Advocates for Homeless in Wheeling View Camping Ban Exemption as Big Step in Right Direction

WHEELING - The property that the city of Wheeling is temporarily exempting from its new camping ban to accommodate homeless individuals has its benefits and its drawbacks, according to Catholic Charities of West Virginia President and CEO Mark Phillips.

But the city administration’s willingness to grant the exemption is a good step forward toward collaborative solutions, he said.

"We were under the assumption that this property was not available," Phillips said of the vacant lot under the W.Va. 2/U.S. 250 overpass in East Wheeling that has been offered for an exemption to the city’s new camping ban on public property. "We had requested exemptions for a number of sites, but were turned down."

However, Phillips said that during a meeting Friday with City Manager Robert Herron, the city manager actually suggested the lot, which is directly across the street from the Catholic Charities Neighborhood Center in East Wheeling. Phillips noted that a large homeless encampment that had operated for months in a lot just west of the proposed site had been dismantled at the request of the state - which owns the property. The fenced-off site was cleared, and "No Trespassing" signs were posted throughout the area.

According to the city’s announcement late Friday that the East Wheeling site had been selected for the exemption, this particular site is a "leased parking lot."

With the implementation of the city’s new camping ban, agencies that serve the homeless had been scrambling to find a place for unhoused individuals who have been living in encampments throughout town. One large encampment on the wooded hillside above the Nelson Jordan Center was being cleaned up late last week - despite repeated protests from homeless advocates - after a two-week notice had been issued during the first week of the year to inform occupants about the new camping ban and to let people there know that they had to vacate the site and remove their personal property.

Wheeling’s new camping ban allows for a managed camp to be exempt from the new ordinance, upon authorization from the city manager’s office. However, a site has yet to be selected for the managed camp. Rules and regulations regarding a managed camp are reportedly still being hammered out, and details about what entity will operate the camp and how it will be funded are still unclear.

Phillips on Monday indicated that local agencies and the city are continuing the dialogue toward establishing a managed camp. In the meantime, many individuals staying and keeping their personal property on public property in homeless encampments throughout town are expected to relocate to the exempted site in East Wheeling.

"We’re working with case managers to make sure people have supplies to keep it clean," Phillips said. "The city has agreed to supply dumpsters and porta-johns there, so that will make it easier for everyone."

The site has its benefits, Phillips explained. It is located next to Catholic Charities and is in close proximity to other service providers in East Wheeling. There is fencing in place, and it is beneath the overpass, which provides some shelter from rain.

Some drawbacks to the site include the fact that unlike the previous campsite next door, this parking lot is paved.

"It’s more visible, which is tough," Phillips said. "It’s also very close to Laughlin Memorial Chapel, which is not ideal. They’ve been great partners with us and the other area service providers."

Wheeling City Manager Robert Herron on Monday declined to comment on the unfolding matter, as a lawsuit filed against the city in U.S. District Court by the American Civil Liberties Union of West Virginia is still pending and being negotiated. Officials from the city and ACLU on Friday both indicated that progress was being made toward a mutual solution in light of the steps being taken toward a camping ban exemption.

"Catholic Charities, along with other homeless agency partners, are developing rules for this temporary exemption," the city announced on Friday. "It is anticipated that this area will begin immediately. At this point, this is a temporary location subject to further discussions with Catholic Charities."

Phillips on Monday said Catholic Charities and the other partner agencies do not have a memorandum of understanding with the city regarding the exempt property. He noted that since the city is allowing it, the agencies will continue providing support services to homeless individuals much like they do in the encampments currently on public property.

"We don’t have a lot of latitude," Philips said of agencies implementing specific rules for the property, which is not large enough to accommodate all of the homeless individuals in town. "It will be tight. It’s definitely not large enough to bring in everyone who is staying at The Life Hub’s shelter for the winter."

If The Life Hub’s winter shelter closes after March 15 as scheduled, the unhoused will need more than the space at the temporary site, Phillips indicated.

"We’re hopeful for a managed camp," he said.

The city agreed to a delay until Monday, Jan. 29, for the dismantling of the camps that were posted on Jan. 3 in accordance with U.S. District Judge John Bailey's 2020 ruling. The ACLU was expected to dismiss its request for a temporary restraining order and preliminary injunction, and was continuing settlement discussions with its clients and with the city.