Governor signs bill making homelessness a misdemeanor if person refuses help

OKLAHOMA CITY, Okla. — Oklahoma Governor Kevin Stitt signed a bill on Friday making ‘unauthorized camping’ on public lands a misdemeanor punishable by a fine or even time in jail.

Senate Bill 1854 creates the new misdemeanor crime of unauthorized camping. It applies to homeless people who refuse to accept help and resources when law enforcement makes contact with them about their living situation, likely in a tent on the side of a highway or in a median.

“I’m all for more resources to the homeless,” said State Representative Chris Kannady (R-Oklahoma City) who sponsored the bill on the House side. “We’ve had a 30% increase in the homeless population, and we’ve increased the resources by 50% in the past 10 years. Increasing resources will help, but it’s not working.”

Kannady and others point to the fact that people are sleeping very close to busy streets and roads, and Republican and Democratic lawmakers in the state legislature have voiced concerns about people possibly rolling in front of a car either in their sleep or accidentally.

Once SB 1854 takes effect in November, state and local law enforcement can remove someone for camping on state-owned lands such as highway right-of-ways and medians, and even state parks. If the person is homeless and refuses to accept help and resources, they will be arrested for a misdemeanor and, if convicted, will either be fined $50 or spend 15 days in the jail of the county where the offense took place.

If a homeless person accepts help and access to resources, they will only be given a warning.

Republicans said this is the best way to control the growing number of tents in public places while pointing people to resources meant to get them off the streets.

“If a house will do it, do it. They’ll get better,” State Representative Randy Randleman (R-Eufaula) said about people saying the solution was to build more houses. “But I promise you, it’s not going to do it, and it’s not going to do it until they get the right type of therapy, people who can counsel with them, and provide them wraparound services.”

Randleman shared a story on the House floor of counseling homeless people in Houston, Texas who didn’t seek out services that addressed their living situation but not their mental health needs that caused them to get into their living situation in the first place. He said they were not mentally prepared for a transition back into a house with responsibilities.

Democrats said people need to be pointed to resources, but the resources people are expected to be sent to by law enforcement are either not ready yet, properly funded, or not able to handle more than what they already are.

“Offering assistance does not mean you have bedding. Offering assistance does not mean you have housing readily available. So after you offer it, then what does the officer do?” said State Representative Regina Goodwin (D-Tulsa) who shared a story on the House floor of offering homeless Tulsans assistance and they still refused it.

Democrats said lawmakers should not expect people who don’t have money or any financial means other than begging to be able to pay any kind of monetary fine for being forced to live on the streets.

“Is this meant to solve homelessness, or is it meant to give off the image that we solved homelessness?” asked State Representative John Waldron (D-Tulsa) during bill author question time.

FOX23 asked Governor Kevin Stitt about the bill before he signed it Friday. He said tents all over was not the answer.

“We’re not going to allow tent cities, and we’re not going to allow the homeless to camp out like we’re seeing in other states,” Stitt said.

But Stitt said the issue is far more complex than just creating a new crime. He said people need resources and compassion, but lawmakers have to balance out the rights of the housed and employed too. He pointed out and praised the work of the John 3:16 Mission and others in downtown Tulsa who will likely be leaned on more when the bill becomes law Nov. 1.

“It’s a tough conversation,” Stitt said. “It’s a big conversation. There’s substance abuse. There’s mental illness. There’s people in certain situations that need help. We also have to look at the rights of businesses, and private property owners, and community safety.”

However, SB 1854 could be changed or not take effect at all depending on how the U.S. Supreme Court rules on the issue.

The nation’s high court heard arguments this week about a similar law in Grants Pass, Oregon that a lower court deemed unconstitutional and “cruel and unusual punishment” because the lower court said there were not enough resources in place for the homeless population to not have to sleep in parks and other public spaces.

If the Supreme Court rules the Grants Pass law is unconstitutional, parts of SB 1854 could be voided before they ever take effect.