Louisville police balance enforcement and assistance under new public camping ban

LOUISVILLE, Ky. (WDRB) -- Nearly five months ago, the crime-sweeping bill, known as the Safer Kentucky Act took effect. It made street camping illegal.

It has paved a way for the Louisville Metro Police Department and the city to remove homeless people more quickly.

The law makes repeat camping in public areas, such as streets or beneath overpasses, a misdemeanor.

LMPD Lt. Caleb Stewart is head of the Downtown Area Patrol. Stewart said when it finds someone in violation of the law, it will first give that person a warning. If that individual is caught breaking the law again, they will receive a citation.

Stewart said officers check for four things if someone is in violation: camping in a prohibited location, enter area with intent to sleep or camp, area could not be designated camping area and person lacks authorization, the person has been warned before.

"When we're dealing specifically with unlawfully camping we have that self-imposed restriction where we won't cite people unless they've already been warned before," Stewart said. "The statute doesn't require that, but that's something that we make sure that we do."

Three times a week, Stewart, along with two other officers, Metro Homeless Services, and Waste Services will work in together and check spots where people are known to camp.

On Wednesday, a man was found asleep, blocking the entire sidewalk under I-65 on Gray Street. Because the individual was blocking the sidewalk and under a bridge, Stewart approached first.

Stewart asked the individual if they tried to get into Wayside and offered Metro Homeless Services help.

"Would you like to speak to Homeless Services about a housing assessment," Stewart asked the man.

The man accepted the help from Homeless Services and spoke to a team member.

LMPD enforcing camping ban.jpg — The Louisville Metro Police Department along with Metro's Homeless Services and Waste Services on Dec. 4 checked places people tend to camp unlawfully. (WDRB photo)

However, because this is a man Stewart has come into contact with and previously warned of violating the law, Stewart wrote him a citation.

"You have a court date on Jan. 29, If you fail to appear a judge could potentially issue you a warrant," Stewart said.

Even after getting a ticket, the man cited asked Stewart for help to get a job.

"I'll try to pull some resources together about potential job opportunities," Stewart said.

And ended with a handshake.

"Some people may think it's more compassionate to provide somebody a tent and food out here and hand it out, I think one way of looking at that is it's encouraging people's behavior to continue living out here," Stewart said. "I think it's important we create that bit of friction of people to maybe help inspire them to make other decisions."

"I look it as we haven't given up on these people," Stewart said.

A few minutes after that, the caravan continued to work its way north, closer to the river.

"When people maybe feel just a little bit more friction with their current situation living on the street they'll make a better decision and decide that's not what they want to do anymore," Stewart said.

In stops where the team did not come across anyone, they cleared trash and threw away belongings left in a public space.

In one instance, a shopping cart full of items in the sidewalk was thrown into a garbage truck. Homeless Services did survey the area first to see if the owner of the items was nearby.

Just a few feet away from the shopping cart of items was a sign that read, "no camping at any time," and stated the area is cleaned every Wednesday. The sign also included a phone number to contact the Coalition for the Homeless.

LMPD enforcing camping ban 5.jpg — The Louisville Metro Police Department along with Metro's Homeless Services and Waste Services on Dec. 4 checked places people tend to camp unlawfully. (WDRB photo)

The signs are posted in various locations where homeless people frequent.

"There's very clear violations of state statutes that are going on," Stewart said.

Not every interaction with an unhoused person, ends with a ticket. Stewart said sometimes the law can be a little unclear.

In one case, a man sitting under I-65 near Slugger Field was not cited. He did not fully block the sidewalk, or have camping equipment set up. Instead, officers asked him to pack up some of his items that were on the sidewalk.

"If it's a gray area we're going to err on the side of not taking enforcement action. So, that situation right there is a little bit of a gray area," Stewart said. "He's been warned before, he was found inside of a tent there one day earlier this week one officer told me. If we found him in violation again he would have been cited, but it was a little bit of a gray area."

Since the law passed in July, LMPD has written 51 citations which is an average of about two or three a week.

Stewart said the department will soon designate officers to work primarily with homeless services.

"Everybody that's been dealing with these issues has been on a part time basis, but recently, we've gotten approval from the chief's office to dedicate some full time resources to it," Stewart said. "We have a sergeant and an officer, that is their primary job to be assisting the Homeless Services Division in dealing with some of these issues. So we're in the process of training them right now, but we'll likely be adding one more person to the team."

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