Ordinance 1566 was introduced during a Dec. 9 council meeting as part of East Lansing Police Chief Jen Brown’s attempts to reduce violence downtown after unlawful pepper spray and Taser usage by city police officers during MSU’s Welcome Week. Homelessness advocates have also criticized a second proposed ordinance, Ordinance 1565, which would restrict loitering in city-owned parking spaces, for further alienating the homeless. 

The Michigan Coalition Against Homelessness, the Michigan ACLU and the National Homelessness Law Center sent an eight-page letter to city council on Jan. 30, arguing that Ordinance 1565 was unconstitutional under state and federal law for its intentionally vague loitering definition. 

In response, at a discussion-only meeting on March 10, city council members revisited both ordinances after numerous delays to rework the proposed legislations. 

The loitering ordinance grants police officers the right to forcibly remove individuals in city-owned and -operated parking structures that are not parking a vehicle, walking to and from said vehicle or paying fees. The aim is to prohibit large gatherings with the exception of severe weather events, such as tornadoes.  If found in violation,  individuals may be penalized with a municipal civil infraction. 

“This ordinance is preventative in nature,” said Brown, saying that crime has doubled over the past year in parking structures alone. 

The motion to adopt the revised loitering ordinance was introduced by councilmember Steve Whelan and seconded by Councilmember Kerry Ebersole Singh. The motion passed 3-2 with councilmember Mark Meadows and Mayor Pro Tem Chuck Grigsby dissenting. 

City council scaled back the public camping ban to include only public event spaces, allowing for homeless individuals to relocate to other public spaces after concerns were raised over shelter availability. If found to be  “obstructing, impeding or interfering” with public events and activities, a misdemeanor may be issued. 

The alternative ordinance also specified the “reasonable attempts” made by a police officer to place an identified homeless individual in a shelter before penalization. If available, a no-cost consultation by a city social worker will be offered. Either the officer, a city social worker or city official will arrange for the placement within a social service or treatment facility. The ordinance includes exceptions for emergency situations, such as severe weather.

Despite these changes, Whelan said he remained dubious that the ordinance had reached the “place we need to be with it,” although he shares the concerns over downtown safety. 

“I just don’t think this is the answer,” Grigsby said of the ordinance. 

Meadows attempted to further delay the vote to the second business meeting in April, a motion seconded by Grigsby, but ultimately failed.  

Singh then introduced a motion to not adopt any version of the public camping ban ordinance after clarifying if the action was feasible. Grigsby seconded the motion. 

“Let’s bury it,” Singh said. 

The motion passed 4-1 with Mayor Erik Altmann dissenting.

Khadja Erickson, the executive director of the Mid-Michigan Resource Center, organized the “sustained effort” in resistance to both ordinances. Erickson expressed disappointment in the adoption of the loitering ordinance, saying there were additional steps to be taken, but was proud of the actions taken regarding the public camping ban. The organizer expected the council to adopt the revised version of the ordinance instead of killing it entirely.

“We all came ready for a complete and total defeat,” Erickson said.