NorthwestNovember 8, 2023

City closes Arnold Park for ‘annual winterization,’ though homeless person says group’s civil rights have been violated

A large banner lays out on the ground as Dylan “Montana” Evenson talks with Zack Krieger, with the Recovery Navigator Program, about what they need for their new camp behind Walmart Tuesday in Clarkston.
A large banner lays out on the ground as Dylan “Montana” Evenson talks with Zack Krieger, with the Recovery Navigator Program, about what they need for their new camp behind Walmart Tuesday in Clarkston.August Frank/Tribune
John Parke, or “Cowboy” as he’s known to the homeless community, hugs Dylan “Montana” Evenson at their new camp behind Walmart Tuesday in Clarkston.
John Parke, or “Cowboy” as he’s known to the homeless community, hugs Dylan “Montana” Evenson at their new camp behind Walmart Tuesday in Clarkston.August Frank/Tribune
A no trespassing sign sits outside Arnold Park Tuesday in Clarkston. Homeless people staying at the park were told to leave the park and go to a space behind Walmart earlier in the day.
A no trespassing sign sits outside Arnold Park Tuesday in Clarkston. Homeless people staying at the park were told to leave the park and go to a space behind Walmart earlier in the day.August Frank/Tribune
Dylan “Montana” Evenson, left, and Scott Darrington move a trailer at their new camp behind Walmart Tuesday in Clarkston.
Dylan “Montana” Evenson, left, and Scott Darrington move a trailer at their new camp behind Walmart Tuesday in Clarkston.August Frank/Tribune
A man with the Recovery Navigator Program helps set up shelters at a new homeless camp behind Walmart Tuesday in Clarkston.
A man with the Recovery Navigator Program helps set up shelters at a new homeless camp behind Walmart Tuesday in Clarkston.August Frank/Tribune
Scott Darrington writes out a list of what they need heading into winter Tuesday in Clarkston.
Scott Darrington writes out a list of what they need heading into winter Tuesday in Clarkston.August Frank/Tribune

A chunk of right of way owned by the city of Clarkston near Walmart is the latest spot being used by a group of homeless people who had been camping at Arnold Park.

Officials said the city of Clarkston has no plans to interfere with the group staying at the new location, which encompasses about a half-acre at the end of 10th Street in the port area.

“The city is working on a long-term solution for our parks,” Mayor Monika Lawrence said in a statement. “Due to the maintenance and annual winterization projects, we have temporarily closed some parks so that our employees can have unrestricted access to perform the duties required by these projects.”

Arnold Park was posted with “no trespassing” signs early Tuesday morning, and the campers were informed about the city’s vacant property near Walmart. It is the second city park that’s been closed indefinitely, following the closure of Foster Park on Oct. 30.

Clarkston police and the staff from the Recovery Navigator Program assisted with the move, which went “pretty smoothly,”said Lindsey Cannard, program manager.

“This is huge,” Cannard said as the group set up camp and organized their belongings. “Even though it’s stressful for folks to move, having a place to go is really important.”

Scott Darrington, a 46-year-old homeless man, said he’s “playing it by ear” at this point. The city has forced him and his homeless friends out of Foster Park and Arnold Park, Darrington said, and he doesn’t really buy the “winterization” reasons provided.

“I think our civil rights have been violated,” Darrington said. “If we could find a civil attorney that’s not afraid to take on the city, we’d probably have a good case against Clarkston and the county of Asotin.”

Clarkston city attorney Todd Richardson said homeless advocates often cite the Martin v. Boise 9th Circuit Court case to suggest the city can’t stop people from camping in parks, but they likely haven’t studied it in depth.

“The city of Clarkston is very careful to follow the law,” Richardson said in an email to the Tribune. “We have no obligation to open our parks to camping. And there is certainly no prohibition against closing parks for maintenance, care and preservation.”

The Martin case prohibits criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter, and no shelters are located in the Lewiston-Clarkston Valley.

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“That same case made it clear that a city is not required to provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie or sleep on the streets at any time and at any place,” Richardson said. “Further, there is nothing in any case that says the city must keep all public property open for camping by those who want to do so.”

According to the city attorney, Clarkston will “continue to follow the law,” and its duty to maintain parks.

“We have very little public land, but we must protect it and care for it,” Richardson said. “It is not up to Clarkston, alone, to allow the homeless a place to sleep.”

On social media, many residents who live near Arnold Park expressed relief about the homeless campers leaving their neighborhood. Others are upset the parks have been closed to the public.

One of the women staying at Arnold Park reportedly walked inside three occupied houses along Maple and Poplar streets last week. She was arrested Friday and is now facing misdemeanor charges in District Court. In addition, police fielded multiple complaints about vandalism, vagrancy, noise and malicious mischief.

Darrington, who has been homeless for about 16 years, said law enforcement officers were more helpful with the latest move than they’ve been in the past. Several other people at the camp said they’re grateful to have a place to stay. The site is off main roads, temporarily fenced, and not close to any elementary schools. It’s also close to private property that is being sought by Catholic Charities for low-income family housing, but that project has been delayed by the city.

Some tents, cots, heaters and other provisions have been provided by the nonprofit recovery navigators, based out of Quality Behavioral Health, and other groups and individuals.

However, finding public restrooms is an ongoing issue, the campers said. Most people are now going next door to Walmart, the Nom Nom on Bridge Street, the port area or bathrooms near a boat launch or Swallows Park on federal property.

Darrington said they’re settling into their new surroundings and trying to stay warm and dry. Lack of affordable housing and mental health conditions that often trigger addictions are constant obstacles for the homeless population, he said.

As for the people who yell at them to get jobs or get out of town, Darrington said he would like them to consider the Golden Rule and offer some compassion.

“The Bible says do not cast judgment on another until you’ve walked a mile in their shoes,” Darrington said. “That’s all we’re asking for. No judgment.”

Sandaine can be reached at kerris@lmtribune.com.

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