NJ city delays vote on jailing of homeless people living in encampments

Officials in Summit, New Jersey, voted Tuesday to delay their vote on a controversial ordinance that would allow the city’s police department to jail homeless people who camp in public spaces.

The measure faced widespread outcry from residents at a packed public meeting that carried over into the early hours of Wednesday.

Mike McTernan, president of Summit's Common Council, said councilmembers would seek further advice from attorneys after questions were raised about the measure's legality under state law.

Republican Councilmember Jamel Boyer introduced the ordinance earlier this month after he said a man who was panhandling in Summit pulled a knife on his 11-year-old daughter when she did not give him money. If passed, violators could face a fine of up to $2,000 or up to 90 days in jail. At least four municipalities in New Jersey have passed similar laws in the wake of a 2024 U.S. Supreme Court decision upholding a law in Oregon that banned homeless people from using blankets, pillows, and cardboard boxes for shelter and protection.

“I think the residents of Summit would all agree that we don’t want a tent city in our village green,” said Mayor Elizabeth Fagan, a Republican, at Tuesday’s meeting. She added that the ordinance was part of an effort to address an influx of calls to the city’s first responders about public intoxication, urinating in public and isolated instances of street violence.

Local lawmakers faced hours of public testimony, with most speakers opposing the proposal. Residents warned that the threat of jail and fines would make it harder for homeless outreach workers to earn people's trust and would jeopardize the work of a city task force that's been placing unsheltered residents into housing. Those who spoke in favor of the measure said they often no longer felt safe in parts of the community.

Claire Toth, a Democrat on the Summit Council, accused the Council’s Republican majority of rushing ordinances without due diligence and consulting with experts.

Boyer introduced an amendment to remove the word “sleeping” from the ordinance and replace it with the term “temporary habitation” of a public space as an arrestable offense. The amended ordinance states that police would have to give someone found to be in violation two hours of advance notice to clear their belongings before issuing any charges.

“The fact that they're trying to change the ordinance that was introduced three weeks ago on the fly and then immediately amend it shows that it is fatally flawed and it should simply be pulled and we should start over,” Toth told Gothamist.

Earlier this year, Summit’s homelessness task force received national praise for its approach to tackling the issue. Richard Uniacke, the head of homeless services organization Bridges Outreach, said the partnership among local officials, first responders and nonprofits has helped secure housing for more than 50 people in the past two years.

In a statement, Uniacke called the ordinance “incongruous to the approach which garnered national attention,” but said he remains hopeful that Summit’s leadership and the task force can continue working together.

“My sincere hope is that the city’s ongoing work with both the Mayor’s Task Force on Homelessness and the Department of Community Affairs will result in a version of the ordinance which can coexist with their model effort rather than significantly undermine it,” he said.

New Jersey jurisdictions including Millville, Keyport, Howell and Hammonton have enacted similar measures to crack down on homeless encampments in the past year. Officials in Newark, Paterson and Morristown have recently rejected such actions following public outcry.

Summit’s Common Council is now scheduled to vote on the homeless encampment ordinance on May 6.