Sunbathers catch some rays at Memorial Park in Lansdale on Tuesday, Sept. 12, 2023.
Borough officials are continuing talks on how to address the problem of homelessness in town, and eyeing court cases carefully on what the town can and can’t do.
Police chief Mike Trail gave an update on his department’s ongoing efforts, prompted by a question from former councilwoman Anne Henning Scheuring on behalf of others she’s heard asking the same questions.
"Don’t shoot me, I’m just the messenger — but for the parks, the ordinance says ‘Sunrise to sunset, you cannot be in there,'” she said.
"It also says ‘No standing or lying on benches or tables.’ So why can’t these people that are sleeping in our parks…be removed?” she said.
In July, borough Mayor Garry Herbert said he and borough staff were in talks with Montgomery County officials about "the growing volume of unhoused in Lansdale,” in the latest round of a conversation that’s been ongoing at the county level for the past two years.
Housing damaged in summer flooding in 2021, followed by the closure of a county homeless shelter in June 2022, led county officials to organize a task force of several dozen area officials, with Lansdale represented, to discuss the problem. Adjacent Upper Gwynedd has since debated a proposed project on Pennbrook Parkway that advocates say could include low-income housing for those who work in the area.
In September Trail said police have trained officers on how to handle such cases, and refer those they find in parks to local services whenever possible, and the chief gave another update this week, addressing why the town’s codebook — specifically, the section addressing park hours— may not be the best place to look.
"Currently, there is a Ninth Circuit case out of federal court in Oregon that has called into question the legality of those types of ordinances,” he said.
"The issue right now is, that case is working its way through the courts. Right now, it doesn’t have compelling authority in the state of Pennsylvania, but municipalities and cities have been very cognizant” of that case and its implications, Trail said.
That Oregon court case held that a similar local ordinance violated a prohibition on cruel and unusual punishment when those sleeping in public outdoor spaces were fined or jailed despite having no alternative, the chief told the committee.
"In a nutshell, it states that for municipalities to just arbitrarily remove the unhoused from public spaces, without the opportunity to provide them with an alternate, perhaps a homeless shelter — and we currently do not have a homeless shelter in Montgomery County — that is actually cruel and unusual punishment, in violation of the Eighth Amendment. So municipalities have kind of backed off,” he said.
Police have discussed that case, and best practices and policies along those lines, with the borough’s staff and solicitor as they work to find permanent solutions for those in need of a place to stay.
"I share the concern. And I share the concerns of the unhoused, because I’m sure they don’t want to be there,” Trail said.
Councilwoman Mary Fuller said she had recently gotten "several emails” from residents with similar concerns, and said she was closely watching similar talks on the topic in Norristown. Trail said his department continues to keep an eye on those cases, and to tread carefully and with respect for all involved.
"Make no mistake: one of the things police and chief do is protect the community from overt criminal acts. It’s also our job to protect the community from being sued, if we violate people’s constitutional rights,” he said.
Henning Scheuring added that she’s also heard similar concerns about persons living along the trails in Stony Creek Park, and Trail said his department have their eyes on there too.
"We are looking at it, we’re addressing it, and I appreciate you bringing it forward,” Trail said.
Lansdale’s borough council next meets at 7 p.m. on Oct. 18 and the public safety committee next meets at 6:30 p.m. on Nov. 1, both at the borough municipal building, 1 Vine Street. For more information visit www.Lansdale.org.
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