BY DAN VALENTI

Talk about splitting hairs. A resident said that it is not the homeless people, but their behavior that is the problem.

Local attorney Jesse Cook-Dubin argued that it would allow police to address disruptive behavior, such as public defecation and sleeping in doorways.

“It’s not homelessness that’s the problem; it’s the behavior,” he said.

2 + 2 = 5

Jon Melle

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“‘Care over criminalization.’ Pittsfield’s public camping ban has been softened, but advocates are still concerned”
By Maryjane Williams, The Berkshire Eagle, July 29, 2025

PITTSFIELD — After months of public debate, a proposed ordinance banning people from sleeping and creating temporary shelters on all public property in the city will move forward.

In front of a packed audience, the City Council’s Ordinance and Rules Committee voted 3-2 on Monday night to advance the revised ordinance to the next full City Council, with Councilors Kathy Amuso, Rhonda Serre and Peter White voting in favor, and Patrick Kavey and Dina Lampiasi opposing.

Pittsfield’s Ordinances and Rules Committee sent back Mayor Peter Marchetti’s proposed camping ordinance for changes
The vote came after a lengthy public hearing at which residents, business owners, advocates and city officials voiced strong opinions on both sides of the issue.

The ordinance will go before the full council on Aug. 12.

Framed as a response to concerns from downtown business owners, Mayor Peter Marchetti’s May proposal would ban sleeping and temporary sheltering on public property. But the ordinance has since faced major pushback from advocates, who argue it penalizes poverty.

“The small businesses in this city drive our economy,” Serre said. “We’ve got to help them as much as they’ve got to help us.”

The version passed Monday no longer includes a previously proposed three-day camping limit on private property and provides violators with the option to complete community service — at $25 per hour — in lieu of paying a fine. It also removes language that directly criminalized unhoused individuals, eliminates a clause that would have penalized those who provided supplies to people camping, and shifts enforcement authority to the Board of Health.

Still, the room was filled with concern.

“These people — that’s all they have,” Lampiasi said. “And we’re telling them: You can’t sleep in our parks. You can’t sleep downtown, where there are cameras and you won’t be raped, beaten or have terrible things happen to you.”

Advocates said the ordinance does nothing to address root causes of homelessness and urged the city to instead pursue long-term solutions, such as more housing, outreach teams and public hygiene facilities.

“Enforcement-only tactics don’t solve homelessness; they just move people from one place to another, drive up public cost and make people suffer more,” said Fernando Leon, a community organizer for Berkshire Interfaith Organizing. “We need housing that people can afford, safe, stable homes … let’s choose care over criminalization.”

Although the ordinance no longer explicitly criminalizes homelessness, many speakers argued that the penalties it imposes would still disproportionately harm unhoused individuals.

“Just fines and just community service can only be just that if you have resources,” said city resident Maizy Broderick Scarpa. “If that $15 is what you’re going to spend on food or go to something else, that’s actually a crisis financially, physically and emotionally.“

Several business owners also spoke in support of the ordinance. Local attorney Jesse Cook-Dubin argued that it would allow police to address disruptive behavior, such as public defecation and sleeping in doorways.

“It’s not homelessness that’s the problem; it’s the behavior,” he said. “Our police are saying that the city code does not give them the tools that they need to keep our city safe, and that this is one step toward getting them that help.”

Others, like Hotel on North owner David Tierney, urged officials to work collaboratively.

“You elected officials are here to find common ground for everyone in the city of Pittsfield, not just the small-business owners, not just the homeless advocates, but for everyone,” he said. “I’m asking you, please do your job; find a legitimate solution to this problem.”

Lampiasi criticized the ordinance’s vagueness, especially in how terms like “temporary” camping in vehicles would be enforced. Police would determine that on a case-by-case basis, said Devon Grierson, the city’s solicitor.

She also questioned the legality and logistics of the proposed community service alternative to fines.

“I think there are legitimate concerns about ADA compliance and what type of work this would actually entail,” Lampiasi said. “It’s unclear what this program looks like, and I don’t think we should move forward until we have a better understanding of it.”