Judge: Tent City homeless can stay in Ocean County woods for now

[AnCap Dave]

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In denying Lakewood's request to shut down a Tent City of some 70 homeless people, state Superior Court Judge Joseph L. Foster said Friday he must weigh how far government should go in caring for the poor.

But Foster, noting that several important legal issues remain unresolved, said the township and advocates for the homeless must work toward a solution in mediation even while the lawsuit moves forward. Another hearing is to be scheduled.

The township served an eviction notice in June 2010, arguing that those living in the encampment off Cedar Bridge Avenue are squatters trespassing on municipally owned property. Advocates for Tent City contend authorities have failed to address the needs of the homeless, leaving them to live in the encampment.

"This is not like two property owners or two neighbors in a property line dispute," Foster said in delivering his decision before a packed courtroom. "There is more involved here."

To what extent the township and county have a responsibility for the homeless is not a question the judge said he was prepared to answer Friday. Foster said he has to consider how far the courts should go in forcing a municipality to provide shelter for the homeless.

"But there is a governmental responsibility to care for the poor," Foster said.

It would not be appropriate to evict the people from the property, Foster said.

"It is a fabulous day for the homeless," said Jeffrey J. Wild, an attorney representing Steven Brigham, founder of the Tent City encampment, and residents of the camp.

During the hearing, Michael DiCicco, lawyer for Lakewood in the case, said the township at some point has to say "Enough."

Wild said later the best thing he heard from the judge was that the government does have a responsibility in the issue of homelessness.

During the hearing, Foster asked Wild, "What is the remedy and where does it all end," regarding who is responsible for the homeless.

It will end when Lakewood provides emergency shelter for the homeless, Wild replied.

Social Services provides a homeless person "a years worth of hotel space if you qualify," Brigham said. "But you need some time to be able to find that job and the affordable housing is not there for them.

The Ocean County freeholder board appropriated $20 million in 2011 on such social welfare programs, said County Counsel John C. Sahradnik. Ocean County provides funding to churches and faith-based organizations that operate small homeless shelters throughout the county.

Wild is also suing Ocean County, maintaining that it has a constitutional responsibility to provide shelter to the homeless. Bergen is the only one of New Jersey's 21 counties to operate its own homeless shelter.

The problem of helping the homeless is a "faith-based issue" except that churches today are taking in a small percentage in donations that once allowed for more charitable times, said the Rev. David Stoner of Alive in Christ Lutheran Church in Jackson, who attended the hearing.

If there was a homeless shelter provided by a non-profit or religious organization, the next problem would be the attitude of "not in my back yard," Stoner said.

Rosemary Goebel, 70, of Toms River, a volunteer and homeless advocate who was also at the hearing, said Ocean County needs to more carefully spend the money that it dedicates for the people in need and not "use hotel rooms as a dumping ground" for the homeless and poor.

After the hearing, Brigham said he is grateful for the decision because "there was no Plan B" for the people living in there.

"It was concerning everybody in Tent City," Brigham said. "Probably a lot of people who have set up in other places in the woods and try to survive without the assistance and organization of Tent City."

He said the small colony of campers offers something individuals wouldn't have: "There is security and safety in numbers."

"No young people are going to come in and try to harm the people in Tent City," Brigham said, referring to David Ivins, the homeless man beaten while living in the woods in Wall Dec. 11.

"What Tent City is it's affordable housing," Brigham said.

Municipalities have made it impossible for low-income housing to exist, he said.

"I call it is discrimination by design," he said.

One homeless man who attended the hearing, and goes by the name Steve, said if he was kicked out of the camp, he would go back to living at the Asbury Park train station where he said he had been for nearly 11 years