Aldermen discuss safety outside homeless shelter

MANCHESTER, N.H. – In the final discussion of the final Board of Mayor and Aldermen meeting of the year, the topic turned to the issue of the city’s homeless people and their status on the city’s sidewalks.

The topic came during new business as Alderman-At-Large Joseph Kelly Levasseur followed up a question regarding the city and state’s response to a recent fire near the Cracker Barrel homeless encampment underneath the I-293 bridge.

Levasseur expressed concern over safety issues of homeless individuals camped out near the corner of Pine Street and Manchester Street outside of the Families in Transition homeless shelter, stating that in some circumstances the camping equipment went beyond the sidewalk and into the street.

He received guidance from City Solicitor Emily Rice on the matter, with Rice indicating that it remains unclear where boundary lines begin and end, making interpretation of whether it is a matter for the shelter or the city difficult. Ward 5 Alderman Anthony Sapienza asked if this topic needed to be discussed in non-public session, fearing its discussion could potentially put the city in a legally vulnerable position, but Rice indicated that the information she provided was not privileged.

Rice added that in the years since a permanent injunction was placed upon the city by the U.S. District Court for the District of New Hampshire prohibiting attempts at an anti-panhandling ordinance, additional limitations upon municipalities have also come from the Martin v. Boise decision in the U.S. Ninth Circuit of Appeals Court, which sets the legal precedent prohibiting anyone from sleeping on sidewalks unless they are violating another law. That ruling also stated that municipalities cannot force any homeless individual out of an area just for the sake of being homeless unless they have available shelter beds. Later in the discussion, Manchester Mayor Joyce Craig reminded the board that there is no available shelter space in the entire state, let alone Manchester.

Ward 4 Alderman Christine Fajardo noted that the situation on the sidewalks near the shelter could have been avoided if homeless individuals were allowed to continue camping in city parks, which was banned following the passage of a recent ordinance. Levasseur said that the homeless individuals would be safer sleeping in parks, but he did not support homeless individuals putting up tents in parks during daytime hours.

Ward 10 Alderman Bill Barry also indicated that the matter may be a safety issue.

Manchester Fire Department Chief Ryan Cashin and Manchester Police Department Chief Allen Aldenberg also answered questions from Levasseur regarding both the recent fire as well as safety initiatives outside the shelter.

Cashin told Levasseur that Squad One was proactive in helping individuals outside the shelter when needed and Aldenberg said that officers have taken action when they notice illegal heating devices or believe that homeless individuals may become a danger to themselves.

However, Aldenberg added that he will not order his officers to do something potentially illegal or unethical for the sake of appearance to the general public when it comes to interactions between the Manchester Police Department and the city’s homeless population.

Levasseur indicated that something should be done, but was chastised by Ward 3 Alderman Pat Long when he did not provide specifics.

The discussion ended without any actions in the form of votes taken.