike path north of Waterfront Park, but has provided things like trash cans, fresh water and portable bathrooms. The mayor has said it’s not a long-term solution, but about providing some basic level of dignity to people sleeping on public lands.