City must coordinate with homeless groups, give notice before dismantling homeless camps, federal judge rules
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WHEELING — The city of Wheeling must give a minimum two weeks notice — and also must work with local homeless groups to minimize disruption — before dismantling any homeless encampments, U.S. District Judge John Bailey ruled Wednesday.
During a hearing at the federal courthouse in Wheeling, city leaders and attorneys representing the West Virginia chapter of the ACLU met with Bailey to determine how to move forward after the city moved a few weeks back to remove what police Chief Shawn Schwertfeger saw as a criminal element from the encampments. The city said there also were drug issues taking place in the camp along with reported assaults.
After hearing both arguments, Bailey ruled the following:
— “The City of Wheeling shall post notices of its intended action at any encampment to be removed in such places as are most likely to be seen and read by the inhabitants thereof;
— Such notices must be posted at least two (2) weeks prior to the intended action;
— The City of Wheeling must provide at least two (2) weeks written notice to the Greater Wheeling Coalition for the Homeless, Project Hope, and any other group or
agency which requests to be included in such notifications.
— On the day upon which crews show up to dismantle an encampment, the crews must, upon request, give any inhabitants present a period of two hours in which to
remove their personal property.
Bailey said the city, if it dismantles a camp, also must give its inhabitants two hours to remove personal belongings.