Unhoused people found “camping” on public property in Heath could soon face criminal charges similar to those in Newark if the Heath City Council approves an ordinance introduced at its Monday meeting.

Mayor Mark D. Johns told the council on Feb. 3 that he recommended the ordinance after meeting with Newark officials to learn more about the law approved by Newark City Council on Oct. 21. The Newark council chambers were packed each time the council discussed the controversial ordinance, and most of the public comments during those meetings were opposed to the idea of filing criminal charges against homeless people.

The proposed ordinance received a first reading on Feb. 3. A second reading and vote could come during the council’s next meeting at 7:30 p.m. on Tuesday, Feb. 18, at Heath City Hall, 1287 Hebron Road.

The proposed ordinance would make sleeping on public property a minor misdemeanor, punishable by a $150 fine. A second offense would be a fourth-degree misdemeanor punishable by 30 days in jail and a fine of up to $250, and a third offense would be a third-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. The maximum total fine would be $500 for a series of violations.

Johns said that what appealed to him about the ordinance is something that isn’t included in the language of either the Newark ordinance or the proposed Heath ordinance. It was something he learned when he met with Newark Law Director Tricia M. Moore and other Newark officials, who he said told him something he had not seen in news reports about the Newark ordinance.

The Newark officials said they are actively working to develop a “home” court within the Licking County Municipal Court to hear criminal cases that arise because of such laws, and to create a “diversion” option for anyone who is cited under the camping-ban laws.

Diversion programs offer a sentencing option for judges hearing such cases. A judge can offer a defendant the opportunity to go through a diversion program – a series of training programs and services designed to help the person get back on track toward stability. If the defendant agrees to the rules of the program and successfully completes it, the judge can release that person from the program with no criminal record.

The American Bar Association calls them “homeless courts,” with specialized dockets focused on dealing with the issues of unhoused people. Its website said such courts have been around since 1988.

That concept was mentioned fleetingly during a Newark City Council meeting last year, but it was not presented with the ordinance and no details were discussed at the time. 

Melanie Timmerman, Newark assistant law director, said Tuesday that she and Moore are in the process of developing a home court with a diversion program that would allow unhoused people to “enter into various services to address the issues that led to homelessness.”

Timmerman said they are working to develop partnerships with local agencies and organizations that could provide services, and they are hoping to launch the program this spring.

“Once we have all of our partnerships and everything,” she said, “we plan to make a public informational presentation to the city council before we launch it.”

Deb Dingus, executive director of the United Way of Licking County, said Tuesday that she has been involved in a couple meetings on the topic.

“I want to commend the city law director and other officials in working to put together a diversion program as a judicial response” to those who might be cited under the law, Dingus said. “However, the hard work still needs to be done in creating a housing system that provides some place for individuals to go while they are working to secure permanent housing.”

She said that hard work should include everything from a low-barrier shelter for unhoused people to permanent housing, because an unhoused person who completes a diversion program and still has no place to call home is still homeless.

Several Heath council members voiced support for the ordinance, as did Police Chief David Haren.

Johns said that while Heath has existing laws that allow police officers to remove and cite people who are camping in city parks and for trespassing on private property, it does not have that authority on public property that is not a park – such as sidewalks and other public rights of way. 

“I have become convinced that the City of Heath should also pass the same ordinance that was passed by Newark,” Johns said, noting that he explained his rationale in a letter to the community posted on the Heath Facebook page.

After the Newark law was approved, he said in his memo, “I began hearing from a number of Heath residents asking that the City of Heath consider adopting the same type of ordinance.”

During the meeting with Newark officials, Johns wrote, “I learned that the ordinance passed by Newark’s City Council, which got all of the attention, was just one part of a much larger effort being formed. I learned of their effort to initiate a program to try and make a positive impact on reducing the area’s homeless population.”

Alan Miller writes for TheReportingProject.org, the nonprofit news organization of Denison University’s Journalism program, which is supported by generous donations from readers. Sign up for The Reporting Project newsletter here.

Alan Miller

Alan Miller teaches journalism and writes for TheReportingProject.org, the nonprofit news organization of Denison University's Journalism Program. He is the former executive editor of The Columbus Dispatch and former Regional Editor for Gannett's 21-newsroom USAToday Network Ohio.