Opinion: I helped oppose Morgantown’s camping ban. WV doesn’t need a statewide one.

Introduced in our State Capitol on February 14th, House Bill 2382, known commonly as the “camping ban,” is unfit for West Virginia, in both morality and practicality. 

The idea of a camping ban is not new.  HB 2382’s basic function is to amend existing legislation passed in 1931. Aimed at forbidding “Crimes Against the Peace,” it defined specific public nuisance behaviors and prevented people from camping on government or public property.  There is a stark difference between this longstanding legislation and the proposed amendment: severity.  

HB 2382 increases penalties for setting up camping gear in public spaces. Each time a citation is given, the punishment increases, and each day constitutes a separate offense. 

 The first violation results in a written warning and resources about alternative housing methods.  The second violation results in a fine of no more than $200. If a third violation is cited within a year of the first, the punishment is a fine of no more than $500, no more than 30 days in jail, or a combination of both. 

These fines and punishments are another unnecessary burden placed upon people who are already struggling. Camping in an unlawful area is a nonviolent behavior, and it is often the only option for unhoused people who can’t stay in a shelter or afford to pay rent. HB 2382 is also unrealistic. Most unhoused people can’t pay fines or relocate in time to avoid additional violations. 

Beyond the new suggested punishments, the bill penalizes citizens for engaging in common activities. Blankets, hammocks, tents, and other “camping paraphernalia” are used by the housed and the unhoused almost daily while weather permits. In a state renowned for its natural beauty and outdoor activities, HB 2382 harms a large section of the population, even with written exceptions for recreational areas. 

The enforcement of this new law also inherently invites bias by leaving it to officers to determine if the violator is a nuisance. There is no way to define this, and citizens from all socioeconomic levels will be questioned unnecessarily. 

The city of Morgantown recently sparked significant outcry from residents after introducing a local iteration of this bill: a citywide camping ban. A petition was introduced by about two dozen volunteers–including myself–who spent weeks collecting more than 3,000 signatures in opposition. We convinced the city council to reconsider the law and let voters decide whether Morgantown should have a camping ban during local elections on April 29. 

However, the timeline of HB 2382’s journey could silence Morgantown’s collective efforts. The city has not yet come to a vote, but if this bill passes on the state level, it will deny Morgantown residents and representatives the right to address local issues independently.

As a lifelong resident of Morgantown, I have personally watched this controversy unfold. I can envision the devastation that HB 2382 will inevitably cause. The bill is presented as a way to improve West Virginia’s cities, with sponsors like Del. Geno Chiarelli, R-Monongalia, claiming it will make citizens feel less afraid. 

“Our city (Morgantown) is not the same as it was 10 years ago, and this is an issue that takes a lot of people working in sync,” Chiarelli was reported as saying about HB 2382 by West Virginia Watch. “…But this is one small piece we can try and make our cities, our municipalities, a better place to live, somewhere where people aren’t afraid to take their kids to the public library anymore.” 

This sense of fear is at the heart of HB 2382. The bill relies on it. In a region ravaged by the opioid crisis, people–both housed and unhoused–have become largely distrustful of their own community members. The unhoused are treated as if they are inherently dangerous. While poverty and substance abuse play a proven role in contributing to crime, bills like HB 2382 do not address any of the underlying causes.

 To combat fear, communities need hope and support. West Virginia has a rich history of community resilience, and we should apply that resiliency in defense of vulnerable populations. 

HB 2382 will likely soon be up for a Senate Floor vote, at which point it will head to the governor’s desk. Homelessness is a complex phenomenon, but this is not the solution. I ask our lawmakers to vote against this bill and stop seeing unhoused people as a problem to solve, rather than constituents that they need to help. We are all Mountaineers, and we deserve to be free.