Wheeling Suspends Public Camping Ban

The city of Wheeling has agreed to temporarily suspend its urban camping ban. 

The city of Wheeling has agreed to temporarily suspend its urban camping ban. 

The ordinance bans camping on public property in the city, punishable by a fine of up to $500. City workers cleared an encampment behind the Nelson Jordan Center last week.

The city agreed to exempt a camping site at a leased parking lot near the Catholic Charities Neighborhood Center. Catholic Charities, along with other homeless agency partners, are developing rules for this temporary exemption. It is anticipated that this area will begin immediately. The city said it is a temporary location subject to further discussions with Catholic Charities. 

The city will also temporarily pause enforcement of the ordinance to give people time to move their belongings to the exempted site.  

The American Civil Liberties Union of West Virginia dismissed their suit against the city of Wheeling after the exemption was announced. The suit has asked for an injunction as well as declaratory relief finding that the ban and forced removals are an unconstitutional practice.

In a press release, ACLU West Virginia Legal Director Aubrey Sparks said she and others “hope the city will work with service providers and advocates on solutions that are not just constitutional, but also humane, practical and compassionate.”

First Encampment Cleared Under Wheeling Public Camping Ban

The City of Wheeling has cleared its first urban campsite under a new ordinance that went into effect earlier this month. 

The City of Wheeling has cleared its first urban campsite under a new ordinance that went into effect earlier this month. 

Exemptions to Wheeling’s new public camping ban were discussed at Tuesday’s city council meeting, but there was no exemption for one encampment of unhoused people.

Thursday morning, around seven people camping behind the Nelson Jordan Center were given a two-hour notice to vacate the premises.

Dr. William Mercer provides medical services to Wheeling citizens experiencing homelessness with Project Hope. He was present for the city’s clearing.

“They had two bulldozers, two big trucks, 10 city employees and police,” he said.

Despite the city giving notice of the intent to clear the camp last week, Mercer said the clearing caught the community unaware.

“One guy…was at work this morning,” he said. “His friend Terry had to go get him from work and bring him back so he could start packing his stuff up in bags.”

It was unclear where the displaced will spend the night. 

“I think they were going to be able to maybe try to stay with somebody tonight and store some of their stuff in a friend’s garage,” Mercer said. “They didn’t have a whole lot.”

Wheeling is under a winter weather advisory, and Gov. Jim Justice has declared a state of emergency ahead of a storm Friday.

Citing pending litigation, a representative for the Wheeling city manager declined to comment.

The American Civil Liberties Union of West Virginia filed suit against the city in the Northern District of West Virginia Tuesday evening, Jan. 16. They are seeking an injunction against the camping ban ordinance, as well as declaratory relief, asking the court to find that the ban and forced removals are an unconstitutional practice.

Thursday morning ACLU WV filed an emergency request for a temporary restraining order against the City of Wheeling to stop the city from bulldozing tent encampments belonging to unhoused people. No such order was granted before the city took action.

In a press release, ACLU-WV Legal Director Aubrey Sparks called Wheeling “a bad-faith actor.”  

“The city ignored requests to talk about exemptions to the habitation ban for months, created a new process out of thin air this week, and then destroyed people’s shelters anyway,” she said.

Camping Ban In Wheeling And State Lawmakers Talk DHHR Restructuring, This West Virginia Morning

On this West Virginia Morning, a new camping ban went into effect in Wheeling this month. But as Chris Schulz reports, advocates for the unhoused community are pushing back. 

On this West Virginia Morning, a new camping ban went into effect in Wheeling this month. But as Chris Schulz reports, advocates for the unhoused community are pushing back. 

Also, in this show, in our latest episode of The Legislature Today, Emily Rice sat down with Del. Amy Summers, R-Taylor, and Sen. Charles Trump, R-Morgan, to discuss why the Department of Health and Human Resources (DHHR) was broken up into three separate agencies and how it is going.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Eric Douglas produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

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