As Cranston continues to search for solutions to homeless encampments, the difficulty of handling them has become clear in the contrasting approaches of the mayor’s office and City Council – and now the health and safety problems that accompany the camps are headed for the new council’s agendas. 

With the measure nearing second and final reading, the mayor’s office recently withdrew from consideration an ordinance it drafted to guide the city’s approach to governing encampments. 

On Dec. 5, the City Council’s ordinance committee met to discuss, among other matters, an ordinance titled “Offenses Against Public Peace and Decency” that prohibits housing shelters of any type on city-owned property.  

Ahead of public comments in the meeting, Anthony Moretti, chief of staff in the mayor’s office, withdrew the proposed ordinance. 

The mayor’s office had brought the proposal to the City Council back in August to address growing public concerns about encampments around the city. 

Capt. Justin Dutra, the Police Department’s community outreach officer, says he deals with issues involving encampments at least once a week as complaints come in. 

In the months leading up to November’s election, encampments became a highly contentious issue among community advocates for homeless people, the state chapter of the American Civil Liberties Union, the mayor’s office and candidates for office. 

The City Council decided to continue discussion for three months to study the issue and possibly revise the ordinance.   

In response, Mayor Kenneth Hopkins issued an executive order giving the Police Department “immediate authority to enter onto any city-owned property” to inspect any encampments or housing and to coordinate with the city Department of Public Works to remove them – but not before contacting and cooperating with any social-service agencies necessary to provide at least temporary housing for any violator of the executive order.  

Council President Jessica Marino said that at that time, the administration, police and City Council agreed that the first ordinance proposed was a “no-go” because it included criminal penalties. The original Aug. 15 ordinance proposal said any violators would be fined $50 and issued no-trespass orders. 

A subcommittee was then formed specifically to continue the encampments discussion and find a compassionate approach.  

The subcommittee included Moretti, Marino, Councilman Richard Campopiano, Dutra, Fire Chief Robert Ryan, and a representative from the Comprehensive Community Action Program (CCAP), a nonprofit group of social-service advocates. 

Marino said the subcommittee met once  to discuss the status of encampments, the effect of the executive order and what type of ordinance would work to address the issue.   

Campopiano said everyone at the meeting was on the same page, agreeing that this was a difficult subject to deal with but recognizing the concerns these encampments bring. 

“I've been to these camps, I have witnessed needles everywhere, and we were told by Captain Dutra, just the slightest prick [of a needle holding the synthetic opioid fentany] and that could end your life,” Campopiano said. “So, it is extremely dangerous and extremely scary.” 

Moretti had presented the subcommittee with a draft of a revised ordinance. Marino said the council expected to discuss it.  

To Marino’s surprise, the mayor’s office pulled the proposed ordinance.   

“I don't know if anybody knew, other than the administration, that they were pulling the ordinance,” Marino said.  

Campopiano and Dutra said they were also surprised at the withdrawal.   

“I was a little surprised,” Campopiano said. “I don't know if it was because of the timing. I don't know what the reason was. I didn't have any conversations with anybody for the reasons why it was withdrawn.”  

Moretti said the reason for the withdrawal is that a new City Council session is set to begin in January, with new members being sworn in.  

“For this reason, the mayor feels that the members of the new council should have a voice in enacting this ordinance, as it will affect them for years to come while there is only one month remaining with the existing council,” Moretti said.   

Seeking ‘more supportive’ solutions 

Jennifer Barrera, chief strategy officer at the Rhode Island Coalition to End Homelessness, says the city must meet people experiencing homelessness where they are. 

She said the coalition commends Cranston for shelving the ordinance and “knows there are other more supportive and person-centered ways to address encampments and persons sleeping outside.” 

Campopiano says this issue will be at the forefront for the new council.  

 “I know other cities have already adopted certain legislation regarding it, namely West Warwick, and I'm sure other cities are going to be doing the same thing,” Campopiano said. “So yes, I think it will be addressed after the new year.”  

Many communities are grappling with how to contend with encampments. Recently, West Warwick, having delayed action for months, passed an ordinance banning people from camping on public property.  

Barrera says criminalizing encampments is not a solution. 

“The practice of banning people who have nowhere else to go and or imposing fine[s] or arresting them for violating local ordinances is what we call criminalization of homelessness,” she said. 

Campopiano said encampments have been one of the most difficult issues he’s had to deal with on the council. 

He empathizes with the people in these encampments and has visited some with Dutra, but he also recognizes the need to address the growing issues.  

There is no one size fits all solution to homelessness, and many of the issues this community faces will not be solved with one measure, Dutra explains. He says the main issues with encampments are the health concerns and safety issues they pose. 

Police see the concrete impacts 

“It’s not necessarily the people themselves, it’s the condition in which they leave the property in the area, and what they do to the area with the trash, feces, needles, open fires and propane tanks,” Dutra said.  

When the encampments are cleaned, hazmat companies are called in to do it, he said. Skid-steer loaders and other equipment is used to scoop out trash, rotted food, human waste and other debris. 

“Police respond to complaints of homeless encampments as is warranted due to overall health and wellbeing of those in the encampments and for the greater population as consistent with the city’s overall concern of public health and safety,” Moretti said. 

Dutra also said there are open sex acts, open drug use, fights and other illegally activity that happens at these encampments, causing public concern to grow.  

“The encampments themselves are a health hazard and a danger a lot of times, more than the people within the encampment,” he said. 

Other major issues that often accompany encampments is substance abuse and the unwillingness of some occupants to accept the help of social-service agencies.   

Dutra said it’s common in homeless communities it’s common for people to be suffering from mental-health issues that they self-treat with drugs and alcohol.  

“This is a tough situation. Almost 100% of the time, the people that I encounter along with my clinicians don’t have any interest in going into the shelters,” Dutra said. “Again, it’s the drug use. So, you can’t enter a shelter if you’re under the influence of drugs.  

Shelters for the unhoused are usually privately owned and are considered private property, so they can check bags and check people for drugs, alcohol and drug paraphernalia.  

“You’re talking about people that have huge addiction problems, and its fentanyl. Ninety-nine percent of them are addicted to fentanyl and alcohol. That’s what’s happening.”  

Ryan, the fire chief, said the situation is getting worse each year and up sharply this year, with homelessness growing 35% to 40%. 

 “The police do a great job going out there and give (occupants) information, trying to get them in shelters,” Ryan said. “A lot of them don't want to leave. A lot of them like to stay by themselves. They don't want to be in shelters. They don't want to be around people. They're afraid their stuff's going to get stolen.” 

Where from here? 

In carrying out the executive order, Dutra and others in the department follow a flexible timeline of giving people at these encampments at least a week to figure out where they’re going. He said the executive order has helped solidify a response to the encampments on city property. 

“This is not an adversarial role between us and the homeless population,” Dutra said. “It’s always been a negotiation of sorts and a process to get them to move on to address the concerns of neighbors and businesses and health and safety issues.” 

The executive order does not impose any fines, and it factors in the involvement of social-service agencies before any eviction occurs. If an individual refuses the offered assistance, their place in the encampment is removed by DPW, and they’re issued a no-trespass warning. 

“Unfortunately, if a person refuses services or shelter, there is little else that can be done to assist a person who refuses offered assistance,” Moretti said. 

Dutra said it is a process to remove an encampment from city property. He heads out to these settlements with a clinician, who is embedded in the department through a grant and is trained in mental health and substance abuse, to establish contact with the person living there. As early as 4 a.m. and as late as 11 p.m., he is checking to contact the owner.   

Leaving ‘resource packages’ when nobody’s there 

If contact is not established, a resource package is left with contact information of the clinicians and all kinds of social-services agencies, and a copy of the executive order.  

“The Police Department makes every effort to give persons ample opportunity for services with the assistance of CCAP representatives, including personal bags for belongings and shelter options,” Moretti said. 

So far, Dutra said, police have had to deal with only three encampments on city property. Dutra had attempted contact numerous times and was unable to reach the occupants. After leaving a resource package, he returned after at least a week had passed and, upon his return, the three camps vacated on their own without any further action from police.  

Dutra has also removed at least six to eight encampments on private property, at the request of the property owners.  

But lately, he has been overwhelmed with complaints about encampments on state property, where city police have no authority.  

“We’ve gone to the state on numerous occasions,” Dutra said. The state has pretty much a hands-off policy.”  

Dutra said there are now more encampments on state property than city property. And with state’s lack of response to the issue, police are unable to address the complaints that come in about it.  

As for what can happen in Cranston, for now the ordinance has been withdrawn, and it will be back onthe drawing board for the upcoming City Council in the new year.   

Barrera says all of the issues arising with encampments make clear the need for more affordable housing. 

“I wish that the folks would spend time planning for more housing to be developed in these communities, planning for more resources and services to be delivered,” Barrera said. “The solution to homelessness is housing.” 

Barrera said that about 667 people reported having spent at least one night outside in the previous two weeks, according to data from the coalition released last month. In the same report, she noted that there are about 1,464 emergency beds available. In January, the count had come to more than 2,000 emergency beds available. Since then, they have lost over 600 beds. 

'Most of them are not ready’ 

 Dutra says there is no perfect answer and that he believes that there is a need for more housing but also says there are also two underlying issues that go well beyond the supply of shelter. 

“This population, most of them are not ready,” Dutra said. “I truly think until you can address the addiction issues and the mental-health issues and the encampments, you may get a couple here and there into housing, but you're never getting these people out of these encampments, wherever they may be.” 

 Barrera sees the role of the resident as imperative to helping neighbors experiencing homelessness and urges individuals to work in their community to address it. 

 “Every single resident of Rhode Island should be talking with their local government and their state government to make sure that there are person-centered policies or legislation, and funding available that focuses on addressing the homeless [and] the housing crisis,” Barrera said.  

The new City Council will be sworn in on Jan. 6.