KTNV -- CLARK COUNTY, NV — Clark County commissioners have directed county staff to draft up an ordinance that would crack down on homeless encampments by compelling the unhoused to accept services and get out of public rights-of-way or potentially face criminal consequences.
The motion was made at the Tuesday, Oct. 1 county commission meeting after a request from Commissioner Tick Segerblom to put the discussion on the meeting agenda. He said one catalyst for this discussion was the U.S. Supreme Court's recent decision in City of Grants Pass v. Johnson, making it easier for local governments to criminalize the unhoused for sleeping in public areas if local shelter beds are available. Segerblom also cited actions taken by other local municipalities to put stronger language in their ordinances addressing the unhoused community.
"I think it's important we have both the carrot and the stick," Segerblom said. He said the county has rehabilitation programs for those dealing with mental health and substance use issues, as well as other social services to get people back on their feet, but they're not always taken advantage of. That's something even our 13 Investigates unit has seen firsthand when they hit the streets with the City of Las Vegas's M.O.R.E. team in January and found most of the unhoused people the team encountered didn't want help. Advocates for the unhoused have long listed a variety of reasons for why that may be, including sobriety requirements some shelters may have.
"There's just people who are resistant to services but unwilling to leave neighborhoods and at the end of the day, our neighborhoods have to be safe. I think this is just a tool. I don't think it would be used very often, but I think it's something we ought to debate," Segerblom said.
Fellow commissioners echoed the sentiment of balancing compassion with a stronger approach to getting people off the streets.
"I do think we have to somewhat push them to make harder decisions," said Commissioner Marilyn Kirkpatrick, saying the threat of criminal penalty might compel more people to accept help. "I don't want to see them go to jail. I do want to see them get some services," Kirkpatrick said.
"This is a discussion that has to be had," said Commissioner William McCurdy, pointing to the county's efforts to increase access to affordable housing and other social services while acknowledging the need for more support for those struggling financially and mentally amid a rapidly rising cost of living.
A representative from the ACLU of Nevada spoke up during public comment shortly after this discussion, acknowledging the need to ensure public safety, but said what commissioners are discussing would take things too far.
"This proposed ordinance raised due process and equal protection concerns by explicitly targeting people who are experiencing homelessness from engaging in life-sustaining activities, such as sleeping, said Kaylah Maese from the ACLU of Nevada. "Not only does this risk subjecting the county to litigation, but it also risks personal liability for police officers who would then be required to uphold this ordinance. Law enforcement officers would be tasked with enforcing this ordinance on a case-by-case basis, leading to confusion and inconsistency."
The meeting on Tuesday did not discuss formal details or the language of what exactly the county's potential ordinance could look like, but once that language is made available, we will be sure to share it with you and continue covering this story.
Clark County leaders aren't the only ones considering something like this. The Las Vegas City Council is also soon set to consider amending its ordinance regarding camping in public rights-of-way by updating applicable enforcement and penalty provisions. City documents state this is also in response to the recent Supreme Court decision. Once that amended ordinance is formally brought before the council for discussion, we will report on those developments.
