WARREN, Ark. – Homelessness and public loitering have come to the forefront as an issue facing the City of Warren in recent years and decades. This growing problem was at the center of discussions during the Warren City Council’s regular monthly meeting on Monday evening, July 8, 2024, where District Prosecuting Attorney Frank Spain was invited to address potential solutions.
Homelessness affects countless communities across the United States. According to the U.S. Department of Housing and Urban Development’s 2023 Annual Homeless Assessment Report, approximately 580,000 individuals were experiencing homelessness on a single night in January 2023. This figure underscores the magnitude of the problem, which is not limited to metropolitan areas but is also prevalent in smaller communities like Warren.
In Warren, various incidents have highlighted the issue, attracting attention on social media and raising concerns about public safety and the misuse of public property. Residents have reported feeling unsafe, while local law enforcement has grappled with how to manage the situation effectively. Mayor Gregg Reep emphasized that the goal is not to punish those who are down on their luck but to provide necessary support for those struggling financially and with mental health issues.
“We are just running into problems,” Mayor Reep stated. “We’re hearing a lot from people about these individuals. The police department has told me, based on their observations, it’s a difficult thing to deal with.” The Mayor noted that the city is dealing with approximately 12 to 18 individuals at any given time throughout the year that are camping and loitering nearly around the clock in various sections of town, including downtown and on public property.
During his presentation, Spain referenced the recent Supreme Court ruling in City of Grants Pass v. Johnson. The Court held that local government ordinances with civil and criminal penalties for camping on public land do not constitute cruel and unusual punishment. Spain suggested that if Warren were to consider drafting a new ordinance to prohibit sleeping or camping on public property, the City should first seek legal guidance from the Arkansas Municipal League.
Spain also discussed alternative approaches, such as assessing whether individuals are at risk of harm from extreme weather conditions and exploring the use of drug and alcohol commitments, and mental health commitments. “For us to be able to pursue those types of commitments, the people have to be homicidal, suicidal, or greatly disabled,” Spain explained. He added that police can involve Delta Counseling for on-scene evaluations, with individuals potentially committed for treatment if found to be a risk to themselves or others. However, he cautioned that these treatments are often short-term, lasting as little as 72 hours.
Mayor Reep outlined specific issues the City has faced, such as individuals rummaging through dumpsters and locking themselves in park bathrooms, which has caused fear among residents, especially those who are walking by themselves on park paths or bringing children to play at the City Park.
Spain emphasized the importance of having “articulable reasons” for detaining individuals. “What occurred that led you to decide you needed to take this person into custody to get them screened?” he asked. He highlighted that Delta Counseling, contracted with the State of Arkansas, is supposed to respond within an hour for evaluations, 24 hours a day.
Spain advocated for community policing, where officers engage with the community daily, checking on individuals’ well-being and building rapport. This approach, he suggested, could help address the problem more effectively.
Mayor Reep noted that while the City has managed to get several individuals in front of judges for mental health treatment, they often return to the streets shortly after. He pointed to the fact that some of the options the City currently has at its disposal involve charging individuals with crimes that are only misdemeanors. That puts the City in a difficult position, because the City is likely to not receive any fine that is levied, and the individuals are simply back on the streets within hours or days.
“The laws, as they are now, are just not sufficient to deal with the problems we are currently facing,” said Mayor Reep. He went on to tell Saline River Chronicle following the meeting that some of these people likely need long-term, serious treatment. That can only be ordered by a judge. Mayor Reep also noted during the meeting that he has personally spoken with several of these individuals and it is clearly evident in his opinion that some are suffering from mental health issues.
There was discussion about the potential need for hiring a police department staff member specifically trained in mental health evaluations, or expanding the police force. Mayor Reep stated that the City already is stretched to fill its current police department roster.
“I don’t think any of us are particularly wanting to criminalize people that are having mental health issues or even substance abuse issues,” Mayor Reep stated. “We’re trying to figure out how to get them help, and not where they’re on a revolving door basis.” He mentioned instances where individuals were sent to the State Hospital in Little Rock for two weeks, only to return to Warren and continue living on the streets or trespassing on private property.
Spain suggested that the City connect with non-profits and churches that provide assistance to those in need. Mayor Reep told Saline River Chronicle after the meeting that he is exploring potential organizations that specialize in community support services.
However, a significant challenge remains: some individuals have refused assistance, including offers of proper shelter. This refusal complicates efforts to provide help and improve public safety.
Homelessness is a complex issue that extends beyond Warren, affecting communities nationwide. While Monday’s City Council meeting did not produce an all-encompassing solution, it marked a critical step in addressing the problem locally. The discussions highlighted the need for a multifaceted approach, including legal guidance, mental health resources, community policing, and collaboration with support organizations.
It’s clear that the City of Warren and the Warren Police Department are a bit hamstrung when it comes to being able to police many of these situations. The City has limited options at the moment to effectively put a stop to the problem, but Mayor Reep says the City is going to look closely at how they can beef up local ordinances to perhaps force some action.