Opposition to House Bill 5319 - Camping Ban

I strongly oppose this bill because it criminalizes homelessness, punishes poverty, and fails to address the root cause of housing instability in West Virginia. 

While framed as a public health and safety measure, this legislation makes it a crime for people with nowhere else to go to exist in public spaces. Instead of investing in housing, treatment, and supportive services, it imposes fines and jail time on people who are already struggling to survive. 

1. Criminalizing homelessness Does Not Solve Homelessness   

This bill makes camping or storing personal belongings on public property a misdemeanor offense, escalating to jail time for repeat violations. For people who cannot afford housing: 

• A fine up to $250 is unpayable 
• Jail time disrupts employment, treatment, and benefits 
• Criminal records make housing access even harder 

Punishing people for sleeping outside when no adequate shelter exists does not reduce homelessness - it deepens it.

2. Vague and Overbroad Definitions Invite Harm

The bill defines “camping” and “camp paraphernalia” so broadly that common survival items like:

• Blankets 
• Sleeping bags 
• Backpacks 
• Tarps 

Could trigger criminal penalties.

It also criminalizes “storing personal property” on virtually any public land, including unimproved property. This opens the door to:

• Confiscation of survival belongings 
• Destruction of medications, IDs, and documents 
• Increased instability for already vulnerable residents 

Losing identification or essential documents can delay access to housing, employment, and healthcare for months. 

3.  Escalating Penalties Worsen Public Safety

The bill escalates penalties within 12 months, including potential jail time. This approach:

• Increases strain on already overcrowded regional jails 
• Costs taxpayers more than housing interventions 
• Interrupts access to substance use treatment and mental health care 
• Pushes people further from services and outreach workers 

West Virginia already faces strained correctional facilities. Adding nonviolent poverty-related offenses will only increase costs without improving outcomes.

4. The “Alternative Location” Provision is Meaningless

The bill allows officers to provide “known alternative locations,” but explicitly states that the availability of shelter does not negate enforcement. 

This means:

• A person can still be arrested even if shelters are full 
• A person can be jailed even if there is no available housing 

In many parts of West Virginia - especially rural communities - there are limited or no emergency shelter beds. Criminal penalties cannot substitute for housing infrastructure.

5. This Bill Undermines Proven Solutions

Evidence-based approaches to homelessness focus on:

• Permanent supportive housing 
• Low-barrier shelter access 
• Harm reduction services 
• Mental health and substance use treatment 
• Rental assistance and eviction prevention 

Criminalization strategies have repeatedly been shown to:

• Increase long-term homelessness 
• Increase public costs 
• Create cycles of incarceration and instability 

If the goal is public health and safety, the solution is housing and services - not jail.