concerns and questions have arisen from the Ninth Circuit Court case, Martin v.
City of Boise, regarding the rights of the homeless who are sitting, lying, or
sleeping to rest on public property. The
City and Library have been working tirelessly to tackle these issues.
City Manager and Library Director have been communicating about the Ninth
District Court decision since September.
Attorneys for many governmental jurisdictions have been working to
interpret this decision and what it means for each entity. The City
Manager and Police Administration met with Library personnel to discuss our
joint approach and have consulted with legal counsel. Legal counsel advised that if the library had
a no camping policy, it would be lawful for the Police Dept to assist the
Library in enforcing trespassing against those camping who refuse to leave. The
library is currently working to enact that policy.
Library Board has an executive session meeting at 2:00 p.m. on Wednesday,
November 7th to have one final discussion with legal counsel, after
which their Board of Directors will vote on their new Code of Conduct in a
special meeting, open to the public.
They intend to immediately notify the City of their decision, and we are
prepared to take immediate action.
the policy is adopted Wednesday, and the Library requests that the camp be
removed, the Brookings Police Department will provide notice, as required by
law, of no less than 24 hours, that the
unlawful campsite will be cleared.
Notice will be given at the site and to Resource Providers in the area
to assist in the transition for the homeless living there.