Police Face Criticism For Large Groups Camping Near Courthouse

MANCHESTER, NH — Many people reach out and complain to local police departments about the large gatherings of people in these outside areas.

One location which has recently become more populated is the corner lot next to the Hillsborough County courthouse at Merrimack and Chestnut streets.

The most public location which gained attention was the large encampment under the Amoskeag Bridge. This location became a focus during the COVID-19 perceived outbreak at the New Horizons Shelter. The city of Manchester and the state of New Hampshire brought in portable toilets, hand-washing stations, and arranged food delivery to those living there.

Patch reached out to Manchester Police Chief Carlo Capano to talk about several areas to learn what local police can do to enforce who is in the open spaces.

The areas are commonly referred to as “green space,” according to Capano. They are not actual parks, and are spaces open to the public. The result of the green space areas is that police can only enforce criminal behaviour, and violations which occur in these areas.

Examples that Capano gave were that drinking in public, public urination or any criminal offenses are things which could be enforced. Violations such as the drinking in public result in a written violation being given to the person in violation. Violations are considered minor offenses, and if the person fails to pay the fine rarely is any follow up action taken by the court. Someone’s inability to pay usually results in the violation remaining on file or it being waved. Violations can result in a person not being able to register their vehicle, but most of the people in these cases do not have vehicles.

In the case of the land adjacent to the Hillsborough County courthouse, this is property which does not belong to the city of Manchester. The space is owned by the state of New Hampshire and the courthouse building is leased to Hillsborough County.

Recently 30 people gathered in the space with hammocks hanging from trees, laundry hanging, a gas grill, and several overflowing trash cans. Manchester Fire and AMR ambulances respond frequently to the area for medical emergencies.

Capano said the adjacent veteran’s park is property belongs to the city of Manchester. When an area is owned by the city and classified a park, curfews and rules can be established. Once those rules are established, it gives MPD the ability to take on enforcement.

Capano pointed to the area of Granite and Commercial streets where tents and encampments were previously set up. The city owns the space and took steps to convert it to a park. Once this is done, signs with rules and curfew times were added, and the people living in the space were removed.

Areas surrounding railroad tracks also leave the police with limitations on being able to do enforcement. The railroad tracks and adjacent areas are owned by the railroad, and enforcement is done by the railroad police. Police have no jurisdiction unless a criminal act is committed. Railroad police do not visit the areas frequently.

Sidewalks in downtown Manchester are also a place that small groups gather with their belongings. The people will gather around trees on the sidewalk which again are considered green space. Manchester Police can only enforce criminal behavior, and can not remove these people.

Manchester is currently doing outreach to the people living in all these spaces. The people are offered medical services, water, and food. Outreach workers also work to transition the people to a shelter or to housing. The challenge is many people do not want to move to structured areas for assorted reasons including mental health issues.

Nashua Police Chief Michael Carignan said in an interview that Nashua does not appear to have the level of problem that Manchester is experiencing with green space. Carignan said downtown Nashua does not have any large expansive areas of green space that is similar.

The areas in Nashua would not accommodate a large group without people blocking sidewalks — which would be a violation. Carignan said if panhandlers step into the street and impede traffic, they are committing a violation which is enforceable.

Carignan was asked if he thought more people migrated to Manchester due to the support services. He said he believed Nashua has an equivalent amount of services. Carignan indicated that Manchester does have a full Veteran’s hospital which Nashua does not have.

Capano said community policing visits the area adjacent to the courthouse, and many other green space areas daily. The encampment on Canal Street under the Amoskeag Bridge currently has an officer on-site 24/7 as part of an agreement to provide security for the people living in the encampment.