No arrests as Austin implements Phase 3 of homeless camping ban

The City of Austin says that as its phased implementation of the public camping ban has entered Phase 3, voluntary compliance is still the priority even though the Austin Police Department can now make arrests.

Following voter approval of Proposition B in May, it is illegal to camp in public areas, to sit or lie down in the downtown or UT campus areas, or to solicit money or other things of value at specific hours and locations. Violations are Class C misdemeanors and punishable by a fine.  

Since May 11 when the ban took effect, Austin Police Department officers have visited more than 536 people experiencing homelessness across more than 70 locations across Austin to offer outreach and education. Officers have connected 122 people with social services and other resources and helped 34 veterans connect with VA services.

Focused on voluntary compliance, APD provided 390 verbal warnings during Phase 1 and 210 written warnings during Phase 2.

The city's phased approach pertains only to sites that were in existence prior to May 11, 2021. Individuals who attempt to set up new camps are subject to immediate notification of violation, and enforcement action, if necessary.

Up until Phase 3, APD and other city departments have focused primarily on outreach, education, and written warnings. Officers can also write citations for individuals who have already received a written warning about the camping ban and continue to camp in public areas. However, officials say citations will only be issued as a last resort. 

Phase 3 began on July 11 and APD can now make arrests in situations where individuals refuse to vacate areas that have been deemed dangerous for the public due to high risk of fire, floods and pedestrian/vehicle accidents.

In cases where APD does arrest an individual for violation of the camping ordinance, that person will be processed through Downtown Community Court (DACC) whenever possible. This means that DACC will provide individuals the ability to immediately see the judge, instead of being booked into jail, and will have access to DACC’s continuum of social service supports.

On July 13, APD Central District conducted its first Phase 3 enforcement operation at the Hike & Bike Trail and surrounding areas. Officials say officers provided 21 written warnings and no citations.

"Coordination during this effort has been productive through progressive enforcement, outreach, and education," said Interim Austin Police Chief Joseph Chacon in a news release "While officers may write citations for violations, we are hopeful for no punitive penalties and to connect individuals to services and resources through diversion efforts in partnership with Downtown Austin Community Court. Enforcing this ordinance is a challenge. Like many communities battling homelessness, there simply aren’t enough places for people experiencing homelessness to go."

Officials say city departments and local partners are working together to address the immediate needs of people impacted by the camping ban. This week, the Downtown Austin Community Court expanded hours and days for accessing the Violet KeepSafe Storage program. The program currently serves 170 individuals experiencing homelessness by providing a safe and secure place to store their belongings. 

A number of other City departments – including Public Works, Austin Resource Recovery, Parks and Recreation, and Watershed Protection – continue to conduct regularly scheduled cleanings at underpasses, parks and creeks. These ongoing efforts are independent of activities related to implementation of the camping ordinance.

The City’s Homeless Strategy Division has also opened Southbridge, a 75-bed bridge shelter in South Austin and is working to open a second 55-room bridge shelter in central Austin by the middle of August. Capacity may also be restored at existing congregate shelters as COVID-19 risk levels allow.

As the second bridge shelter prepares to open, officials say they will work to prioritize the beds for those who need it most.

Officials say they are also focused on ongoing efforts to create permanent housing via projects like Caritas of Austin’s Espero Austin at Rutland apartment development and the HEAL initiative, which creates pathways to housing for people living at priority encampments. Individuals living at the second HEAL site are expected to be offered places at the Southbridge shelter by the end of this week.  

Officials say city staff continue to work with Austin City Council to explore the potential for city-owned properties to be used as sanctioned encampments. But officials say with the timing of the new camping ban, on May 11 following voter approval of Proposition B on May 1 there will continue to be significant bed and social service capacity challenges. 

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MORE HEADLINES: 
Austin holds town hall to hear from residents about homeless concerns
Seven arrested at City Hall homeless camp cleanup
City of Austin moves to phase 2 of implementing camping ban
Camping ban implementation begins in Austin
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