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The new measure comes after increased safety concerns at Hull Park, which has seen both an uptick in people experiencing homelessness and threatening behavior.
The situation came to a head when a local sailing instructor was assaulted by a man in the park, prompting the city to look for new ways to police the park.
Now, the city is moving forward with an ordinance that prohibits people from knowingly prowling after dark on private property owned or leased by someone else without the owner’s or tenant’s consent. The ordinance defines prowling as “willfully lurking about, lying in wait or moving stealthily about private property as if in search of prey or plunder.”
A violation is a misdemeanor punishable by up to 93 days in jail and/or a fine of up to $500.
The city also gave police the power to ban people from parks for three days if they break park rules.
Opponents of the measure say the ordinance language is too vague and would disproportionately affect homeless people.
Michael Naughton, a local attorney and board member of the ACLU of Michigan, said the ordinance is short-sighted and provides police officers with too much discretion.
“It doesn’t sit well with me, it doesn’t sit well with the ACLU of Michigan," he said. "I'm very happy to tell you, you got our attention. And not just us in northern Michigan. Like I said, I’m on the board of directors for the statewide organization. You’ve got our attention.”
Last week, the American Civil Liberties Union of Michigan sent a letter to the commission opposing the new ordinances, arguing that implementing them would raise constitutional concerns due to what they called an “inscrutable” definition of prowling.
“It doesn’t sit well with me, it doesn’t sit well with the ACLU of Michigan. ... I’m on the board of directors for the statewide organization. You’ve got our attention.”MICHAEL NAUGHTON | ACLU of Michigan
To address that, Commissioner Lance Boehmer introduced an amendment to remove the current prowling definition and define it instead as peering or peeping into a window or openings of a building, trying or testing locks, and hiding or concealing oneself from people on private property.
Boehmer noted that he gave this amendment to Traverse City Police Chief Matt Richmond and City Attorney Dan Kelly shortly before the meeting.
Ultimately, that amendment did not pass due to concerns about a lack of legal review.
“I don’t dislike any of this. I just have concerns,” said Commissioner Kenneth Funk. “The proposed ordinances have been reviewed by attorneys. A lot of sets of eyes have reviewed them [and now] we are just adding some stuff that is making us feel a little bit more comfortable with this tonight. But it has not been under the eyes of scrutiny by anyone other than our police chief and city attorney for thirty minutes before the meeting.”
While City Attorney Kelly emphasized that he would be comfortable with the new language, it did little to ease opponents’ concerns about the ordinance’s vagueness.
After commissioners voted no, City Manager Benjamin Marentette noted that they could revisit the updated definition amendment and a legal review at a later date.
Hannah Wescott, director of the Jubilee House day shelter, also urged the city commissioners not to pass the ordinance and argued that the incidents happening at Hull Park were a result of the homeless encampment called the “Pines” being prematurely cleared out just over a year and a half ago.
“The encampment was dangerous, inhumane, and appalling, but unfortunately it was a necessary evil while we wait for a real solution,” said Wescott. “Our services are overburdened and need is growing rapidly. We do not have enough room and shelter, so unsheltered homelessness is inevitable.”
"I don't know what else to do. I live downtown. I have felt scared. My kids feel scared.”TRAVERSE CITY RESIDENT | speaking during the public comment period
Supporters of the measure have stressed that compassion and safety is not an either/or game. One supporter who spoke during public comment, but did not give her name, stressed how safety concerns were affecting her family.
“As a mother, this feels like a very commonsense ordinance and I am shocked that there is so much pushback when it feels so incredibly important to protect our kids,” she said. “If this ordinance is not passed, what guarantees our safety. I don't know what else to do. I live downtown. I have felt scared. My kids feel scared.”
Michael Wills, vice president of Traverse Area Community Sailing, said his organization has experienced vandalism, theft, human feces on their boats, and fires being set near the boathouse.
“These proposed ordinances – in my estimation – apply to everybody, everywhere in the city. It’s not targeting anyone except for the criminal behavior that occurs when it shouldn't,” Wills said.
Ultimately, the city commission passed the ordinance with its original language on a 4-3 vote. Mayor Amy Shamroe and commissioners Mitchell Treadwell and Lance Boehmer voted no.
Shamroe said the city cannot solve homelessness alone and urged the public to pay attention to Grand Traverse County’s budget coming out this week.
Earlier this summer, the Grand Traverse County Board of Commissioners adopted a resolution in support of the Housing and Homelessness Task Force which laid out recommendations to address local homelessness. Despite the adoption, the county reserves the option to choose what, if anything, to fund.
“I will be examining that to see if they honor their commitment that they did with the Housing and Homelessness Resolution to support these funds,” Shamroe said. “The voices we are hearing here – God help me – they need to hear these in the townships because I hear that every single person that lives in all these townships doesn't want this and I know that you do.”
