In a pivotal work session held on May 14, 2025, the Hampton City Council convened to discuss a proposed ordinance aimed at regulating camping and the storage of personal items in public spaces. The session, marked by a presentation from Senior Deputy City Attorney Brandy Law, highlighted the need for updated regulations in light of recent U.S. Supreme Court rulings that have reshaped the legal landscape surrounding such ordinances.
Law began her presentation by referencing the landmark case of Johnson v. Grants Pass, which challenged the constitutionality of anti-camping laws. The Supreme Court ruled that laws prohibiting camping on public property do not violate the Eighth Amendment, provided they apply to all individuals, not just the homeless. This ruling has opened the door for local governments to implement regulations that can encourage outreach and access to services for those in need.
The proposed ordinance would prohibit camping, sleeping, or storing items on public property, with specific definitions provided for terms like "camp" and "store." Notably, the ordinance includes exceptions for authorized uses and does not apply to beachgoers during open hours. Violations would be classified as a Class 1 misdemeanor, punishable by fines or jail time, although the intent is to promote compliance rather than punishment.
Council members engaged in a robust discussion about the implications of the ordinance. Questions arose regarding the enforcement of the law, particularly concerning private property and the responsibilities of property owners. Councilwoman Campbell raised concerns about individuals moving to private lots after being displaced from public spaces, while others discussed the potential for littering and the need for clear definitions within the ordinance.
The council expressed a desire for clarity on what constitutes a "reasonable time" for individuals to comply with warnings before enforcement actions are taken. Additionally, there was a consensus on the importance of providing resources and information to those affected by the ordinance, ensuring they are aware of available services.
As the meeting concluded, it was clear that the proposed ordinance would be revisited in June, allowing for further refinement based on council feedback. The discussions underscored the delicate balance between maintaining public spaces and addressing the needs of vulnerable populations, setting the stage for ongoing dialogue in the community about homelessness and public safety.