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Legal Aid of Southeastern Pennsylvania (LASP) and local service providers are trying to ensure that “Tent City” residents don’t have their belongings discarded during an upcoming sweep on Jan. 2.
“Most people experiencing homelessness do still have their Fourth Amendment protections,” LASP staff attorney Charles Burrows said. “People are entitled to their belongings. And when it comes to things like encampment sweeps, there’s protections that come along with that and those are still in place.”
The Fourth Amendment protects people from unreasonable searches and seizures. Yellow signs posted on Norfolk Southern Corporation property, where Tent City is located, warn that all unattended items will be disposed of.
Right now, there are countless tarps, tents, bikes and other property.
“The law says that people need to have the opportunity to store their belongings and some sort of reasonable way to access those belongings as well,” Burrows said.
Norfolk Southern referred WHYY News to Reading-based homeless service provider Opportunity House for information about storage accommodations.
“We had discussed offering a storage space for those who need it, but so far [there] have been no takers,” said Modesto Fiume, president of Opportunity House.
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Norfolk Southern is leading a collaborative endeavor alongside Opportunity House and other partners to clear the area and offer temporary housing through the winter at a nearby Days Inn. Fiume said it is not a “stop gap measure” nor a “setup” that will just lead people back to the same encampment in the spring.
“This is the first step of what we hope will be a long-term solution to addressing the needs of this population,” Fiume said. “They certainly don’t want to return to the camps, and we plan on coming up with a better solution. Maybe that’s why they don’t need storage. They probably want to put that part of their lives behind them.”
There are 20 hotel rooms available for 40 unhoused people. Intake began several weeks ago. Many people have already gotten rooms.
However, one unhoused resident told WHYY News that he felt uneasy moving to the hotel after witnessing a handful of arrests of people with active warrants.
“We’ve been hearing a lot of the same stories, anecdotally from folks that have been staying there and from folks that are doing this work, like the social service agencies and such,” Burrows said. “So we’re aware of it. I can’t really speak too much of what’s going on with that. That’s something where we’re also trying to investigate ourselves.”
It’s unclear who the arresting agency was. The Montgomery County Sheriff’s Office did not respond to a request for comment.
Effects of City of Grants Pass v. Johnson on Pottstown encampments
The U.S. Supreme Court’s decision in the City of Grants Pass v. Johnson in June has complicated the fight to halt the clearing of homeless encampments in Pottstown.
While the Grants Pass decision likely would not have affected this particular sweep on private property, the case has had a major impact on Pottstown. LASP participated in a case in 2023 against the borough, which sought to dissolve an encampment on public property near the Schuylkill River. A federal judge handed down an injunction stopping the borough’s efforts.
The Supreme Court decision, however, nullified the injunction, giving Pottstown the green light to continue its plans. Burrows cannot say for sure how many sweeps the borough has carried out since then, but he’s certain it has resumed.
Pottstown did not immediately respond to a request for comment about how many sweeps the borough has conducted on public property in recent months.
“Grants Pass did really change the way that we look at this work and how we approach it but that doesn’t mean it’s ended either. We do still have ongoing litigation with Pottstown,” Burrows said. “We were able to have the opportunity to amend our complaint, as obviously, a lot of the case law and the arguments we were making prior to Grants Pass are no longer valid with the shifting laws. So we’ve been given the opportunity to kind of present new legal theories and new arguments that we can present and that’s still ongoing.”
Burrows said it is promising to see the borough soften its stance on the construction of a local shelter. Home to more than 860,000 people, Montgomery County does not currently have a 24/7 shelter for single adults.
Pottstown Beacon of Hope is hoping to open a shelter in 2025.
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