This story was originally published by Bridge Michigan, a nonprofit and nonpartisan news organization. To get regular coverage from Bridge Michigan, sign up for a free Bridge Michigan newsletter here.
The Michigan Department of Transportation is attempting to formalize rules that would limit camping, panhandling and long-term stays at rest stops and other state facilities, a move advocates contend could criminalize homelessness.
During a virtual public hearing on Wednesday, MDOT officials outlined proposed rules that would make it a misdemeanor crime to park vehicles at public rest areas for more than two days, ask for money on MDOT property, live in vehicles or sleep under overpasses.
“These rules are designed to enhance MDOT's commitment to provide the public with safe, well-maintained facilities,” said Greg Losch, a regional engineer for the department. “MDOT has had internal rules and guidance on the intended use of MDOT facilities. However, they were not linked to any law or rule, so they were not statutorily backed.”
The new rules would cover all MDOT properties, including 61 highway rest areas, 82 roadside parks, 267 carpool lots, 23 scenic turnouts, 14 welcome centers and other areas the department manages, such as highways, overpasses, culverts and certain sidewalks.
Travelers and truck drivers could still rest in their vehicles at highway rest areas, but they would need to leave within 48 hours and wouldn’t be allowed to set up tents or other camping equipment.
“This is going to impact homeless individuals who are seeking shelter to get out of the elements,” Nick Cook, director of public policy at the Michigan Coalition Against Homelessness, told Bridge Michigan. “ We understand the need for these rules … what we’re concerned about is after the rules are in place, we’re not criminalizing homelessness.”
During the hearing, Losch said that MDOT would work with the state’s Department of Health and Human Services and other state agencies to post signs at carpool lots with information for individuals experiencing homelessness or a crisis.
“The rules are not written to criminalize being unhoused or homeless,” Losch said. “As written, they apply to everyone, and they establish the same expectations for use of MDOT facilities for all who visit them.”
Under newly proposed rules, Michigan would ban extended stays at rest areas and welcome centers, like this facility in Clare. (Shutterstock) Losch previously told WKAR that most MDOT facilities have long-term residents, some of whom stay for weeks or months.
Cook, with the Michigan Coalition Against Homelessness, said he agrees that people should not be living in an overpass or a park-n-rest for weeks at a time.
But “what we want is for MDOT to recognize that that person’s unhoused and that they get them to the coordinated entry point to the continuum of care and also make sure when they remove that individual from the area … that they do it with dignity. “
Homelessness has risen in Michigan in recent years, impacting 33,226 people as of 2023, according to the most recently available state data. Some communities have attempted to crack down on homeless encampments.
A misdemeanor crime
MDOT has said the new rules are a response to complaints it has received. The department is seeking to formalize internal rules it had little authority to enforce. The only thing officials can do now is impound a vehicle if it hasn’t been moved in three days.
Under the new proposal, anyone who violates the rules “shall be guilty of a misdemeanor,” which could include fines or jail time, typically up to 93 days.
The rules should be implemented by spring and once in effect, police agencies would be able to enforce them. Violators could be charged with a misdemeanor, but penalties could vary depending on the violation.
MDOT is also seeking to ban individuals from requesting donations, money or selling items on MDOT property, with the exception of charitable organizations seeking donations with official permission.
“It’s not safe to panhandle in a lot of these areas – the rightaways along freeways, that’s dangerous,” said Cook, with the Michigan Coalition Against Homelessness. “...But we want to look at it as one of the reasons why someone’s homeless and get them the resources (they need) to get into housing.”
Demonstrating, protesting, soliciting and loitering would also be banned under the proposed rules, which also sparks some pushback among political activists.
“When you take away sidewalks … as spaces to speak or gather or just exist, you're not moving protest. You're pushing people out of public sight. For a lot of us, the spaces are the only places that we can be heard,” said Genesee County resident Brenda Clark, during the virtual hearing.
The proposed MDOT rules would also require dogs to be leashed at all times at rest areas and prohibit people from dumping wastewater from campers and RVs, drinking alcohol, or hunting, fishing, and swimming on department property.
The department will take comments on the proposed rules until Nov. 20, either by mail or email.
This article first appeared on Bridge Michigan and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
