Austin Toughens Up Homeless Rules As Governor Moves To Intercede

AUSTIN, TX — Gov. Greg Abbott on Friday announced state public safety workers are poised to move homeless people in Austin from their makeshift dwellings under bridges and overpasses as the city moved to toughen its ordinances on the homeless.

In June, the City Council relaxed its rules and allowed homeless people to lie or sit on public sidewalks so long as paths remained clear for pedestrians. Aimed at decriminalizing the homeless, the loosened rules also allowed homeless people to pitch tents. On Thursday, however, the council reinstated partial bans on camping, sitting and lying down in public by a 7-4 vote.

In a press conference Friday, Austin Mayor Steve Adler acknowledged the relaxed rules led to unforeseen scenarios — particularly the abundance of tents that popped up across town after the rules were enacted. Arguably the most visible encampment emerged downtown along Neches Street between 7th and 8th streets, across the street from the Austin Resource Center for the Homeless (ARCH).

Related story: Downtown Austin Homeless Encampment To Be Demolished

Adler's briefing came in the wake of threats by Abbott to use state crews to clear public areas of homeless people. Adler denied Abbott's claims of a public threat from the mass gatherings of homeless people since the rules were relaxed, along with a chart showing other major Texas cities receiving exponentially greater funding for social services related to marginalized members of the population.

Adler said he didn't know how or when Abbott plans to remove the homeless from state property.

"It's been suggested one of the things the governor might consider is move people from overpasses in the state right of way. I hope he doesn't do that, unless he has places where people can go. I don't want to send them out to the woods. It's even more inhumane for people to be living in the woods or creeks," he said, adding it's safer for people to live under overpasses and bridges so long as they're not close to traffic.

"I continue to say I would welcome the governor's and the state's assistance. We need significant greater help with mental health clinics and treatment, and drug abuse treatment," he said, also noting the need for bolstered resources from the Health and Human Services Commission and rental assistance programs.

An Abbott spokesman applauded the city's move to reinstate some of its rules.

“By reforming its homelessness policy, the city of Austin has taken a meaningful step to address the safety and health of Texans — including the homeless,” Abbott spokesman John Wittman said in a statement released Friday afternoon. “The state will monitor how well the new policy actually reduces the skyrocketing complaints about attacks by the homeless and other public safety concerns. The state will also continue to monitor water quality for e-coli and other bacteria.”

As a result of Thursday's city council vote, camping is once more prohibited on city sidewalks, near homeless shelters, around the central business district and in areas of high risk for wildfires. Homeless people can no longer sit or lie within 15 feet of entrances or exits to businesses or homes.

Video of the Neches Street homeless encampment by Tony Cantú/Patch:

The changes will go into effect Oct. 27.

Austin Police Department Chief Brian Manley said his officers will undergo further training to adhere to the new city policies.

"The Austin Police Department remains committed to working with the city council, fellow city departments, social service groups, those experiencing homelessness, and others as we strive to end homelessness in our community," Manley said in a statement.

Adler said he has no regrets about seeking to decriminalize the homeless by allowing them greater freedom of movement but he conceded he did not foresee the proliferation of tents around the downtown homeless shelter and under bridges and overpasses.

"I don't regret changes we made to the ordinance in June," he said. "That said, things resulted that I didn't expect. I didn't expect so many so many people to come out of the woods and dark spaces. If I had known, I would've insisted that we had more beds standing by."

But he said some good did come of the changes, including the creation of 100 new beds in temporary lodging and an outpouring of residents donating tents to homeless people.

But the makeshift tent community on Neches Street will soon be dismantled as social workers seek to find its members more permanent housing. As of Friday it was still home to a number of homeless.