Fort Smith Board rejects ordinance that would have banned homeless camps

The Fort Smith Board of Directors on Tuesday (Dec. 17) rejected a proposed ordinance to address homelessness that in some ways mirrors a Grants Pass, Ore., ordinance that survived a U.S. Supreme Court test.

The 4-3 vote against the plan – which was crafted in part to address concerns by people who live and work in downtown Fort Smith – came after the board received pushback from several citizens who said the plan is too onerous on those who are homeless because of mental illness, drug abuse, and other issues.

A June 28, 2024, majority opinion from the nation’s highest court said the Grants Pass ordinance did not violate the Eighth Amendment that prohibits the government from subjecting individuals to “cruel and unusual” punishment.

Following are some details from the four-page proposed Fort Smith ordinance.
• No person may occupy a campsite on city property that does not meet existing city code.
• No person may sleep on sidewalks, alleyways and in doorways.
• Items of personal property having no apparent utility or monetary value and items in an unsanitary condition may be discarded.
• Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Fort Smith Police Department until an alternate disposition is determined.
• Violators will be charged with a misdemeanor.

Shawn Gard, director of the city’s Neighborhood Services, said he understands the need to address homelessness with compassion and in a way that doesn’t push the homeless into a punitive judicial system, but he also deals often with downtown business owners who have to deal with drug paraphernalia, human feces, and other problems caused by homeless persons in the area.

Director André Good said many downtown Fort Smith business owners and residents who live downtown have repeatedly asked the city to be more aggressive in addressing homelessness.

Several speakers encouraged the board to reject the proposal and focus more on how to help rather than penalize the homeless. Sharon Chapman, director of the Next Step Day Room, said the ordinance does not address the source of homelessness. She also said the city budget has money for animal shelters and other animal services, but has no money budgeted to help groups that work to provide homeless services, including efforts to reduce homelessness.

Fort Smith Police Chief Danny Baker said he has concerns with any ordinance that requires the police officers to physically relocate homeless, but was not going to express a position for or against the proposed ordinance, but said “legislation” will never fully address the issue of homelessness.