Clarkston officials to proceed cautiously on homeless laws

Clarkston officials were advised to be cautious and protective of everyone’s rights as they navigate the changing landscape of homeless laws.

At Monday night’s council meeting, interim City Attorney Todd Richardson outlined several cases that could affect the city’s reaction to recent higher court rulings, emphasizing the need to take it slow.

“Right now, the law is directing what we have to do, and sometimes the law isn’t clear,” Richardson told leaders and about 40 residents in the audience.

If the city rushes forward with any major changes on how the Foster Park situation is being handled, it could trip some legal landmines that would put the budget and Clarkston’s liability insurance in peril, Richardson said. Losing expensive lawsuits could gut departments and reduce services at the expense of taxpayers.

“I’ve instructed the council not to move forward right now,” the attorney said. “If you want to be mad at someone, be mad at me.”

The recent Grants Pass, Ore., ruling by the U.S. Supreme Court determined that laws preventing the homeless from camping on public property are not cruel and unusual punishment. However, Richardson said it will take several weeks to learn what that means for cities such as Clarkston.

A lawsuit filed against the city last spring by four homeless individuals and the Elves for the Homeless is still pending. Last week, a federal judge denied the plaintiffs’ request for a temporary restraining order and preliminary injunction, which was a good sign, but not a clear win, Richardson said.

Several other claims in the lawsuit are still up in the air and must be litigated carefully. The city is being represented by attorney Ken Harper, and “he’s very good,” but it isn’t a slam dunk, Richardson said.

The plaintiffs, who are represented by attorney John Wolff of the Northwest Justice Project, are seeking damages and attorney fees. No one from the group spoke at the meeting.

The situation at Foster Park isn’t working for anyone, Richardson said. Homeless people can camp there from 9 p.m. to 7 a.m., and then the park is cleared until noon. Neighbors have filed numerous reports about alleged criminal activities and ordinance violations, and the police are monitoring the park as closely as possible.

“It’s not perfect, but it’s what we have now,” Richardson said.

Councilor David Vinton agreed with the attorney’s advice, saying it would be unwise to make any hasty decisions. “Let’s not make anyone millionaires with our tax dollars,” he said.

For months, residents have attended council meetings to talk about the controversial issue. The majority ask for the city to restore Foster Park as a safe place where children can visit. Several speakers have expressed their gratitude to the council and police for the work they’ve put into the homeless issue.

A Clarkston woman provided a list of services, housing resources and rehabilitation centers in the region, saying help is available for those that want it. “We care,” she said. “We want them to have homes and be happy, but it starts with them.”

David Walk, a Clarkston filmmaker, spoke about a recent success story at the park involving a man who completed rehab. The man’s message was that in order to change, you have to be uncomfortable.

Former city official Melyssa Andrews said she doesn’t envy the council and the decisions ahead. She said enabling the unhoused is not helping them. Many are voluntary or career homeless people, with a few exceptions.

Councilor Skate Pierce said he understands the frustration and appreciates the community’s patience and comments as the city works through this.

“It’s exhausting,” he said. “What we have now is a police-run, no-barrier shelter.”

Councilor Russ Evans said the council wants the parks back as much as anyone, but officials don’t want to make problems worse by making rash decisions. “We will take the time to do it right,” he said.

A 35-minute executive session was conducted prior to the regular meeting, which began at about 7:40 p.m. A video of Richardson’s presentation is available on the Tribune’s Facebook page.

Sandaine can be reached at kerris@lmtribune.com. You can follow her on X @newsfromkerri.