‘Sleeping’ ordinance gets new public-hearing date
Alderwoman Debbie Beasley has been approached by several residents about illegal activity taking place in the dark of night. The Town of Robbinsville hopes a proposed ordinance will curb the issue.
Robbinsville – After exactly zero members of the public attended an April 5 public hearing, the Town of Robbinsville is giving residents a reprieve.
The Graham Star confirmed Tuesday morning that a rescheduled public hearing concerning the town’s attempt to institute a “sleeping” ordinance would be held at the Graham County Courthouse on Thursday, April 27. The hearing begins at 5:30 p.m.
Alderwoman Debbie Beasley noted at the April 5 board meeting that it was difficult for many to attend the hearing, as Robbinsville’s meetings are held at 1 p.m. on the first Wednesday of each month and most who expressed interest in the ordinance were unable to get off from work to let their voices be heard.
First conceived as a way to curb illegal activity within the city limits, the ordinance has morphed into a mini-storm of sorts.
A letter from the American Civil Liberties Union Foundation, North Carolina chapter was sent to Robbinsville Mayor Shaun Adams – as well as Aldermen Debbie Beasley and Kenneth Hyde – on April 4, contesting several elements of the proposal as “serious constitutional problems.”
Listed in the letter from the union are counterpoints such as the ordinance “using extremely vague terms;” noting that a resident’s Eighth Amendment rights could be jeopardized by the guidelines – “many unhoused people have no choice but to sleep
outside – their conduct … is entirely involuntary” – and stating that “criminalizing people for being unhoused also carries significant costs for taxpayers.”
No one from the union was present for the April 5 hearing.
Combining the lack of turnout with what was described as “a lot of solicitation and a lot of differing opinions,” Hyde motioned that the vote on the ordinance be tabled.
As he did at the March aldermen meeting, Mayor Shaun Adams expressed his concern with the ordinance as a whole. Branching off the union’s letter, Adams presented a list of fees associated with Martin vs. City of Boise, a 2019 case in which a resident sued Idaho’s state capital for passing a similar ordinance about sleeping on a public bench – and won, costing the city $854,482. In 2021, Boise shelled out an additional $1.335 million into curbing its homelessness problem.
Included in the regulation of the ordinance are definitions on what exactly is deemed a “public place,” the removal of anyone being a “public nuisance” and what it means to be questioned for “loitering.” If adopted, the town’s ordinance will follow these guidelines:
* No person over age 18 will be allowed to sleep in any public place within Robbinsville’s city limits from 10 p.m. to 7 a.m., daily. A second regulation notes that anyone can sleep in their vehicle without violating the ordinance, as long as the vehicle is properly parked;
* If anyone is caught sleeping in public, a Graham County sheriff’s deputy can ask for compliance with the ordinance, or arrest the violator for refusing or neglecting to obey and charge them with a misdemeanor.
Also scheduled for the April 27 hearing is the unveiling of sealed bids on the former Robbinsville Town Hall building. Kenneth Wheeler of Wheeler’s Performance on U.S. 129 has expressed interest in purchasing the building.
Other news and notes
* The next town alderman will come from a list of applicants.
At the April 5 meeting, attorney M. Ellen Davis said applications were ready for pick-up inside the town’s offices (4 Court St.), until Wednesday, May 31. Remaining members Debbie Beasley and Kenneth Hyde will then vet the top candidates.
The next alderman will fill the void left when Brian “Taco” Johnson resigned Jan. 9,
citing health concerns. A prominent face around Robbinsville, Johnson also resigned as chairman of the Graham County Festivals committee, but continues to serve as chief of the Santeetlah fire station. Robbinsville Town Hall is open 8 a.m. – 4:30 p.m., Monday-Friday, and can be reached at (828) 479-3250.
* The town’s power poles will be getting a facelift. Lisa Leatherman, Nantahala district manager for Duke Energy, gave the go-ahead to the town to start accepting bids for painting the poles and restoring them back to their original color. The poles were painted about one-fourth of the way up as part of Independence Day festivities a few years ago.
However, the proper paint was not used and as a result, has not left a pleasant facade for residents and visitors alike.