Debbie Neisewander says officers aggressively apply rules at the encampment area to drive out the unhoused; Chief O’Meara says they are just enforcing the law

By Paul R. Huard for Ashland.news

An Ashland advocate for the homeless alleges city police are aggressively enforcing rules and regulations at the city’s “night lawn” camping location to practice entrapment through issuing citations with expensive fines, all to harass the unhoused and possibly force them to move on elsewhere.

Debbie Neisewander made the accusation during the public comment period that was part of the Ashland City Council study session on Monday. Her comments came on the heels of a presentation made by Ashland Police Chief Tighe O’Meara that included statistics about police use-of-force incidents in the city in 2024 as well as specific information about crime in Ashland during that year.

Neisewander said her research indicates that 97 citations were issued to individuals who used the night lawn in 2024, far more than the number of citations issued to the homeless elsewhere in the city for similar infractions and misdemeanors.

During her statement, Neisewander conceded that she did not have corroborating evidence available then to back her allegation during her public comments. But she assured council members that she would provide “supporting documentation” during Tuesday’s City Council business meeting.

“I wasn’t prepared for tonight,” she said at the meeting. “So, I just kind of threw something together.”

Skeptical of city’s numbers

Still, she maintained her skepticism regarding the crime statistics in O’Meara’s report, including citations that were issued to the homeless population.

“I’m kind of surprised nobody questioned the statistics,” Neisewander said. “Don’t you want to know what those citations were for?”

During a phone interview Tuesday, Neisewander said she is still trying to understand why the city and the police would practice what she calls entrapment.

“I wish that I had a good explanation,” she said. “I have my theories. One thing is the city considers the night lawn a temporary, not a permanent, solution. But I think the police just want to run them (the homeless) out of town. The problem is there is no other available legal place for them to go.”

Alleging steep penalties for misdemeanors

She said the citations are frequently for offenses such as trespassing or open-container violations. Fines can be as much as $200 and occupants of the night lawn who are cited can be banned from using the area for 30 days.

Mental illness or physical disabilities also can make it difficult for the homeless to promptly leave the night lawn, Neisewander said. There are already long waiting lists for homeless shelters in the Rogue Valley that make it difficult for the unhoused in Ashland to find a place to sleep, she said.

The city of Ashland established the dusk-to-dawn or “night lawn” in 2023. The area was designated as an authorized sleeping space for homeless people to both assist them and prevent camping in city parks.

Strict parameters at night lawn

There are 18 10-by10-foot spaces for temporary occupants to use. Tents are allowed from 7 p.m. to 7:30 a.m. on the lawn behind council chambers and the Ashland police station.

People camping at the site must depart by 7:30 a.m. or possibly face a citation. All personal belongings must be packed up and removed from the area each day or they could be removed and stored by the city.

Since the night lawn opened, there have been some incidents of violent crime. In one case, a person brandished a knife. In another, three people were burned in January 2024 when a fight resulted in a propane tank bursting into flames. One of the victims, Rick Bevel, was hospitalized with severe burns and died a few months later.

O’Meara denied that police officers are entrapping the homeless or attempting to harass them out of town. He said his officers are simply doing their job.

‘Not abiding’ by the rules

“I don’t call that entrapment,” O’Meara said during an interview after his Monday presentation. “I call that people not abiding by the plainly clearly posted rules that you can camp out here under these circumstances. If you try to camp out there under other circumstances, then you’re not within the framework. If you’re camping outside of the allowance, the 7 p.m. to 7:30 a.m. rule, then you might as well be camping on the Plaza.”

“So, if you’re out there for 10 o’clock in the morning, and I’d like to think that you already were given ample opportunity to leave and ample warnings, if you get a ticket for a prohibited camping,” O’Meara continued. “You might as well be camping on the front lawn of Lithia Park, because you’re outside of the allowance that the city gives you. I would probably lay a little bit of money on the fact that whatever Debbie was talking about probably falls into that category.”

In response to questions sent Tuesday by text, Mayor Tonya Graham wrote, “The night lawn was originally developed to provide a camping site related to our camping ordinance and has since developed to provide a variety of services. That development has been organic as needs and opportunities have been identified.”

“I don’t see our law enforcement officers using the site to target unhoused people for citations, but the number of citations related to the lawn points to the need for the City Council to clarify the goals and philosophy of the night lawn so that staff can ensure that the site is operated in a way that moves us toward those goals,” Graham continued.

Video of the complete study session is available here on the RVTV website.

Email Paul R. Huard at [email protected].