ABQ City Council passes measures further restricting overnight camping in public spaces

Two of three proposed measures aimed at restricting overnight camping in public spaces and the use of public parks by unhoused individuals passed the Albuquerque City Council in the early hours of Tuesday morning.

Councilor Renée Grout, who introduced the trio of ordinances, withdrew a “Shopping Cart Abandonment Prevention Ordinance” after facing concerns and pushback from the mayor’s administration and fellow councilors.

The two ordinances approved are the “Parks Ordinance,” which looks to address littering, vandalism and the “misuse of park facilities,” and the “Revised Ordinances of Albuquerque: Public Camping,” which bans camping on streets and sidewalks and “reduce(s) the negative impacts encampments often have on neighborhoods,” according to a City Council news release.

“I think it’s very sad to leave someone on the street, I do,” Grout said before a lengthy discussion on the bills began. “Leaving them in a tent and then giving them a sleeping bag and then walking away from them is very hard. I think it’s sad.”

The measures were a response to constituents’ complaints about unhoused people camping in parks and fears of children encountering needles, according to Grout.

“People are sometimes afraid of these people,” Grout said. “Sometimes they — in one specific park I’m talking about — take over the area right next to the playground equipment. They take it; they’re very possessive. It’s true. That’s why people have sent emails, they have called me, and it’s important that we listen to them.”

The measures faced significant opposition from activists who voiced concerns during public comments, stating the ordinances would further criminalize homelessness and make it harder for unhoused individuals to stay warm during the winter. A small number of commenters spoke in favor of the ordinances.

The ordinances received numerous proposed amendments, with a majority — nine total — coming from Councilor Tammy Fiebelkorn. Some changes were made with guidance from the city’s Parks and Recreation Department.

“I just heard Councilor Grout say that she worked with the parks department,” Fiebelkorn said. “I’d like to know if that means the administration supports this bill.”

Mayor Tim Keller’s Deputy Chief Administrative Officer, Matthew Whelan, tasked with answering the question, did not give a direct yes or no.

“There were some areas that were problematic that we didn’t see that would probably be best if they were changed,” Whelan said. “But we just worked on a minimal part of the bill.”

“So I think ‘no’ was the answer?” Fiebelkorn said.

The park ordinance passed on a 6-3 vote, with Councilors Grout, Louie Sanchez, Dan Lewis, Dan Champine, Joaquín Baca and Brook Bassan voting in favor; and Klarissa Peña, Nichole Rogers and Fiebelkorn voting against.

The camping ordinance passed 5-4, with Baca joining Peña, Rogers, and Fiebelkorn in opposition.

The ordinances come on the heels of a recently revised encampment policy from the Keller administration that includes parks as one of the primary targets for encampment clearings.