Wilmington City Council Reviews Public Camping & Defecation Ordinances
- 18 minutes ago
- 2 min read
On August 6, 2026, Wilmington City Council approved an ordinance prohibiting public urination and defecation, while final readings of an ordinance regulating public camping were moved to September 3 to allow for revisions.
The ordinances prompted discussion among council members, police, the city prosecutor, and administration about giving law enforcement additional tools while ensuring the city's laws are legally sound.
Parks Director Kenny Upthegrove submitted a letter read at council describing ongoing problems encountered by park employees, including people sleeping on park equipment. Councilmen Earley and Tolliver expressed frustration that these types of issues have continued and argued that police need additional authority. Mayor Haley's Chief of Staff, Mike Cluxton, said, "We're beating the same horse to death that we started two and a half years ago, and we are no further along."
Wilmington Police Chief Josh Gibson raised concerns about the language of the proposed camping ordinance, particularly with prohibiting any person from sleeping on public property. He said it could unintentionally apply to someone who becomes tired while driving, pulls over, and takes a nap in a park. Gibson supported addressing the problem, but recommended narrowing the ordinance.
Chief Municipal Prosecutor Sarah Barger agreed that action is needed but also recommended revisions. Barger objected to the phrase "no person shall" sleep on public property, saying it could technically include everyone from a sleeping toddler to an elderly resident resting on a bench. She warned that an overly broad ordinance could face a legal challenge and create additional court expenses.
Councilman Schlabach supported revising the legislation while raising the broader question of what happens to people after they are removed from public property. He referenced a program in Newark that connects people charged with certain nonviolent offenses with rehabilitation, counseling, medical care, and other resources.
Mayor Pat Haley said he does not believe it is the city's responsibility to construct and operate housing for people experiencing homelessness, noting that Wilmington lacks the money and staff necessary to operate a facility.
Wilmington Safety Director Nick Eveland recounted a recent situation involving a woman experiencing a mental health crisis. Police contacted Sugartree Ministries, which helped locate treatment in Cincinnati. "I know there's people in this room that don't think highly of Sugartree," Eveland said. "But where else would you go at that time of night to find somebody who could take care of this woman?"
After being released, the woman was sent back to Wilmington wearing only a paper hospital robe. "Now, that isn't exactly treatment," Eveland said. Eveland said the incident illustrates a larger challenge facing both the city and law enforcement. Police can enforce laws and make arrests, he said, but officers cannot provide the mental health, addiction and social services that some individuals need.
When it came time to vote, Schlabach moved to give first reading of ordinance 26-45 while reiterating that the police chief and prosecutor recommended revisions. Council approved first reading, while Schlabach and Knowles voted to move second and third readings to September 3.
Learn more at wilmingtonohio.gov.
