Middlebury Declares Off-Limits Areas for Unhoused Communities After the Supreme Court Implicitly Rules Homelessness a Crime

Middlebury decision-makers decided to remove the encampment behind Middlebury’s Ilsley Public Library. This community ministry, in collaboration with some key partners, has been engaged in trying to help the chronically unhoused community members who now have to “move on.” (Some of you may have seen this WCAX piece about the encampment’s removal.) Housed community members (including social services) have been communicating with the unhoused neighbors for weeks about this move. So while it comes as no surprise, it will nonetheless create stress for them. In this December Addison Independent article, Middlebury’s interim town clerk explains the rationale for the “notice to vacate” order. This September Addison Independent article contains the background on the background of designating some municipal areas as “high sensitivity” spaces where community members, including the unhoused, would not be permitted to camp overnight.

This move follows similar actions by other Vermont towns after the historically shameful June 2024 U.S. Supreme Court ruling that people experiencing homelessness are not included in the Constitution’s protections against cruel and unusual punishment. This ruling makes it easier for local governments to destroy encampments used by unhoused members of communities and throw away their belongings. The decision will add to the suffering of the 250,000+ people who sleep outside each night, as well as millions of Americans who are just one missed paycheck away from homelessness. As Hilary Melton, Executive Director of Pathways Vermont said, “Criminalizing people who are trying to survive, sleeping outside when there are no other options, is the actual crime. Every person deserves access to safe, stable housing.” Learn more about the potential impact of this decision and the way forward here.