Over the summer, activists set up “Camp Liberation Stakes” outside the Saratoga Springs City Hall to protest a controversial camping ban. Four of those activists appeared in Saratoga Springs City Court Thursday for allegedly violating the new law.
In July, days before the summer horse racing meet began at Saratoga Race Course, the five-member city council passed an ordinance titled “Camping Prohibited on Certain Public Property," which bans sitting and lying on city sidewalks and public lots. The city has long dealt with a significant unhoused population.
The ordinance itself was met with backlash from residents who argued it criminalized poverty and homelessness – while no criminal penalty is attached, after an initial warning violators can face up to a $250 fine.
Public Safety Commissioner Tim Coll, who won his seat in 2023 with GOP backing, says the measure, which he proposed, is a way to push those living on the streets to local service providers. Those charged under the ordinance are first referred to the city’s outreach court.
With the camping ban in place in August, a handful of activists set up tents outside City Hall, dubbing it “Camp Liberation Stakes.” Five people ended up being charged under the ban, with their cases ultimately landing four of them in Saratoga Springs City Court, where they appeared before Judge Jeffrey Wait Thursday.
Ahead of the appearance, Dio Kaufman reiterated the belief the ordinance is being used to unfairly target poor, disabled, and homeless city residents.
“But it is clear the same people are being targeted and ticketed repeatedly and at no point has this resulted in anyone becoming less poor, more housed, or more supported,” said Kaufman.
Bebhinn Francis is an organizer with the National Union of the Homeless.
“These anti-poverty policies are not helping anyone. It is prolonging people’s experience with homelessness. They go into a facility, they go back out, they are still homeless. This is not a solution, this is just making things worse. We need housing first solutions because if you get somebody into housing like I got into housing, my health conditions did improve dramatically,” said Francis.
New York Civil Liberties Union Captial Region Chapter Director Melanie Trimble says the city should try a more creative approach to supporting unhoused residents.
“Providing affordable housing, accessible and voluntary services and eviction protection are just a few ways that Saratoga could work towards a more permanent solution. It’s long overdue that Saratoga begin its long-promised, permanent, 24/7, year-round, low-barrier shelter. It is clear the existing shelters in this city are not adequate to provide these services. We call on Saratoga to rescind this inhumane camping ban that treats unhoused people as criminals,” said Trimble.
Two years ago, a task force provided several potential sites for a permanent, low-barrier shelter, but the city has not yet moved on their recommendations.
In court, City Attorney Toni Izzo maintained that each of the four remaining defendants could accept offers of adjournment in contemplation of dismissals – if they refrain from breaking the camping ordinance for 6 months, the charges would be dropped.
Defense Attorney Mark Mishler explained why his clients rejected the offer.
“So, this is not just an intellectual exercise. The city of Saratoga Springs has decided to enact an ordinance that we believe is unconstitutional. And they are using this ordinance in ways that, in fact, do harm people. And certainly have the intent to continue doing that. So, these courageous people have decided that they’re willing to put in the time and effort to say ‘this is wrong, and we’re not going to stand for it, and we’re going to fight this out,’” said Mishler.
Pre-trial motions are due by December 9th.
Commissioner Coll declined to comment.
