WV House rejects amendment to proposed camping ban that would limit penalties in areas with shelter beds

Members of the West Virginia House of Delegates on Monday rejected an amendment to a proposed camping ban bill. The amendment would have limited criminal penalties for homeless individuals in areas without available shelter beds. The House is set to vote on House Bill 5319 Tuesday, which would impose fines of up to $500 or 30 days in jail for camping or storing personal property on public property throughout the state.

Del. Hollis Lewis, D-Kanawha, proposed the amendment, arguing that it would eliminate fines and jail time in areas lacking shelter capacity. Under the legislation, first-time offenders would receive a written warning and information about alternative shelter. Lewis questioned the fairness of penalizing individuals when no beds are available, emphasizing the need for compassionate enforcement.

House Judiciary Committee Chairman Del. J.B. Akers, R-Kanawha, opposed the amendment, stating it would create inconsistency in the law. He noted that unincorporated areas generally have fewer homeless shelters than incorporated ones. Akers described the bill as “permissive,” allowing municipalities to enforce a camping ban but not requiring them to do so.

Del. Sean Hornbuckle, D-Cabell, supported the amendment, believing it would strengthen the bill by enabling compliance for all. Several municipalities in West Virginia, including Morgantown, Clarksburg, and Bluefield, have passed camping bans since the U.S. Supreme Court upheld a similar ordinance in Grants Pass, Oregon, in June 2024.

The House of Delegates passed a statewide camping ban bill during the 2025 legislative session, but it did not reach a Senate vote. Lewis urged legislators to visit homeless encampments and engage with those affected by homelessness. He criticized the tendency to impose punitive measures without addressing underlying issues like substance use disorder and mental health.

Lewis described a homeless encampment in Kanawha City as “the saddest thing I’ve ever seen in my life.” He argued that punitive approaches fail to resolve the root causes of homelessness, calling for a more holistic response that reflects care for vulnerable neighbors.

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