Document text
City's homeless want fair shake By Sean Wolfe Ashland Daily Tidings At a city council meeting that included protracted debate over the lack of affordable housing in Ashland, a dozen of the city's homeless offered their own solution: Let them camp, unmolested. "I feel like I've walked into the middle of this debate by infilling with my affordable housing," quipped Kirk Tierney, a homeless man who was arrested Christmas Eve for camping along the railway just east of the A Street Marketplace in Ashland. Citing the Constitution, Tierney said police were interfering with his right to life, liberty and the pursuit of happiness. He then quoted from his heavily footnoted bible, invoking passages of the Books of Paul and Galatians. "Bear ye one another's burdens and so fulfill the law of Christ," Tierney concluded. Tierney was joined by other speakers, including Daniel Rueff, a homeless resident of Ashland for the past 11 years. "In Ashland many of God's children are treated in such a way that would make the devil smile," Rueff noted. "The camping ban conflicts with the U.S. Constitution. I think we should make Ashland a better place for everyone in Ashland � In particular, I want to extend an appeal to fellow Christians to offer work to the homeless. That's what we really need," Rueff said. Other speakers echoed Rueff's point about providing work, including Marilee Jenkinson. "The homeless problem in Ashland is something that can't be contained by (the Interfaith Care Community of Ashland). Something must be done, or nothing will be accomplished. Developing land here is impacting the community like crazy. Open space is disappearing. Even Native Americans had rights to live somewhere. We don't even have that," Jenkinson said after the meeting. Steve Hamilton, who showed up to the meeting with his dog Rita, did not speak to the council but arrived to show his support for Tierney and others. "Here's the thing: Do the people in there think they're any better than us? And if they do, are they being honest with themselves? I'm not homeless. I am houseless, but I always have a home," Hamilton said. Reacting to the testimony this morning in a telephone interview, City Councilor John Morrison said the testimony was largely "very positive," and that he took it seriously. "My approach to these matters is in trying to be as reasonable as possible. I haven't given a lot of thought to (the homeless issue), but that doesn't mean I'm dismissing it. I don't think we have a significant problem at this point. But I don't take it lightly when people come before the council," Morrison said. "What you do find is that if more and more people come in expressing concern, numbers count. And if we see more people at a particular meeting, obviously something may need more attention because people are demanding that more attention be paid." The city's tussle with the homeless dates back close to a century, as evidenced by some of the municipal code's dustier sections. One 1914 provision prohibits "fakirs, peddlers, mendicants (beggars), strolling musicians, organ grinders, exhorters, and showpersons" from "(plying) their several vocations" within city park limits. More recent rules contain several provisions that prohibit camping on sidewalks, streets, alleys and parks. In addition the code prohibits camping beneath bridges or viaducts, or on any public right-of-way or other publicly owned property. Other elements of Ashland's municipal code also forbid sleeping on benches, seats or in doorways. Sleeping in the park is also forbidden between the hours of 9 p.m. and 8 a.m. Citizens are also specifically prohibited from erecting hammocks or swings within the park, and campfires are also banned. Subsequent provisions allow for a 24-hour warning when officers encounter a vacated campsite. After 24 hours, the site can be cleared, and all properties held by the police department for two weeks, after which the property may be destroyed. In the meantime, Tierney has yet to have his day in court. When police arrived to remove his site on December 24, a fracas ensued. According to Tierney and onlookers, police officers attempted to prevent Tierney from retrieving a small pack, which contained his well-worn Bible and the ashes of his dead son. He was arrested for interfering with police and resisting arrest. At issue is whether police overstepped their bounds in arresting Tierney, who was camping on property owned by Central Oregon Pacific Railroad. Tierney maintains that under the right to face his accusers guaranteed by the U.S. Constitution, police must produce a signed complaint from the railroad. Ashland Police Sergeant Bob Smith said the police department has long had a memorandum of understanding with Central Oregon Pacific Railroad that permits them to arrest trespassers at will. According to Jackson County records, Tierney was arraigned on Dec. 27, and entered a not guilty plea to both charges. A scheduled pretrial date was canceled earlier in the week, and no trial date has yet been set. Tierney said he planned to serve as his own attorney in the case. LINKS: DAILY TIDINGS: Main | News | Sports | Business | Obituaries | Opinion | Columnists | AP News | Subscribe | Archives | Weather | Classifieds | Contact Us | Privacy REVELS: Main | Calendar | Dining | Movies | T.V. OTHER: Road Cams Copyright 2003 Ashland Daily Tidings 541.482.3456. 1661 Siskiyou Blvd., Ashland, OR 97520. Ottaway Newspapers, Inc. - Advertisers -