LOUISVILLE, Ky. (WDRB) -- A 59-year-old man was cited Nov. 16 after police found him staying in a porta potty under a tarp in George Rodgers Clark Park after the park had closed, charging him with criminal trespassing and unlawful camping.
On Wednesday, the man, who is not being identified by WDRB News, was in court to face the charges stemming from the controversial Safer Kentucky Act, which took effect earlier this year and makes street camping illegal.
In Jefferson District Court on Wednesday, Judge Karen Faulkner asked how the man was doing.
"I'm alive," he responded. "How are you?"
The prosecution and defense told the judge the man was getting help from social service organizations. Faulkner told him to come back in two months and if he continued to seek help and find a place to live, the charges against him would be dismissed.
His case was one of about two-dozen unlawful camping citations to be heard in Jefferson District Court's "Unlawful Camping," docket Wednesday. The special docket will be held every month to help those homeless facing charges meet with social service agencies to provide them aid instead of incarceration or fines.
The controversial law has been called cruel, unconstitutional and an additional hardship for the homeless, who are cited and possibly fined, jailed or face a search warrant for not showing up to court. It is a misdemeanor crime.
The new docket is the result of a partnership between the courts, county attorney, public defenders and a coalition of service organizations, according to a media release. Some of the community providers participating include the Coalition for the Homeless, Seven Counties Services, the ACLU and St. John's Center, among others. Providers were in the court Wednesday helping the homeless who had shown up.
"Our goal is to create an opportunity for the people who find themselves on this docket to find people there who are sincerely interested in helping them address the issues that have caused them to be unhoused," according to the press release.
On Tuesday, Mayor Craig Greenberg said he will recommend that the Metro Council fund the program using opioid settlement money.
"We want to be supportive of the diversion programs made available to individuals who are cited for unlawful camping in our community," he said during a press conference.
On Wednesday, only a handful of defendants showed up to court, which will be one of the toughest issues the program will face. So far, most of the people cited simply don't show up for court and a warrant is issued.
During the hearing, instead of issuing a warrant, Judge Faulkner said the defendants will be summoned back to court for next month's docket.
If they do not show at that point, however, it is unclear what will happen. Prosecutors say they may ask for warrants to be issued, which the public defender's office opposed. Faulkner said it will be up to the presiding judge.
Assistant County Attorney Erin White said the hope is that the social service providers will help find and get the people to court.
"That's why we're so thankful that the community partners are so invested in this program because we are relying on them because they have contact with some of these folks to help get to court, provide the services and make contact with their attorneys so we can get them back on the right track," she said. "It's progress, not perfection."
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