(Petition Photo by Photography of Cassie Walker-Sleman )

When the South Bend’s Winter Weather Amnesty closed on April 30th, the country was already months into the COVID pandemic and our city, county, and state were under various levels of mandated quarantine. When Amnesty closed, no local shelter facilities were accommodating new houseless guests in order to prevent the spread of COVID to residents and staff. As a result of Amnesty closing, a group of houseless individuals set up tents on a private vacant lot with the owner’s permission. The owner allowed donated port-a-potties to be on the property, but soon after his name appeared in a local article, the owner rescinded his permission and the occupants of Tent City #1 were given an eviction notice. Tent City #1 was evicted and moved by 4pm deadline on Weds, May 20, 2020. Although advocates had contacted South Bend city officials, the police, and the Mayor’s office with their intentions to help relocate the tents across the street on a city-owned vacant lot, no entity provided any other location or recommendations for our street houseless to sleep. 

As you might be aware, there has been a legal precedent set by United States Court of Appeals for the Ninth Circuit in ROBERT MARTIN; LAWRENCE LEE SMITH; ROBERT ANDERSON; JANET F. BELL; PAMELA S. HAWKES; and BASIL E. HUMPHREY v. CITY OF BOISE, regarding 42 U.S. Code § 1983 as applies to the criminalization of the homeless sleeping in public spaces when alternatives are unavailable. It appears the sweep of Tent City #2 on May 26th violated the civil rights of our houseless residents. 

Notwithstanding, the sweep of Tent City during the COVID pandemic was contrary to CDC Considerations for Homeless Encampments . Between May 16th (when the owner of private property gave notice of rescinding his permission) and the sweep of Tent City #2 on May 26th, the houseless community went without toilet facilities or hand-washing stations. The donated port-a-potties were removed from the private lot on May 16th and the city never gave advocates permission to place them on the city lot thereafter. Again, this went against CDC guidelines.

On the morning of the eviction of Tent City #2, a local Health Department official indicated they had visited the site over the weekend to assess the health and safety of the lot and noted no port-a-potties, lack of hand sanitation stations, and human waste in the alleys. The Health Department official informed an advocate, that after the site assessment, recommendations were sent to the city by email with recommendations to allow the tent encampment to remain and to add port-a-potties and hand sanitation stations. None of this stopped the Mayor’s egregious use of police force to forcibly evict our most vulnerable residents, leaving them with no place to go.

The City of South Bend, Code Enforcement and the South Bend Police Department were not only negligent, but harmful, in sweeping Tent City #2 against CDC guidelines and local Health Department recommendations. These public entities, including our local Health Department and Jeff Rea, who was tapped as our city’s “COVID Response Coordinator”, were entrusted to protect the health and safety of all our residents. They failed in their official duties by also not providing PPE to the street homeless, failed to conduct contact tracing from the COVID-positive guests at the Winter Amnesty, the Quarantine Motel, and at either Tent City, failed to provide proper hygiene and sanitation facilities, and violated the civil rights of our houseless by criminalizing sleeping on city-owned property while lacking accessible alternatives. Instead of providing the volunteers and occupants of Tent City with the much needed help which was repeatedly requested, the City of South Bend sent one of the largest police presence in our history with over 70 officers. This was a shocking use of city police resources and an excessive show and use of force against 8 activists and our most marginalized residents, the unsheltered. 

It's been over a month since Tent City #2 was forcibly swept by the city. The Special Task Force, re-formed by the Common Council to find solutions, have yet to even have a meeting. There appears to be no sense of urgency from the Mayor's office, either. 

At this time, the Monroe Park Neighborhood, Doulos Church, Michiana Five, Home for Tracy, Food Not Bombs, NIA, Friends of the Catholic Worker & Our Lady of the Road, Broadway Church, other non-for-profits, and individual advocates are carrying the burden of providing resources for the displaced Tent City #2 occupants, handling the day-to-day challenges and public health and safety issues which come with unsheltered, vulnerable residents. It’s time for the CITY OF SOUTH BEND and MAYOR MUELLER to step up and take immediate action!

The City of South Bend has an abundance of funding (HUD grants​, CARES money) to take immediate action to protect and care for our houseless population. This is our call to action, please consider signing the petition to pressure the Mayor and the City of South Bend to address the immediate needs of our unsheltered by reopening Weather Amnesty and with providing hand washing stations and porta potties in areas accessible to the unsheltered. 

Together, we can! 

We are asking Mayor James Mueller and South Bend's Common Council to take these immediate action steps:

1. Reopen Salvation Army storefront as emergency housing - a Bridge Bed Program
2. Issue a Request for Proposals (RFP) to staff it
   Follow CDC Guidelines
3. This would include placement of portable toilets and handwashing stations on public property so that they are available to everyone
4. Make PPE available to the unhoused on a regular and consistent basis
5. Hire trained street outreach workers immediately using Cares Act funds
6. Hire a city South Bend Service Coordinator for the Unsheltered

We are asking for your help as a citizen to stand in solidarity with our unhoused citizens. Please sign and share this petition! 

(The petition photo is Will Binion, an occupant of Tent City #2, and activist Tonna Robinson being arrested by SBPD during the forcible eviction on May 26th)