Submitted by Bangor Local Council
Issue:
Following the U.S. Supreme Court’s Grants Pass v. Johnson decision, city and town municipalities can now enforce anti-camping ordinances, even where no shelter is available. This decision removes federal constitutional protection. It transfers responsibility to local municipalities which allows them to decide whether or not to enforce this rule which will have a direct negative impact on people who must rest or are unhoused.
The Consumer Council System has received credible peer reports detailing how current practices, especially in cities like Portland and Bangor, impact medically fragile individuals, people with disabilities, and unhoused residents. The denial of access to shaded rest areas, public benches, or safe places to nap poses barriers not only to basic dignity, but also to medical and service engagement.
For example:
• A housed peer living on the third-floor reports being displaced from shaded park space during the day, despite needing it for medication side effects and poor indoor air circulation.
• A peer with physical disabilities notes a lack of legal and accessible rest locations along fixed bus routes, impeding basic transportation access.
• A shelter resident reports needing to nap outdoors during daylight due to fear and sleep disruption at night and was displaced from a public library area. This has worsened their mental health and reduced their ability to engage with services.
Recommendations:
The Council urges state agencies, municipalities, and service providers to adopt consistent, humane standards that balance public access, individual rights, and logistical realities.
We recommend:
1. Adopt policies similar to Portland’s proposed ordinance:
– Minimum 7-day notice prior to encampment removal.
– Public hearing opportunity.
– 90-day storage of removed belongings.
2. Avoid punitive enforcement unless adequate shelter and medical access are available.
3. Implement shaded seating, rest zones, and accessible public restrooms.
4. Involve peers, especially those impacted, in ordinance design, transit planning, and enforcement protocols.
Expected Outcomes:
- Reduction in trauma and medical complications from displacement.
- Improved peer engagement with services, appointments, and transit.
- Clarified local enforcement practices aligned with public health, not punishment.
- Increased community trust and equity in public space access.
This issue statement is not only directed to DHHS, but to town and city governments across Maine. Each municipality will now determine whether to protect rest and recovery, or punish it. We also call on peers who are not directly impacted by these practices to act: speak at local meetings, ask about your city’s policies, and show up for those who cannot. Public space belongs to the public.
Local governance now carries constitutional leeway, but also ethical responsibility. A just city offers rest, not removal, as its first response. Everyone deserves a roof over their head.
We welcome input on how best to cascade this information to municipalities across the state.
To submit feedback, ideas, or a personal story relating to this issue statement, please send it to the CCSM office either by mail at:
Kerri Pitts
CCSM 219 Capitol Street, Suite 7,
Augusta, ME 04330
or email at: kpitts@maineccsm.org
DEADLINE TO RESPOND:
September 8th, 2025
