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Ephrata's Dirty Little Secret

Sunshine Firecracker Reporting On Ephrata Borough Criminalizing Homelessness in a Town Struggling with Compassion

By Sunshine FirecrackerPublished about a year ago Updated 5 months ago 5 min read
Ephrata's Dirty Little Secret
Photo by Tomas Martinez on Unsplash

Ephrata, Pennsylvania, is a picturesque town that proudly boasts the Green Dragon Farmers Market and attracts numerous visitors each year. However, behind its idyllic charm lies a darker reality: a growing homeless population that is becoming increasingly marginalized by local government policies. This issue is not just about individuals sleeping on the streets but also includes those who live in cars, bounce between couches, or find temporary shelter in storage units, offices, or even at their jobs. Ephrata’s homeless population is criminalized through ambiguous laws, denied meaningful assistance, and excluded from the community’s compassion—a crisis that has led to controversial enforcement, legal battles, and public outcry.

Mike Sznowshi: A Heartbreaking Example

Mike Sznowshi’s story encapsulates the injustice faced by Ephrata's homeless. A senior citizen battling cancer, Mike had received disability payments for over two decades before his benefits were cut off due to his inability to navigate the technology required to manage his benefits. Mike isn’t a criminal, a drug addict, or an alcoholic. He’s an elderly man with cancer, struggling with homelessness. Despite this, Mike has become a target of Ephrata’s system. When I personally spent over $5,000 on hotel bills to keep Mike off the streets, it wasn’t just to provide him shelter—it was to protect him from being sent to jail by Magisterial District Judge (MDJ) Torrey Landis. Landis has issued fines of up to $1,200 to homeless individuals for sleeping in public places, warning that they will be jailed if found sleeping in “his town” again​.

Mike’s story is not unique. His treatment reflects a broader issue in Ephrata, where the borough’s actions not only lack compassion but also verge on legal and constitutional violations.

Ephrata’s Vague Anti-Camping Law: Criminalizing Survival

At the heart of the problem is Ephrata’s anti-camping statute. This statute, however, is unconstitutionally vague, failing to define what “camping” actually means. Vague laws like this give police excessive discretion to decide who should be punished, often leading to arbitrary enforcement. In Mike’s case, simply napping on a public bench is enough for him to face criminal charges.

Vagueness in the law is a major constitutional issue. According to the legal precedent set by Kolender v. Lawson (1983), laws must be clearly defined so that individuals can understand what behavior is prohibited. When laws are vague, they violate due process rights guaranteed under the Fourteenth Amendment, as individuals are not given fair notice of what constitutes illegal activity. This vagueness is a common problem with anti-camping ordinances, not just in Ephrata but in many other municipalities across the United States​.

Moreover, the enforcement of these laws often leads to further marginalization of vulnerable populations. In Martin v. Boise (2019), the 9th Circuit Court of Appeals ruled that cities cannot criminalize homelessness by penalizing individuals for sleeping outside when no adequate shelter is available. The court held that such enforcement violates the Eighth Amendment, which protects individuals from cruel and unusual punishment.

Despite this precedent, Ephrata continues to enforce its anti-camping law while preventing sufficient shelter options, leaving people like Mike vulnerable to both legal penalties and further hardship.

Socially Conscious Solutions: The Role of Churches

Ephrata’s homelessness crisis could be addressed through more socially conscious solutions, many of which are already being pursued by local churches like The Living Room, part of Good Samaritan Services. The Living Room operates a winter shelter at 409 N. State St., providing essential relief to homeless individuals during the coldest months of the year. However, due to zoning restrictions imposed by the borough, this shelter is only allowed to operate for 60 days each year​.. This limitation leaves homeless residents without a year-round solution, forcing them back onto the streets or into makeshift living situations when the shelter is closed.

For many in the community, these zoning laws are not only restrictive but also a violation of First Amendment rights. The First Amendment protects the free exercise of religion, and for many churches, providing shelter to the homeless is a core aspect of their ministry. The borough’s zoning restrictions interfere with his church’s ability to fulfill its religious obligation to care for “the least of these,” as described in Matthew 25:40​.

Church Law & Tax

This verse, which calls on Christians to help those in need, is central to the mission of churches like The Living Room, yet Ephrata’s zoning laws make it difficult for them to carry out this work.

Zoning laws that restrict church-based shelters have been challenged in courts across the United States. In First Assembly of God v. Collier County (1994), for example, a federal court upheld a zoning law that limited a church’s ability to shelter homeless individuals, ruling that the law was neutral and of general applicability. However, the court acknowledged that if a law specifically targets religious practices, it could violate the Religious Freedom Restoration Act.

This case highlights the delicate balance between local governance and religious freedom—a balance that many argue Ephrata is tipping in favor of restrictive governance at the expense of religious rights.

Toward a Socially Conscious Future

Ephrata’s approach to homelessness stands in stark contrast to what many consider socially conscious solutions, which focus on addressing the root causes of homelessness rather than criminalizing it. Cities like Salt Lake City and Houston have adopted the Housing First model, which provides immediate housing without preconditions, followed by supportive services such as mental health counseling and job training. This approach recognizes that stability in housing is a prerequisite for addressing other issues like substance abuse or mental health disorders. It also dramatically reduces the cost of policing and emergency services, which are often overburdened when homelessness is criminalized rather than treated as a social issue​..

Ephrata could benefit from adopting similar models. By expanding its shelter programs, removing restrictive zoning laws, and working in partnership with churches and local organizations, the town could create a more compassionate and effective system for addressing homelessness. Instead of criminalizing people for simply trying to survive, Ephrata could provide them with the support they need to rebuild their lives.

Furthermore, there is growing evidence that criminalizing homelessness is not only ineffective but also counterproductive. Studies show that people who are fined or jailed for being homeless are more likely to remain homeless, as they accrue debt and face additional barriers to employment and housing. In contrast, cities that invest in supportive housing and services see a reduction in homelessness and an overall improvement in community well-being​.

Conclusion

Ephrata, Pennsylvania, faces a critical decision: Will it continue to criminalize its homeless population, or will it embrace a more socially conscious approach that aligns with both legal precedents and the compassionate values of its community? The stories of individuals like Mike Sznowski demonstrate the deep flaws in the current system. By relying on vague laws, harsh penalties, and restrictive zoning regulations, Ephrata is pushing its most vulnerable residents further into the margins.

The borough has an opportunity to change course by adopting policies that prioritize housing, health, and human dignity over punishment. Churches like The Living Room are ready to step up and offer their support, but they need the freedom to do so without the burden of restrictive zoning laws. It’s time for Ephrata to confront its “dirty little secret” with compassion, legal fairness, and a commitment to social justice. Only then can it truly be the kind of community it aspires to be—one that supports all of its residents, especially those who are most in need.

controversiescorruptionhumanitylegislationnew world orderpoliticianspoliticssupreme courttravelactivism

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Sunshine Firecracker

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