Bloomington posts 30-day deadline for encampment near Rail Trail, cites fire safety risks
On Monday this week, the city of Bloomington posted a 30-day notice to vacate the area at homeless encampments along the Rail Trail south of Country Club Drive and north of Gordon Pike.
That was a day before a storm blew through Monroe County, downing trees, powerlines and damaging several houses.
It will be the fourth significant encampment closure since the start of the year, when Bloomington mayor Kerry Thomson first took office. The first came in early January, at a city-owned property on the northwest corner of the intersection of Fairview Street and Patterson Drive. The second closure came at the end of January, on a wooded stretch of city-owned property behind Wheeler Mission.
The third encampment clearance came in early May on public and private property at the southwest edge of Switchyard Park.
The city’s uReport system includes complaints in the last few weeks about encampments in the area of the Rail Trail where the city posted notice on Monday.
The uReport complaints mention open burning and bonfires, as well as noxious fumes, due to burning of vinyl , and verbal and physical altercations.
City of Bloomington communications director Desiree DeMolina responded to a B Square question about the specific impetus for closing the Rail Trail encampments by writing, “Safety concerns stemming from fires are a major concern in this camp.”
Based on aerial photographs in the Monroe County property lookup system, some of the encampments near the Rail Trail have been in place at least since spring of this year (March 11, 2024). The city estimates 15 to 20 people are currently living in the encampments, according to DeMolina.
On Monday evening, a camper told The B Square that notices had been posted saying they had to leave their campsites within “a month.” DeMolina confirmed to the B Square that notices had been posted on Monday (June 24) with a deadline of July 24.
[Updated Sunday June 30, 2024. Responding to an informal request, DeMolina provided to The B Square a copy of a 72-hour notice that was posted at the Rail Trail. And the city’s legal department responded to a formal records request under state law by producing a copy only of the same 72-hour notice of trespass. Bloomington mayor Kerry Thomson confirmed on Friday to The B Square that it was the 72-hour notice, prepared by the legal department, which had been posted, but campers were told they had 30 days to leave. She indicated this this is not the city’s intended procedure. Thomson indicated that the legal department had now been directed to prepare 30-day notices for the future.]
[Updated Friday, July 5, 2024. City communications director Desiree DeMolina has provided three photographs of 30-day notices posted at the encampments with a date of July 3, 2024: Photo 1, Photo 2, Photo 3.]
A general Bloomington police order on homeless encampments sets the timeframe for notice of clearing encampments as 72 hours.
Responding to a question from The B Square, DeMolina indicated that the Indiana Continuum of Care Region 10 (South Central Housing Network) encampment closure guidance, which was endorsed by SCHN advocacy members on May 11, 2023 states that best practice for notice of closing an encampment is 30 days.
DeMolina added that when there are pressing safety concerns, camps can still be closed on the 72-hour timeline.
The specific parcels named by DeMolina for the location of the encampments that were given notice on Monday are owned by the city of Bloomington utilities service board (USB). The Rail Trail itself is owned by the city of Bloomington parks and recreation department. At least some of the land in question looks like it straddles the city limits of Bloomington.
To find another place to live by a month from now, the people living along the Rail Trail will at least in part rely on caseworkers from local nonprofits for help. DeMolina indicated that service providers and their caseworkers have been kept informed about the posting of the notices.
DeMolina continued, “Their resources are currently limited, and they are experiencing a heavy caseload.” She added, “The amount of time they can allocate to this issue is uncertain at the moment. Ideally, with no other limitations, a full-strength team [of service providers] would consist of nine individuals.”
Caseworkers at encampment closures earlier this year have told The B Square that the closure of an encampment can mean a disconnection from clients they have served for a long time, and considerable effort to rebuild that connection.
A recent letter sent by Bloomington’s city council to Bloomington mayor Kerry Thomson includes as a budget priority temporary housing options besides current overnight shelters. From the June 18 letter: “Fund one or more safe temporary housing options other than overnight shelters, such as safe parking area(s), designated camping area(s), or Single-Room Occupancy building(s), including any associated staffing needs.”
Responding to a B Square question about the city council’s letter and the city’s posting of notices for the Rail Trail encampments, DeMolina wrote, “We have not ruled out any options, but each one requires time to implement and coordination with multiple partners. In the interim, we must continue to address safety issues.”
[Updated on June 28, 2024 at 11:50 a.m. On Friday, the United States Supreme Court, in a 6–3 opinion, reversed a lower court opinion, and concluded that local laws prohibiting camping in public places are not a violation of the cruel and unusual punishments clause of the Eighth Amendment of the U.S. Constitution. Here’s a link: SCOTUS ruling on City of Grants Pass v. Johnson.]
