Iowa House and Senate split on bill prohibiting unauthorized camping on public property

DES MOINES — Legislation in the Iowa House and Senate would prohibit unauthorized camping on public lands, a move advocates for people experiencing homelessness argue would “criminalize homelessness.”

On Wednesday, judiciary committees in both the House and Senate considered legislation that would establish a misdemeanor charge for individuals who refuse to leave after a warning when sleeping or camping on public land without authorization.

Individuals who refuse to leave after receiving a warning and an offer for shelter or services would face a misdemeanor punishable by up to 30 days in jail and a fine of $105 to $855.

While House Study Bill 286 advanced out of subcommittee, Senate Study Bill 1195 was halted after Democratic Sen. Janice Weiner of Iowa City and Republican Dave Sires of Cedar Falls declined to sign on for its advancement.

Sires said he had multiple issues with the legislation, including the fines that would accompany violations of the law.

“We've got to think of something else,” Sires said. “This is not fair to people, whether they're down on their luck or they're having a problem. I know that sounds crazy coming from a conservative Republican.”

Weiner pleaded with other committee members not to advance the legislation, saying it needs to be reworked to include more voices from multiple communities that have stakes in the issue.

“It is not an Iowa bill or an Iowa solution,” Weiner said. “It is an outside bill that has been parachuted in here. If we want an Iowa solution, we can convene a group of all stakeholders in the intersession, including people who have experienced homelessness, and sit down and look at solutions, because they exist.”

On the other side of the Capitol building, the other bill made its way through a House judiciary subcommittee where both Republican members signed on to advance it, including Rep. Steve Holt, chairman of the House Judiciary Committee.

“There was no intention to criminalize homelessness or anything of the kind, but rather to try to create a scenario in which people would be better cared for and be given more opportunities to be in shelters,” Holt said.

Republican Rep. Judd Lawler, of Tiffin, joined Holt in advancing the bill while Rep. Lindsay James, a Democrat from Dubuque, opposed it.

Advocates speak against bill

Advocates for people experiencing homelessness decried the bill as an attempt to “criminalize homelessness” that would exacerbate difficult conditions unsheltered Iowans already face as the price of living continues to rise.

“People do not choose to be homeless, that is a baseless myth used to further disenfranchise vulnerable people,” Cynthia Latcham, president of Anawim Housing, said during the Senate subcommittee. “They are the victims of inadequate systems of care, childhood trauma and poverty, but most importantly, they are vulnerable people who have been excluded from a competitive housing market when there is not sufficient housing within a community.”

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Multiple people who work for organizations that provide services to Iowans experiencing homelessness said lawmakers should be focusing on providing more pathways to affordable housing instead.

“What is needed is Iowa’s stronger investment in housing and services that support people getting help they need to live stable lives,” Angie Arthur, executive director of Polk County homelessness advocacy group Homeward, said during the Senate subcommittee. “Expanding services by increasing access to deeply affordable housing and better connect people to behavioral health systems is crucial.”

Adonis Ariti, 19, of West Des Moines, experienced homelessness when he was in high school. He said the legislation would only make things harder for Iowans who are unsheltered.

"To make homelessness and camping on public property illegal is going to hurt a lot more people than you think it's going to help," Ariti said during the Senate subcommittee.

Bill follows similar laws in other states, cities

Dennis Tibben, representing Cicero Action — a Texas-based think tank founded by tech billionaire Joe Lonsdale that has advocated for similar legislation in other states — said the bill would create consistency around homelessness policies and help create pathways to “self sufficiency.” Cicero Action and Americans For Prosperity were the only groups registered in support of the legislation online.

“This is not intended to criminalize homelessness,” Tibben said. “The goal here is to move folks off the street and connect them with shelters and other supportive services.”

Tibben noted that other states including Georgia, Oklahoma, Florida, Kentucky, Utah and Tennessee, as well as 150 cities in 32 states — including Des Moines — have similar policies.

The Des Moines City Council passed an ordinance in September following the June U.S. Supreme Court ruling in Grants Pass v. Johnson which allows local government ordinances with civil and criminal penalties for camping on public land. Des Moines’ ordinance, which went into effect in February, prohibits sleeping or camping in public on public land.

But Des Moines City Manager Scott Sanders said the city’s ordinance is more effective in addressing homelessness and provides more opportunities for prevention and rehabilitation compared to the proposed legislation.

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“This bill, though, is penalty driven to enforce compliance, and there's really a lack of the preventive side and the measures and service levels that could be helpful,” Sanders said during the Senate subcommittee.

Des Moines’ ordinance bans camping on public property and decreases the number of days before tents must be removed from public land from 10 to three. An individual convicted under the ordinance may be fined $15. It also includes provisions that deal with preventive measures.

Cities could designate sites for camping by unhoused people

Both bills in the Iowa Legislature would allow cities and counties to use public funds to establish sites on designated areas of public property to be used for public camping by people experiencing homelessness.

The designated areas would be required to include safety and security measures; sanitization measures, including clean and running water; a restroom; a shower and access to treatment for substance use disorders and mental health. Names of the residents staying in the area would have to be recorded and alcohol and controlled substance use would be prohibited.

The bills would also create “drug-free homeless service zones,” which would charge facilities providing services and shelter to individuals experiencing homelessness with an aggravated misdemeanor if individuals using their services possess or use a controlled substance on the premises. A facility that violates this requirement would be fined $855 up to $8,540.

Similar legislation was proposed last year, but it failed to meet the legislative deadline to advance out of committee.