The city of Sioux Falls is looking into implementing an ordinance that addresses dwellings in public places and areas not intended for habitation.
While supporters say the ordinance is a public safety measure, opponents call it inhumane, claiming it targets the unhoused community.
The issue, said some city leaders, is that without a clear ordinance in place, the city fails to provide guidance to local law enforcement about what structures are allowed in places like parks nor how they can be utilized. They say it also fails to help unhoused people.
Chief Jon Thum said currently to exercise authority over parks, they use a combination of ordinances: injury to park property, littering and violations of hours the park is open to public. He told the city council typically, that third one has been the focus
"The reality is, for what we’re trying to do and what collaborative approach to meet people where they’re at, create timelines, attach them to services and get them where they need to be, 10 p.m. is not the time to do that," Thum said. "In the middle of the night is not the time to do that. It is not done under the cover of darkness when sometimes the effects of alcohol or other issues have taken place, it’s in the light of day.”
He added that in addition to addressing public safety, health and enjoyment of these areas, their intention is to connect unhoused individuals to the services they need and work on the root causes. At 10 p.m., the resources needed are closed or unavailable.
Kadyn Wittman is a Democratic State Representative. Speaking in public comment, she echoed the need for coordination during the daytime, but said this ordinance isn’t that solution.
“And I genuinely want to believe that every officer will use this ordinance only after exhausting every other option. And I do believe that most of them will. But I also know that once a law is passed, it becomes a tool," Wittman said. "And one that must be used with care, or one that might be used inconsistently without guardrails or guidelines, Laws must be written not just for best case scenarios, but for the realities that they will create.”
She added all stakeholders should be involved in this discussion, and include clear guard rails, guaranteed access to shelters and daytime coordination with outreach teams.
Others criticized the city’s use of funds targeting homeless individuals, including the marketing campaign against panhandling, benches with handrails to discourage sleeping on them and the fence outside the Bishop Dudley house.
While the city council advanced the proposed ordinance, some did so to “keep the conversation going.” A second reading takes place Aug. 12.
