Suggested changes to an ordinance attempting toaddress homelessness that failed to gain approval in 2024, and other discussion on the issue are on the agenda for the Fort Smith Board of Director’s study session set for Tuesday (March 11).
The board on Dec. 17 rejected a proposed ordinance to address homelessness that in some ways mirrors a Grants Pass, Ore., ordinance that survived a U.S. Supreme Court test.
The 4-3 vote against the plan – which was crafted in part to address concerns by people who live and work in downtown Fort Smith – came after the board received pushback from several citizens who said the plan is too onerous on those who are homeless because of mental illness, drug abuse, and other issues.
A June 28, 2024, majority opinion from the nation’s highest court said the Grants Pass ordinance did not violate the Eighth Amendment that prohibits the government from subjecting individuals to “cruel and unusual” punishment.
Director Lee Kemp said he met with representatives of Hope Campus, Next Step, and other agency leaders to review the ordinance and make recommendations regarding revisions. The Hope Campus, now located at 301 S. E St., resulted from an effort that began in 2009 between a Homelessness Task Force and city to address homelessness, which was a problem primarily in the downtown Fort Smith area.
He said directors also need to create a workflow regarding best practices for the enforcement of the ordinance.
Citizens speaking against the original ordinance said the ordinance did not address where people would go if they were forced to leave public spaces and that it focused on people’s belongings, rather than helping people find housing or other support.
The original ordinance stated, among other things:
• No person may occupy a campsite on city property that does not meet existing city code.
• No person may sleep on sidewalks, alleyways and in doorways.
• Items of personal property having no apparent utility or monetary value and items in an unsanitary condition may be discarded.
• Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Fort Smith Police Department until an alternate disposition is determined.
• Violators will be charged with a misdemeanor.
“For me the goal of Tuesday’s study session is to have a productive discussion on homelessness and the proposed ordinance. I hope the board gains a clearer understanding of the challenges our community faces and how we can take a balanced approach that prioritizes public safety while ensuring that those in need have access to resources and services,” Kemp said.
He said he’d like the board to explore actionable steps beyond just adding to the legal code, including partnerships with local service providers and structured solutions like designated area and outreach support.
Following are some of the ideas proposed by Kemp to be discussed at the study session.
• Establishing a planned camping area on Hope Campus property to provide a
structured, monitored space for individuals in need.
• Construct a privacy fence around the designated area to mitigate concerns from
surrounding neighborhoods and enhance security.
• Utilize Hope Campus’ back warehouse space to store personal belongings in a
structured, organized manner temporarily.
• Prevent duplication of services by creating a centralized registry for feeding programs.
• Encourage collaboration among organizations to avoid oversaturation in certain areas while ensuring best practices.
• Improve accountability and food safety measures for those providing meals.
“That is just a beginning piece,” Kemp said of the proposals he would like reviewed at the study session.