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The National Park Service (NPS) will clear the unsheltered encampment at McPherson Square on February 15, 2023, shifting the closure date up two months from the initial posted closure date of April 12, 2023. The updated closure date responds to the Office of the Deputy Mayor for Health and Human Services’ (DMHHS) January 9 request that NPS close the McPherson Square encampment by February 1 because high levels of illegal drug activity and other dangerous and unsafe activities significantly impede social services outreach and endangers social services providers, mental health clinicians, unsheltered individuals, and the public. Following DMHHS’ request, the NPS considered the recommendation of the United States Park Police (USPP) regarding what resources and outreach would be required, and determined the February 15 closure date. DMHHS’ request to NPS to close the McPherson Square encampment acknowledged that the size and constitution of the encampment stymied the District’s ability to provide effective social services for the unsheltered individuals at this location. The McPherson Square encampment is the largest in the District, with over 70 individuals in early February and has experienced rapid and steady growth over the past few months. Continued increases to this high-density encampment not only made it difficult to provide social services, but challenged emergency response, sanitation support, and trash removal. USPP’s targeted law enforcement operations at McPherson Square also indicate growing criminal operations and the presence of individuals potentially linked with high levels of violence and illegal activity. USPP’s work to identify and isolate criminal actors has resulted in approximately 30 arrests at McPherson Square over the last eleven months including arrests for assault, threats, wanted individuals, and narcotics crimes. Over the past six months, three unsheltered individuals died at McPherson Square due to exposure or drug overdoses. The latest death occurred on January 10, 2023. On January 21, an unsheltered individual was found deceased just off park property in this area. NPS has also received increasing community complaints of open air drug and alcohol use, prostitution, public harassment of residents and visitors to the area, and trash and debris blocking public access. DMHHS assured NPS that the February 15 closure of the McPherson Square encampment will not substantially impact the ongoing efforts to move unsheltered individuals into permanent housing. Up until the recent development of severe health and safety issues, service providers have engaged in intensive outreach to unsheltered individuals willing to accept services for close to four months, following NPS’ issuance of the formal closure notice on October 25. DMHHS noted that an additional month of engagement will not result in a meaningful increase in the number of individuals moved into housing. While camping is prohibited on national parkland in DC, the NPS has adhered to CDC guidelines and generally allowed unsheltered encampments to remain during the COVID-19 pandemic. However, NPS must consider the overall health and safety of all park users and will clear encampments when they pose a security, health, or safety risk. Any temporary structure used for camping and unattended belongings left in the encampment after the closure will be subject to seizure as abandoned property under 36 CFR 2.22, and may be reclaimed by the property owner by contacting the U.S. Park Police Brentwood Property Office at 6th & Penn Street, NE; Washington, DC 20002; (202) 426-6850, if done within 60 days. Items determined to be trash or a biohazard, however, will be disposed of as refuse. Individuals are advised to promptly dispose of these items. The clearing of the unsheltered encampment at McPherson Square and temporary park closure for rehabilitation is not of a nature, magnitude, and duration that will result in a “significant alteration in the public use pattern.” Other nearby park areas will remain open to the public. The closure will not adversely affect the parks’ natural, aesthetic, or cultural values; nor require significant modification to the resource management objectives; nor is it of a highly controversial nature. Accordingly, the NPS determines that publication as rulemaking in the Federal Register, is unwarranted per 36 C.F.R. § l.5(c). This is consistent with hundreds of earlier partial and temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. Picciotto v. United States. No. 99-2113 (D.D.C.); Picciotto v. United States, No. 94-1935(D.D.C.); Picciotto v. Lujan, No. 90-1261 (D.D.C.); Picciotto v. Hodel, No. 87-3290(D.D.C.); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), affld in part w/o op. 56 F.3d 1531(D.C. Cir. 1995). Pursuant to 36 C.F.R.§ 1.7, notice of the clearing of the unsheltered encampment at McPherson Square and temporary closure of the park for rehabilitation will be made by installing fencing and posting signs at conspicuous locations in the park. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request. /s/ Jeffrey P. Reinbold Superintendent February 13, 2023 |
Last updated: February 13, 2023