As Des Moines grapples with proposed homelessness ordinances, the debate is heating up, and it's crucial to stay informed about every development.
The Amner Martinez podcast latest episode dives deep into the intricacies of these new regulations, offering a comprehensive overview of the situation with lawyer Ben Lynch and community activist Tim Nelson.
A special thank you to Ben Lynch for his invaluable contribution. His detailed breakdown and insights have been instrumental in helping us navigate this complex topic with clarity and depth.
The Proposed Ordinances
Ordinance on Prohibited Camping:
● Outlaws camping on public sidewalks, streets, alleys, doorways or public right of way.
● Anyone found camping would be issued a $50 fine and a simple misdemeanor.
○ Initial proposal listed this as a $120 fine, but it was changed to $50 at the first reading on 7/22
○ It has been indicated that the fine will be dropped to $15 at the final reading on 9/16
● Council members Coleman and Westergaard were insistent that this was not criminalization of homeless people, but during the meeting it was revealed that anyone who refused to remove their campsite would be arrested by DMPD and taken to Polk County Jail.
Ordinance on Abandoned Property and Encroachments
● Shortens the amount of notice that the city gives prior to destroying campsites from 10 days to 3 days. Neither council members nor city staff could provide any real reason why they want to make this change.
● Requires the city to store items they remove from camps for up to 30 days. City staff do not have a plan for where these items would be stored or how people could retrieve their items.
Timeline
● 6/28/24: Grant's Pass Supreme Court decision
● 7/18/24: Ordinances announced via city council agenda
● 7/22/24: City Council 7:30am work session; first reading and vote (only Mandelbaum and Simonson voted against). If the ordinances had received 6 “yes” votes, they would have passed without requiring a second or third reading
○ Council passes a non-binding resolution giving a number of “directives” to City Manager Scott Sanders
● 8/5/24: City Council meeting; second reading and vote (only Mandelbaum voted against)
○ Polk County Attorney Kimberly Graham speaks against the ordinances
○ Scott Sanders presents on the “directives,” which are in-progress. He indicates that if/when the ordinances pass, he will consider the directives complete (aka only ‘making progress’ until the law is changed)
● 8/12/24: Jamie Nicolino starts petition against the ordinances; receives over 2,500 signatures and delivers to City Council during 8/19 meeting
● 8/14/24: Community townhall on homelessness held at DMACC
● 8/14/24: City manager announces that the third reading and vote will be postponed until the 9/16/24 City Council meeting
○ This was presumably done due to public outcry against the ordinances
● 8/19/24: Scheduled third reading (postponed)
● 8/27/24: Meeting of Polk County Homeless Coordinating Council
○ Chris Coleman and Joe Gatto sit on this advisory board that has no budget or directive
● 9/16/24: Regular City Council meeting; scheduled third reading and vote
○ Agenda for this meeting will be released on 9/12
Current status of homelessness in DSM
● When someone becomes homeless, they are directed to Primary Healthcare’s Central Intake
○ From here, depending on the person (male/female) (individual/family) they are directed to one of the local service providers
○ Central Iowa Shelters and Services (CISS) is the primary service provider and the only publicly-funded shelter in Polk County
■ Many people have shared that they do not feel comfortable at CISS for a variety of reasons that include:
● “One step above a prison”
● Must be sober
● Cannot bring pets
● Limit on items that can be brought in
● Restriction on phone use/some have said their phones were taken away
● Their abuser/assaulter is already at CISS
● Limit on how long you can stay at CISS
○ There are other shelters and service providers that operate
How many people are homeless in Des Moines?
● The homeless population is counted twice per year during a point-in-time (PIT) count
○ Total # of homeless people counted:
■ Winter 2023: 644 people
■ Summer 2023: 633 people
■ Winter 2024: 715 people
■ Summer 2024: 729 people - a 15% increase from last summer
○ Age breakdown:
■ 88 people (12%) under 18 years old
■ 54 people (7%) ages 18-24
■ 126 people (17%) ages 25-34
■ 173 people (24%) ages 35-44 - largest age group
■ 129 people (18%) ages 45-54
■ 123 people (17%) ages 55-64
■ 36 people (5%) ages 65+
○ Last reported addresses:
■ 78.1% of homeless individuals reported their last address as in Polk County
● This directly refutes a claim made by Mayor Connie Boesen during the August 5th City Council meeting. “We’re taking on many people that aren’t from Des Moines. They’re bringing them from Waterloo, they’re bringing them from Osceola, they’re bringing them around and dropping them at our shelter. So therefore we have a greater burden…”
■ 16.7% reported their last address as elsewhere in Iowa
■ 5.2% reported their last address as outside of Iowa
What are people saying about this?
● 7/20/24: Open letter from ACLU to City Council
● 8/5/24: Polk County Attorney Kimberly Graham speaks against the ordinances at City Council meeting
● 8/5/24: Des Moines Peoples’ Townhall organization reports via Twitter: “while pushing criminalization of homelessness, Des Moines has been bragging about their new housing. In reality, they've failed their US HUD "CAPER" Housing goals multiple times.”
○ CAPER - Consolidated Annual Performance and Evaluation Report
● 8/11/24: Letter published by the Register editorial board against the ordinances
● 8/12/24: Open letter published by 12 local clergy against the ordinances
Separate but related: the urban garden collective Woodland Realm faced action from the Planning and Zoning board after the city received a complaint that the space “looked like a homeless camp.” The group has since made progress towards re-opening
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