TN makes camping on public land a felony

[Bunpoh]

Heads up... they're making it a felony to stealth camp in Tennessee.

https://www.newsnationnow.com/us-ne...es-1st-state-to-make-public-camping-a-felony/
They're required to give 24 hours notice before arrest. But expect possible increased harassment if you are there.

 

[rvwandering]

Here is the actual bill - https://www.capitol.tn.gov/Bills/112/Amend/SA0892.pdf
If you read it you'll see that the definition of "camping on public land" is very limited and this law should not affect nomads.

 

[Bunpoh]

Yeah, I didn't mean to be unecessarily alarmist. I was mostly referring to those who need to stealth camp in cities and such.

 

[WanderingRose]

Specifically:

“a) It is unlawful for a person to engage in camping:
(1) On the shoulder, berm, or right-of-way of a state or interstate highway; or
(2) Under a bridge or overpass, or within an underpass, of a state or interstate highway.”

Interesting. Sounds like they are working to clear out identified problem areas.

 

[maki2]

Sounds more like they are trying to prevent fatal accidents from cars accidently hitting people on the sides of roadways. If someone has a blowout or is a drunk driver, distracted by cell phone use, etc, that could easily happen. It is common sense rule to keep shoulders of roads available for emergency stops only.

 

[user 22017]

Here is the actual bill - https://www.capitol.tn.gov/Bills/112/Amend/SA0892.pdf
If you read it you'll see that the definition of "camping on public land" is very limited and this law should not affect nomads.

I think that is the Amendment to the Bill & the Bill had already made it a crime to camp on state properties not specifically marked "camping allowed". So the Amendment added city parks... any public property.

Better ask for permission when camping/boondocking in TN.

As enacted, creates a Class C misdemeanor offense, punishable by a $50 fine and community service work, for camping along a controlled-access highway or entrance or exit ramp; expands Equal Access to Public Property Act of 2012, under which it is a Class E felony offense for a person to camp on property owned by the state knowing that the area on which the camping occurs is not specifically designated for use as a camping area, to apply the offense of unauthorized camping to all public property. - Amends TCA Title 39, Chapter 14; Title 39, Chapter 17, Part 3 and Title 55, Chapter 8.

And, from the Williamson Herald newspaper, April 14, 2022:

The bill adds local public property to the existing felony penalties that are possible for camping on state property, as long as the place is not designated for people to camp there. The felony is punishable by up to six years in prison. Felony convictions in Tennessee result in the revocation of an individual's right to vote.

The penalties for camping on state property were increased from a misdemeanor to a Class E felony in 2020, when Republican lawmakers were responding to overnight protests on Capitol grounds calling for racial justice reform.

https://www.williamsonherald.com/ne...cle_bde31d30-bc5c-11ec-bec7-3f532011de86.html

 

[gizmotron]

Look up history. Look at this video about "Hoovervilles" and the Great Depression. This law in Tennessee is about the prevention of places like Skid Row in Los Angeles. It's to stop what happened to San Francisco with it's homeless encampments in front of businesses.

 

[maki2]

It would make things a lot clearer if the title of this thread said "public road rights of way" instead of "public land". They did not restrict camping on " public land other than that very specific area that never was a safe place to camp.

 

[user 22017]

It would make things a lot clearer if the title of this thread said "public road rights of way" instead of "public land". They did not restrict camping on " public land other than that very specific area that never was a safe place to camp.

Where did you read that? Every article I've read said the bill expanded the current law to include all public property (not just state property).

2022: Tennessee is about to become the first U.S. state to make it a felony to camp on local public property such as parks

https://abcnews.go.com/US/wireStory/public-camping-felony-tennessee-homeless-seek-refuge-84881499
History of the Bill...

2020: https://tennesseestar.com/2020/08/24/gov-lee-signs-bill-making-illegal-camping-a-felony/

2021: https://www.tennessean.com/story/ne...ng-public-property-dies-committee/7098619002/

 

[Marcos989A]

I think that this is a fallback law intended to give cover when dealing with those problem people (aka Karens & Kens) that insist they have a right to do as they please regardless of how it affects others because ...'freedom'.
If you want to push the envelope you might get stamped (not to be confused with stomped...lol...though I am positive conspiracy theorists don't differentiate).

 

[Bunpoh]

Yes, the bill cited earlier was not the full bill, probably an amendment. If you read the article, it is NOT just underpasses and freeways. They clearly state any parks or public property. The thread title was straight from the article title. I wanted it to reflect the article content.

 

[rvwandering]

I still can not see how this will affect nomads. It looks like it's aimed directly at the homeless population. It's a horrible law and will punish people who have no resources but as long as you are not setting up a tent or sleeping on the ground on public property you'll be fine. This section does raise some questions though:
"d) For purposes of this section, "camping" means:
(2) Carrying on cooking activities, whether by fire or use of artificial
means, such as a propane stove or other heat-producing portable cooking
equipment;"
Original Bill SB1610 - https://www.capitol.tn.gov/Bills/112/Bill/SB1610.pdf

 

[gizmotron]

It looks like it's aimed directly at the homeless population.

It may effect them if it is used to get at them. But I watched the Occupy Movement take over the downtown park in downtown Portland Oregon & Seattle Washington. I'm just guessing here, but these laws would directly effect those organized groups. In a way I would think that it would be a good idea to watch what or who is targeted with the new laws. It sure goes along with the concept of NIMBY.

 

[user 22017]

I still can not see how this will affect nomads.

It could affect boondockers. Esp. those pulling over at night when it is too late to find someone to get permission from. I've watched many YT vids of people pulling over in small towns across the country. Sometimes parking next to a city park or town square. I wouldn't do that in Tenn.

 

[Bunpoh]

"The new law will add local public property to the existing felony penalties that are possible for camping on state property, as long as the place is not designated for camping. The felony is punishable by up to six years in prison. Felony convictions in Tennessee result in the revocation of an individual’s right to vote.

The penalties for camping on state property were increased from a misdemeanor to a Class E felony in 2020..."

This video is also some good clarification.



How does it affect Nomads? Just like I said in my original post...If you are stealth camping, it gives them a reason to harass you. Like in a public park parking lot, for instance. If you break down and can't get moved, it gives them the chance to arrest you. Does this apply to most Nomads? Probably not, but for those who might be living close to the bone in TN, it certainly could.

 

[WanderingRose]

It’s been my experience around the country that city parks and public spaces not designated for camping in even the smallest towns are usually signposted as open “dawn to dusk”.

I believe we’re going to see more of these kinds of restrictions, as more people see living in vehicles or tents an option to more traditional dwelling, for whatever reason.

And those not in that situation are less and less interested in the visuals of tent cities, streets lined with rundown RV’s, etc.

Watching the video in the last post, Caroline is particularly incensed that a felony conviction in Tennessee, which these violations would be, causes the convicted to lose their right to vote.

And that’s a whole nother issue.

 

[Marcos989A]

So often people these days only look at issues from a single perspective. We have to live together. Everybody needs\gets a seat at the table and deserves to be heard. In the articles I read, there are no plans to prosecute people using this new law. Of course, that does not preclude arrest. Some label that as harassment some others might see that as moving suspicious vehicles away from their private and public tax paid and community resources. As I said earlier, the people that enjoy being difficult may find themselves prosecuted and upping the ante against all of us. That is usually what happens.
This new law affects those rough camping and sleeping in vehicles.
For those that rough sleep and are homeless if they go into most churches and ask for help some likely will help them, of course, they might have to tolerate the deity delusion BS to receive that help. Nothing is free.
Rule of Thumb: do not sleep near businesses or residences if your vehicle is not stealthy.

 

[user 22017]

In the articles I read, there are no plans to prosecute people using this new law.

The man who repeatedly said that is Bailey, a senator who pushed the new amendment. He said he heard rumors that homeless from Nashville were moving to Cookeville, a town in his district. I'm sure he says it because the Bill isn't popular.

From a link above:

"Tennessee already made it a felony in 2020 to camp on most state-owned property. In pushing the expansion, Sen. Paul Bailey noted that no one has been convicted under that law and said he doesn't expect this one to be enforced much, either." <snip>

“It's going to be up to prosecutors ... if they want to issue a felony,” Bailey said. “But it's only going to come to that if people really don't want to move."

All it will take is one bad cop who doesn't like the way you look... or your presence in his/her town. Then a nasty prosecutor. It wouldn't be unusual for both to exist in the same town. There is history, ya know?

 

[wayne49]

It is possible that the stronger law is to deter non-residents from squatting in Tennessee.

Local residents who have been displaced by the economic downturns might not be arrested and prosecuted, or might be treated differently by the Court.

Local residents would be less likely to engage in criminal behavior, whereas a transient person might engage in petty criminal activity and/or consume limited local social resources.

It's a variation of a "Sundown Law", without specifying who needs to be out the jurisdiction after sundown.

 

[Morgana]

(quoting another document) : Sen. Paul Bailey noted that no one has been convicted under that law and said he doesn't expect this one to be enforced much, either."

Doesn't it seem awfully risky to put a law on the books with the expectation that it won't be enforced?

People change, staffs turn over, fashions change, different individuals have different agendas ... nobody's under any obligation to respect an expectation like that. Seems like the Law of Unintended Consequences would have plenty of room to play there.

Or is this practice more common than I realize?