Homeless advocates: APD notice of removal of camps before impending storm 'horrific'

Sarah Honosky, Asheville Citizen Times
·8 min read

ASHEVILLE- Temperatures drop, storms roll in and homeless encampments face removal. The pattern isn't new to BeLoved Asheville co-director Amy Cantrell, but that doesn't make it any easier.

As Hurricane Ian prepared to bring heavy rain and wind to Asheville last week, several encampments along I-240 were given notice by the Asheville Police Department of their impending removal.

An hour before the storm came on Sept. 30, Cantrell said she watched police gather at a camp under the Lexington Avenue bridge.

“All over, we were seeing people packing. Not to get out of the storm, but to move," Cantrell said. “People are literally scrambling. We saw people trying to move things in shopping carts and trash bags. There were no shelter options for folks.”

APD spokesperson Bill Davis said the camps along I-240, specifically those near Haywood Street Congregation and the Merrimon Avenue overpass, were given notice. He did not say when this notice was given, just that it was provided in "ample" time.

When will Merrimon Ave. road diet begin? NCDOT announces October start date

Read this: Asheville mutual aid volunteers face 'absurd' felony littering charges, lawyer says

"Given the size of the camp and the fact that APD's Community Unit has no officers, APD wanted to give them more than a 24-hour notice that the cleanup by NCDOT will occur," Davis said.

"APD officers have been stopping by various sites along DOT property by (I-240) and reminding folks that the cleanup is pending. That way when the cleanup occurs, it will be less of a staffing burden. Many of the campers thus far have decided to pack up and leave ahead of time."

N.C. Department of Transportation will clear the camps early this week, Davis said.

According to a statement from Chris Deyton, Division 13 maintenance engineer with NCDOT, their crews only begin the litter pickup and area restoration after the area is vacated.

"We will continue to work with our local partners who have the training, resources and expertise to help people living in the encampments," Deyton said.

Davis could not comment on why the notice was given so close to the impending storm.

"These have been recurring issues that we’ve had over in that particular area, as well," Davis said. "They come, they go. ... We’re enacting the policy.”

The policy referenced by Davis is a February update of a 2014 homelessness policy. In the update, APD did away with its seven-day notice. In its place is a 24-hour notification.

Asheville police release new homeless policy: only 24-hour notice before camps cleared

According to Asheville city code, no tents or shelters are permitted on city property. Violation of the provision is a misdemeanor.

If an encampment is on private property, according to the department's policy, officers must attempt to contact property owners and determine if individuals are trespassing. If property owners cannot be contacted, the officer will defer to the N.C. General Statute regarding first and second-degree trespassing and "take the appropriate enforcement action."

Of the impending encampment removals, Davis said the department is just trying to "comply with policy and law."

“Anytime there is an encampment, the policy is what we use," he said. "That’s the way it works.”

According to Asheville's point-in-time count, completed Jan. 25, 637 people were experiencing homelessness, 232 of which were unsheltered.

On Oct. 3, only one tent remained under the Lexington Avenue bridge, tucked against the chain link fence. Visible from off I-240, up the steep bank abutting Haywood Street Congregation, about four tents sat at the top of the hill. Residents were packing up and said they had been asked to leave.

Previous coverage:

"Horrific," is the word Cantrell used to describe the timing. She wondered why notices of clearings would begin right before a storm.

“There’s literally nowhere they can go," she said. "That is the alarm bells in our community, that we don’t have enough shelter, and there is nowhere that people can legally be, and so they are constantly being uprooted.”

Though Asheville received heavy rain the night of Sept. 30 but avoided the worst of Ian's impact as the hurricane moved east, Cantrell said it was still a concern at the time notice was given, and that there were not additional shelter options made available.

“We’ve watched hurricanes in the past, and it’s a similar experience: there not being an expansion of shelter ahead of these weather-related emergencies that we’re going to be seeing more and more with climate change," Cantrell said. "We absolutely need to desperately have that conversation."

Emily Ball, Homeless Strategy Division manager with the city, said she met with shelter providers ahead of the weekend. Additional capacity plans were not made based on the forecast at the time.

“I do think we certainly need to have some community conversation about expanding Code Purple to include additional weather events, so we’ll be working with (the Homeless Initiative Advisory Committee) on that," Ball said.

Mike DeSerio, outreach program manager for Homeward Bound, said when it comes to camp removal, there isn't much new to say.

“It’s relocating people, it's dispersing people, but it’s not necessarily solving anything," DeSerio said. "People are just bound to camp somewhere else, so there’s not an active solution yet.”

The city of Asheville contracts with Homeward Bound for street outreach services. DeSerio said his team does not issue notices, but doing outreach to connect unsheltered people with resources and get them onto waiting lists for housing and shelter.

In response to questions ongoing encampment removal, city spokesperson Kim Miller said the city's first step is to ask city-funded outreach staff at Homeward Bound to "respond to offer services and problem-solve."

"If health and safety concerns continue after that, Transportation, Public Works, and APD work together on further steps to resolve the issues, including but not limited to relocating people who may be trespassing or breaking other City ordinances and facilitating the clean up of campsites," Miller said in a written statement Oct. 3. "The City is actively recruiting police officers to fill key vacancies to assist with enforcement and increase safety downtown and throughout the City."

In other news: 10 miles of Asheville greenway completed with new RAD section open near New Belgium

Noise ordinance 1 year later: After fervor of the 2021 vote, where is Asheville now?

Code Purple finds its footing

While "inhumane" camp clearings continue to be a point of tension in the community, Kevin Mahoney, co-chair of the Asheville-Buncombe Homeless Coalition, said he still has "hope and promise in my heart."

In large part, because of this year's Code Purple plans, which will not only begin more than a month earlier than last year, but represents a 42% increase in available beds.

The Homeless Coalition calls Code Purple when temperatures are expected to drop below 32 degrees. When called, area shelters and other organizations open emergency shelter overflow to the hundreds of people experiencing homelessness in Asheville.

Last year, Code Purple officially began Dec. 1. This year, Code Purple will begin Oct. 15 and run through April 30.

Salvation Army and ABCCM, two historic Code Purple providers, will offer expanded shelter − a combined 111 beds versus last year's 78, according to Ball.

A few community faith organizations, such as Trinity United Methodist Church in West Asheville, which opened as a winter shelter last year, may also be offering beds or services, though Mahoney said the extent of their involvement is still being fleshed out.

Cantrell said she was very happy to see a more intentional Code Purple process, one that will move forward quickly. She noted, however that there are still not enough beds for everyone who is unsheltered.

On top of about 100 beds of Code Purple between both Transformation Village and Veterans Restoration Headquarters, ABCCM is offering an additional 30 beds of winter shelter to begin in November. These overflow beds will be available nightly, regardless of whether Code Purple is called.

Related: Asheville's winter homeless shelter demand 'will be overwhelming,' preparations underway

More: Number of homeless people in Asheville up 21% since 2021, unsheltered number doubles

Tim McElyea, Homeless Services director with ABCCM, said there's a "big, big need in the community," and "we're trying to step up in a big way and meet that need."

ABCCM will also provide shuttle pickups to Code Purple sites and Asheville Rides Transit will provide free transportation to sites when Code Purple has been called.

Mahoney noted a number of other improvements, such as a dedicated website, and Code Purple announcements to be posted on billboards and sent out through a text blast.

“It’s kind of up to us. We can blame the county, we can point fingers at the city, but it’s up to us as a community to help take care of ourselves. I feel strongly about that," Mahoney said. “It’s super necessary. You just have to do it.”

The Code Purple plan for 2022-23 was developed by a dedicated workgroup, made up of shelter providers, Mahoney, Cantrell, Ball, an Asheville Police Department and Mission Hospital representative and other stakeholders.

“I’ve heard from several providers that this is the best plan we’ve had, and the earliest plan ... it is a really clear picture of how effective community collaboration can be,” Ball said. “I feel like we’ve got a lot of work to do in our community, and also I feel like we are building some really good momentum and having the right conversations, at the right time with the right folks. We’re starting to head in a really good direction.”

Sarah Honosky is the city government reporter for the Asheville Citizen Times, part of the USA TODAY Network. News Tips? Email shonosky@citizentimes.com or message on Twitter at @slhonosky.

This article originally appeared on Asheville Citizen Times: Asheville I-240 encampments to be cleared; Code Purple begins Oct. 15