Homeless not violating law by hanging out at Courthouse Square

Morganton’s homeless population is always more visible during the summer months than during cold weather, and some unsheltered people can often be seen hanging out on the square at the Historic Burke County Courthouse.

Their presence — and occasionally disruptive behavior — may be unsettling to some, but unless they’re breaking the law, they have just as much right to occupy that particular space as anyone else.

“It's a public space. It's not even a park,” said Morganton City Manager Sally Sandy. “It becomes difficult when you get to a space like this. The behavior has to rise to a level that it starts to fall within the public safety system and violates any laws. We can't mark that property as ‘private trespassing.’”

Sergeant Eric Connor of Morganton Public Safety said more unsheltered people are taking refuge in the square since Burke United Christian Ministries — only a block from downtown — has stopped allowing people to congregate at the mission unless they are receiving services.

“It (activity at the square) has definitely picked up,” Connor said. “People will go out there and sit, waiting for other shelters to open. It seems like that has become a new meeting place as the mission shelter has stopped them from being on property unless they are receiving services, and the same problems they had there have migrated towards the square.”

Calls concerning the homeless population have included complaints of public urination and defecation, drug use, consuming alcohol illegally, and fighting. There was one recent call about a firearm, but responding officers never located the weapon.

There have been a few fights, and one subject challenged officers in the middle of the street before being arrested. Some individuals have exhibited signs of drug use such as the shambling gait Connor called the “zombie walk.”

Overall, however, calls concerning the homeless are not out of line with historic trends. As is nearly always the case, calls for the month of June — 206 as of the end of last week — have been higher than in cold weather (128 in January), but not as frequent as last July (232). “It’s about where it usually is,” Connor said.

The homeless have been in the national news lately after the U.S. Supreme Court last Friday ruled in favor of an Oregon town, Grants Pass, that issued tickets to people camping in public.

The “anti-camping” ruling has the potential to change the way law enforcement across the country deals with the homeless. Opponents say it criminalizes homelessness.

Morganton Public Safety Director Jason Whisnant said camping typically isn’t a problem in Morganton.

“We are currently reviewing SCOTUS’ ruling on Grants Pass and the impact on us locally,” Whisnant said. “Whereas we have not seen much of an issue with the unsheltered, camping on public spaces such as sidewalks and the courthouse square, like many other communities, we do feel that public spaces should be policed, clean and orderly.”

In response to recent complaints, Morganton has closed down the bathroom on the square except for events like the weekly TGIF concerts. Connor said live cams trained on the area allow officers to closely monitor activity there.

Bike officers have upped their patrols, and members of the department’s Community Services Division are making themselves more visible downtown.

Meanwhile, the city is getting some help from the Western Piedmont Council of Governments (WPCOG).

“They (WPCOG) have several folks who are specifically assigned in trying to deal with homelessness and reach out to the region's communities,” Sandy said, “to individuals who are willing to accept the help and who want an opportunity to get out of the situation.”

Sandy said the city also works with caregiving organizations and the Burke Substance Abuse Network (BSAN), as well as supports the town’s homeless shelters in efforts to reduce unlawful behavior.

“We support our shelters by giving yearly grants to nonprofits,” she said. “We have supported BUCM many times, with dollars to help their programs and initiatives.”

Connor added the public is urged to call Public Safety (828-437-1211) with reports of illegal activity.

“We’re doing our best, and the community helps us fill in the gaps,” he said. “We appreciate their help.”

Marty Queen is the senior reporter for The Paper. He may be reached at 828-445-8595 or marty@thepaper.media.