Judge to rule on planned sweep of Pottstown homeless encampment

PHILADELPHIA — A federal lawsuit filed in an attempt to halt efforts to sweep a Montgomery County homeless encampment wrapped up on Monday.

A two-day hearing at the James A. Byrne U.S. Courthouse in Philadelphia had testimony from advocates, homeless individuals and Pottstown borough officials.

Judge Mia R. Perez is expected to issue a written ruling on the matter in the coming days.

The western Montgomery County borough posted signs in early October informing an estimated 22-30 people residing on the roughly one-mile stretch of land between the Route 100 and Route 422 overpasses that they’d have until Dec. 1 to vacate the property.

Community Justice Project Attorney Marielle Marcher stressed that the “residents are there because they’ve been pushed out of other areas” and “they’re along the river because they don’t have a choice.”

Representatives from the Community Justice Project and Legal Aid of Southeastern PA took on the case, initially naming Daniel Wanner, Alfredo Bertran and Better Days Ahead Outreach Inc. as plaintiffs.

“I just don’t know where to go,” Wanner said during his testimony.

Wanner, 44, has resided for nearly two months on the land in question and said in his testimony that he’s been told to relocate a handful of times in the nearly one year since he became homeless.

The civil lawsuit filed in early November with the United States District Court for the Eastern District of Pennsylvania asserted that “adequate viable shelter options” were “not available” to residents of the encampment known as the “College Drive” encampment.

Beltran remained on the Nov. 2 complaint, but Perez decided he’d not be included as part of the preliminary injunction hearing as Beltran was situated on the trail in West Pottsgrove Township, not in Pottstown.

However, Defense Attorney Andrew M. Ronagus stressed in his opening statements on Nov. 16 that “staying on that property” posed an “inherent danger to residents” and is a “liability issue for the borough.”

“It’s certainly not as if the borough is turning its head and looking away from this,” Ronagus said.

While Pottstown Borough Manager Justin Keller and Pottstown Police Chief Michael Markovich shared similar testimony that the ball began rolling in August with emails from trail users and area residents expressing concerns about those in and around the encampment, borough officials maintain “safety” was the main reason for the move.

“For your personal safety, occupying this location is not permitted. This is private property of the borough of Pottstown, and is located in a floodway, making it culpable to severe flooding during extreme weather that could endanger persons and property,” the notice states.

It directed those in need of assistance to call 211 or Montgomery County’s mobile crisis unit at 855-634-4673. Additionally, the notice stated Beacon of Hope’s warming center which opened on Nov. 1 “will have shelter spaces accessible, and they can be contacted through 211.”

Local nonprofit leaders have stressed that waiting lists for shelter and affordable housing are long, and capacity is limited following the June 2022 closure of the Coordinated Homeless Outreach Center in Norristown.

Advocates Mark Boorse and Tom Niarhos were summoned to serve as witnesses on behalf of the plaintiffs. Boorse works as director of program development for the Fort Washington-based Access Services. Niarhos serves as Beacon of Hope’s executive director.

Beacon of Hope operates the 35-bed warming center for single adults who can show “proof of Pottstown eligibility.” Last year, it was open from November to April out of St. Paul’s United Church of Christ in Pottstown, but the borough denied a zoning request to keep it open.

The plan was to build a permanent shelter off West High Street, but delays caused by property title complications forced the nonprofit agency to adopt a mobile strategy for this year. Beacon of Hope is partnering with other area religious institutions to provide overnight shelter for those in need. St. James Lutheran Church, Christ Episcopal Church, Bethel Community Church of Pottstown, Congregation Hesed Shel Emet, and First Baptist Church will provide shelter on a rotating basis.

This year, Beacon of Hope will operate an intake center every evening at Christ Episcopal Church, registering those who are staying, and then transporting them to whichever warming center location is being operated that month where they will have a warm bed from 7 p.m. to 7 a.m. However, in January, the church they’ll be using as a warming center only has the space for 27 beds, he said.

Advocates estimate between 75 and 90 unhoused individuals are in Pottstown. When the center reaches capacity from December to March, Niarhos said they won’t be able to admit between three and eight people each night. If the sweep goes forward, he said it’s “likely more individuals (will be) turned away.”

Better Days Ahead Outreach Inc. Executive Director Christopher Brickhouse said in his testimony if the sweep went forward, “we’re going to have to locate the people again and supply them more items.”

The nonprofit procures supplies — such as tents, sleeping bags, socks, and food— for the homeless in Center City, Norristown Phoenixville, and Pottstown.

“Living outside is inherently dangerous,” Boorse said, adding that “they don’t have an indoor option, which is the safe option.”

Boorse noted in his testimony other places had been vacated in the past such as Pottstown’s Tent City, as well as encampments in the old Flagg property and behind the Comcast building.

Boorse’s Street Outreach initiatives helped 18 of the 23 occupants sign up for any eligible services such as wait lists for shelter, but said it could take anywhere from three to six months.

“Six months is almost meaningless to somebody living day-to-day,” he said.

While Markovich said no one has been arrested, he said it’s “certainly a possibility” people may be charged or cited after Dec. 1. He also referenced a borough ordinance where “no person shall be permitted on park property between sunset and sunrise” to dissuade from activities such as drug use, prostitution and having homeless people sleeping in the parks.

He noted a difference where the “College Drive” encampment is not a park, but borough-owned property. He acknowledged that “it’s prohibited” to be “encamped.”

Wanner said he was previously fined twice at the Flagg property and cited for criminal trespass while “cutting through” an encampment.

“I don’t even know. I don’t have enough stuff. If I have to leave I’ll probably suck it up, put my stuff in a book bag, (and) do what I have to do,” Wanner said.

But Ronagus said that as the “property owner,” the “borough has the right to determine who should be permitted on that property.”