Missoula residents frustrated about camping law in parks (2024)

When two portable toilets popped up across the street from the home of David "Doc" Moore on July 25, he thought there could have been a kids' camp or maintenance work in the area.

It wasn't until one of his neighbors called the city when he found out that Bellevue Park, which he sees from his front window, was listed on the city's website as one of several areas for overnight camping in Missoula's parks.

"No one ever came to our door and said there would be a homeless camp across the street," Moore, a former state legislator, told the Missoulian on Monday.

The frustration over the toilets led Moore and other residents near Bellevue Park in Ward 4 to post signs, padlock the stalls and call the city to halt any plans to use the park as an overnight refuge.

Several neighbors argue that Bellevue Park, on the valley floor near Missoula's South Hills, is away from most homelessness services and frequented by children. They also claim allowing people to camp there could lower their property values.

Courtney Romocki, whose house looks over the park, placed a pamphlet at the entrances with information on the new law and contact information for Mayor Andrea Davis, and Ward 4 councilors Amber Sherrill and Mike Nugent.

She told the Missoulian that the city should rescind the new law, or at least ban sleeping in parks.

"It just felt sneaky by the city," Romocki told the Missoulian Monday.

A different sign that circulated on social media falsely stated that ward 6 Councilor Kristen Jordan authored the law. Generally, confusion has spread around what Missoula's new urban camping law allows and what it doesn't.

The goal of the map was to provide examples of available camping space in each city ward, according to city Communications Director Ginny Merriam. Contractors for the cityhave placed several portable toilets around the listed parks in anticipation of people camping there.

The large outcry likely contributed to the removal of portable toilets at Bellevue Park within the last few days, but city staff said the lack of restrooms does not mean the site cannot be used for sleeping.

"Just because the toilets are gone doesn't mean people can't sleep there under the current law," Merriam said.

Confusion over rules

Bellevue Park is one of 10 sites listed on the city's camping map, but Merriam told the Missoulianthe listed locations do not represent all areas where people can camp.

According to the new urban camping law, people can camp on most city properties as long as they follow the time constraints, buffer zones and other rules within the law.

Merriam said there has been general confusion over potential encampments after portable toilets appeared at several parks across the city.

The timing of the new law was poor, she said, as most city workers became entangled responding to storm debris cleanup as the city was working to implement it. She said most of the toilets were placed in temporary spots to be moved later.

What Merriam emphasized is that these parks will not be "encampments."

"The city is not putting encampments anywhere," Merriam said, adding the intention of the law is to prevent large encampments.

People must pack up their belonging each morning by 8 a.m., which Merriam said is intended to keep the area clean and limit damage from a permanent camp.

And while Bellevue is listed as one of the 10 example parks, people can sleep in any other park in the city if there is space outside of the buffer zones, with exception to Caras Park, McCormick Park, Westside Park, Rail Link Park, downtown Lion's Park, Playfair Park, Fort Missoula Regional Park and Jacob's Island Dog Park.

"In retrospect the map is intended to be 10 examples, but it is the truth that camping is legal in the city parks," Merriam said.

Previously, the city's law outlawed camping in any place, but staff said the rule was unenforceable with overarching legal restrictions from the U.S. 9th Circuit Court of Appeals. That law was overturned by the Supreme Court in June.

The city council said they created an approach with "compassion and accountability" to the new law by limiting where people can sleep, but not banning camping outright. The new law went into effect July 25 and can be read in fullon the city's website.

Merriam said the Missoula Police Department and Black Knight Security have started enforcing the law by handing out warnings to homeless people not following the rules.

Council could present tweaks

Some city councilors have expressed interest in removing Bellevue Park as a place where people can camp, while another councilor suggested the city should have the authority to approve camping park by park.

City Council President and Ward 4 Councilor Amber Sherrill the goal of the law is to limit large encampments and get more people into one of the two shelters in the city. She told the Missoulian that the process could get tweaked as problems arise at certain parks.

"There are some parks that will make more sense for this," Sherrill said on Tuesday.

The council could make changes to the law as soon as January, when the city slated a review of its urban camping rules.

Ward 4 Councilor Mike Nugent told the Missoulian he thinks Bellevue Park is not a great location because of its distance from services and the large visibility from the nearby streets and homes.

"It's just going to be exposed right on the corner," Nugent said.

The two toilets that were in Bellevue Park were removed within the last few days. Sherrill and Nugent said they both requested the toilets be removed.

Ward 5 Councilor Bob Campbell questioned the wording of the new law, arguing council should have the authority to approve parks to be “designated” for camping.

He said he was frustrated with the lack of communication on the map, as even he only stumbled upon it in with no previous notice.

"The way I read it, if it is designated it should come through us, as least as a heads-up to residents," Campbell said.

Meanwhile, the city council is in the middle of finalizing its fiscal year 2025 budget, which includes a large increase to fund the new urban camping law. The council will meet next on Aug. 14 to debate different budget amendments.

Moore said he will continue to fight the city on the use of Bellevue Park for overnight camping.

"This isn't one of those parks where it is appropriate," Moore said. "They have to find an alternative."