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'Only silence is allowed': Activists decry proposed MDOT rules that could affect protests, unhoused

MDOT rest stop off I-75 in Grayling
Photo Credit: Maxwell Howard
MDOT rest stop off I-75 in Grayling

The proposed rules would prohibit staying at a rest area longer than 48 hours, require a permit for group activities and prohibit "disruptive behavior," including soliciting.

Housing advocates are asking the Michigan Department of Transportation to consider changes to proposed rules limiting the amount of time spent at rest stops.

The proposed rules would prohibit staying at a rest area longer than 48 hours.

Critics say the change would make it harder for unhoused community members to find a place to sleep.

It's a story WKAR News has been following since this past summer when we spoke to numerous people who may be impacted across the state.

Krystle, who did not provide a last name during a virtual hearing Wednesday, told MDOT officials that she will be unhoused at the end of the month.

“Most of us who are unhoused and have to live in our van, that is the last bit of shelter we have,” she said. “That is the last bit of dignity we have, and now we are directly under attack.”

“This is not where I want to be,” she added. “Taking this and criminalizing it, what are you going to do then? Impound my home because that’s what I have, and then take away my service dog and put her in a shelter, and then give me fines that I cannot afford to pay because I literally have no income?”

Shannon Tanis said she has been chronically unhoused since 2019 and has been living out of her vehicle for the past 10 months.

She said the rest stops have generally been safe, and existing laws already cover things like waste dumping.

“People generally peaceably existing and using the facilities just to have means to be clean and survive and exist should not be criminalized in any capacity,” Tanis said.

Tanis said the rules would be a violation of the “constitutional protection of people to have the right to exist and survive.”

Nicholas Cook is the director of public policy for the Michigan Coalition Against Homelessness.

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He said if the rules are implemented, MDOT should provide at least two-weeks’ notice before requiring people to vacate, develop a plan to allow displaced individuals to reclaim property and connect them with housing and support services.

“Asking individuals if they need help rather than penalizing them can be the first step towards a path to stable housing,” Cook said.

Cook said the new rules could delay or derail efforts to secure stability.

“Even a minor fine can set someone back weeks or months, making it harder to access services or regain footing,” Cook said.

Violating the rules could come with a misdemeanor charge.

Greg Losch, a regional engineer for MDOT, said the rules are not meant to criminalize homelessness and would apply equally to everyone.

“These rules really work to clarify that MDOT facilities are designed and intended for short-term use, not long-term stays,” Losch said.

He said the 48-hour time limit is more generous than many other nearby states.

Organizers say other proposed rules would limit free speech by making it more difficult to protest on overpasses or gather petition signatures at rest stops.

The proposed rules would require a permit for group activities and would prohibit "disruptive behavior," including soliciting.

Brenda Clark says the rules would pose a threat to free speech.

“What this rule does is turn sidewalks, rest stops and overpasses into places where only silence is allowed, and silence is dangerous when it comes to civil rights,” Clark said.

The goal of requiring permits would be to ensure the safety of protesters by coordinating traffic control, Losch said.

Clark drew a parallel between the rules affecting protesters and the rules affecting unhoused community members.

“The homeless community is already treated like they're invisible. Protesters are treated like a nuisance,” Clark said. “If these rules pass, both groups will be pushed further to the edges, where nobody has seen has to see them and nobody has to hear them.”

“But here's the truth: Erasing people from sight doesn't make the problems go away,” Clark said. “It just makes it easier for those in power to ignore them.”

Community members can submit written feedback on the proposed rules through Nov. 20.

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WKAR’s first live pledge drive since federal funding was eliminated is happening now. Our goal for the drive is $60,000 and reaching it will bring us one step closer to closing the federal funding gap.
Your support helps keep trusted journalism, classical music, and educational programming freely available for everyone in our community.
How can you help? Become a sustaining donor today. Already a sustainer? Please consider increasing your monthly contribution.