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Published April 19, 2024 10:10
LITTLETON, New Hampshire - The Grafton County Superior Court is set to hear the pivotal case on May 23, 2024, that could reshape how Littleton, treats its most vulnerable residents. December Rust, the plaintiff in this lawsuit, is spearheading an effort to safeguard the rights of homeless individuals. The crux of December's complaint centers on Ordinance Chapter 26, passed on March 12, 2024, which prohibits overnight camping on town-owned property and levies fines on those who are in violation. Without shelters or temporary housing solutions provided by the town, homeless residents are left with few options but to face penalties or seek elusive permissions to camp legally.
December Rust, in his legal filing, claims the ordinance not only lacks compassion, but is fundamentally unconstitutional, arguing it infringes upon the civil rights protections guaranteed by the U.S. Constitution. "This ordinance is a form of cruel and unusual punishment against a segment of our community that is already marginalized and disenfranchised," December stated. He is requesting a permanent injunction to stop the enforcement of the ordinance and is calling for the court to declare it unconstitutional both in letter and in practice.
This legal battle comes at a time when the town's administration, particularly interim Town Manager and Police Chief Paul Smith, faces scrutiny. Smith's mixed messages regarding the enforcement of the ordinance have not gone unnoticed. Despite assurances to December that the police would not enforce the ordinance until a higher court decision, an article recently published in a local newspaper states otherwise.
"The disparity between what is said in private and what is enacted in public must be addressed," December emphasized. He pointed out that while local controversies, like the dispute over a town mural last year, have stirred public debate, the pressing issue of homelessness and civil rights has not garnered similar public attention or outrage.
December is not just fighting against a specific local law but is also highlighting a broader societal issue: the need for systemic support and dignified treatment of all individuals, especially the homeless. "How we treat our most vulnerable says a lot about us as a community," December remarked. With $296,412 allocated for Town of Littleton Welfare Appropriations in 2023, questions linger about how these funds are being used, especially when basic amenities like public bathrooms and trash receptacles are absent in areas known to have homeless camps.
On Thursday, April 18, 2024, December sent a forceful Letter of Violation to the Board of Selectmen and Interim Town Manager, criticizing the enforcement of Ordinance Chapter 26. He highlighted that the current procedure, which requires homeless individuals to publicly request permission to camp on town property during a Board of Selectmen meeting, deviates from the ordinance's intended protection of privacy and dignity. December argued this public disclosure requirement strips individuals of their privacy, exposing them to potential ridicule and deterring them from seeking necessary help. He urged an immediate revision of the enforcement procedures to ensure that permissions are handled confidentially and with respect, emphasizing the town's obligation to uphold the dignity and rights of its most vulnerable residents.
As the court date approaches, all eyes will be on the Grafton County Superior Court, not just from Littleton but from observers nationwide who see this case as a bellwether for civil rights and homelessness advocacy. The outcome could set a precedent for how small towns across America address similar issues, potentially sparking a greater dialogue on the necessity for compassionate and constitutionally sound policies toward the homeless.
In December's words, "This isn't just about Littleton; it's about affirming the dignity and rights of every person, regardless of their living situation." With the legal arguments set and the community watching, the next chapter in this fight for justice and dignity is about to unfold.
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