House of Delegates approves statewide camping ban, now moves to Senate
The bill would prohibit sleeping, camping and storing personal belongings on public property throughout the state. It now heads to the state Senate.
CHARLESTON – The West Virginia House of Delegates overwhelmingly supported the passage of House Bill 2382, a statewide ban on sleeping, camping and storing personal belongings on public property. Eight Democratic members and one Republican opposed the legislation.
Del. Geno Chiarelli, R-Monongalia, the lead sponsor of the bill, told West Virginia Watch that the legislation was in response to the city of Morgantown’s September ban being challenged and put to a citywide vote in April.
“And then I found out that [Morgantown’s camping ban] was, it was going to be overturned via the petition and everything, and I didn’t think that that was the right decision,” Chiarelli told the organization.
During debate on the floor, Del. John Williams, D-Monongalia, said he would oppose the bill.
“I have to rise in opposition largely because of a stance I’ve tried to always have in this body–giving municipalities local control,” Williams said. “We need to trust our local governments on this.”
In response, Chiarelli said the bill seeks to create a “uniform policy instead of a cumbersome patchwork of laws” around the state.
Del. Sean Hornbuckle, D-Cabell, asked Chiarelli if the bill’s definition of “personal belongings” would include a blanket. Chiarelli said it would.
“What I’m worried about…[is] that someone simply trying to find shelter, that has fallen on hard times, would have to make that choice,” Hornbuckle said. “Someone that’s just trying to stay warm. What are we doing that we can’t vet these things a little bit more.”
Hornbuckle said he would oppose the bill as written because it does not provide for the safety of West Virginians.
“We are not targeting people just trying to stay alive,” Chiarelli said in response. He went on to say people “choose to live like this” and that the state needed to do something to make “cities and municipalities a better place to live.”
Del. Wayne Clark, R-Jefferson, said he would oppose the bill because it may target tourists who set up camp while visiting the state, but that he was in favor of HB 2382’s intent.
After floor discussions, the House of Delegates overwhelmingly supported the ban largely along party lines. Eight of the nine Democrats present and one Republican, Del. Clark, opposed it.
The bill now goes to the state Senate for their consideration.
If signed into the law, the bill would impose fines at not more than $200 on a second violation and fines of not more than $500 and/or be sentenced to up to 30 days in jail on third and further violations.
The ban could supersede similar legislation passed by municipalities. In Wheeling, for example, no provision provides for the jailing of people found in violation of their camping ban. If HB 2382 becomes law, higher fines and potential jail time could become available to the city.
“This is just one piece we have moving forward,” Chiarelli said before the vote. “We are going to make West Virginia a better place and I believe this is how it starts.”