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Exploring homelessness, land laws and solutions in Montana

During my nearly twenty years of not having a place to live, my daughter Erica and I made numerous trips to California via Big Sky Montana.

Driven by the hope of making a name for ourselves, we faced the challenges of homelessness with unwavering resilience.

Montana is a vast state covering approximately 94 million acres of land. It is the fourth largest state in the United States in terms of area. Much of Montana’s land is agricultural, including ranching and ranching.

The state is known for its vast open spaces, breathtaking landscapes, and abundant natural resources. You can assume that anyone who doesn’t have a home can pitch a tent anywhere under the big sky. However, I discovered that Montana has specific regulations and restrictions regarding camping.

Although many public lands, such as national forests and Bureau of Land Management areas, are available for camping, following specific guidelines and obtaining the necessary permits is extremely important. Some regions, such as private land or designated wilderness areas, may have camping restrictions. I would like to point out that it is always advisable to check with your local authority or land management agency before setting up camp to ensure compliance.

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Over the years, Montana has seen a significant increase in the homeless population. From 2007 to 2023, the state had the second-largest percentage increase in the number of homeless people, with Vermont topping the list with 218%. Additionally, Montana saw the third-highest percentage increase in homelessness between 2022 and 2023, reaching 45%.

Like many other cities in Montana, Missoula is facing a severe shortage of shelter beds. This tragic situation is forcing many people to seek shelter in tents and vehicles, often in public places. The City of Missoula strives to balance the needs of those living without shelter with the expectations of residents and the local economy. However, lack of resources and the growing number of homeless people pose serious challenges that require immediate attention and action.

Interestingly, when asked across political parties in Montana, immigration, the economy/inflation, and abortion tend to overshadow the issue of homelessness.

The City may enforce health and safety regulations, maintain public spaces open for public use, work with community partners to provide alternatives and solutions, remove encampments that pose a health and safety risk after an appropriate notice period, and conduct site cleanup after an appropriate period notifications.

However, there are limits to what the city can pass. They cannot remove people and their tents solely for camping purposes, impose criminal penalties for basic survival activities (such as sitting, sleeping or lying outdoors on public property in the case of homeless people who cannot obtain shelter), or enforce punitive measures against homeless people using basic precautions to protect themselves from the elements, such as bedding, blankets or sleeping bags. The Ninth Circuit Court’s decision prevents such actions. Additionally, the city is struggling with budget constraints and is unable to provide year-round shelter beds for everyone in need.

Notably, cities in nine Western states, including Montana, are operating under the Ninth Circuit Court of Appeals’ decision in Martin v. Boise, which seeks to prevent the criminalization of homelessness.

As a community, we have the power to fight homelessness. We can make a significant difference by supporting local organizations, practicing empathy and advocating for policy change. Our direct assistance to those in need reflects our collective strength and compassion. So I launched a global campaign called “Tell Future Politicians to Prioritize the Homeless.”

Through this campaign, I encourage voters to raise awareness and urge politicians to prioritize homelessness alongside other pressing issues in Montana.

Eric Protein Moseley is a social impact documentary filmmaker and homeless activist.

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