Prosecutors agree to dismiss Louisville police citation of homeless, pregnant woman

LOUISVILLE, Ky. (WDRB) -- A case against a homeless woman who was cited for illegal camping while she was in labor was dismissed Wednesday at the request of the prosecution.

Louisville Metro Police was heavily criticized when the woman was cited while sitting on a mattress under an overpass as her husband went to call for an ambulance Sept. 27.

The woman, who has asked not to be named, was cited by Lt. Caleb Stewart, who has been the chief enforcer of the controversial state law citing homeless people for LMPD since it went into effect in July.

The story was first reported by Kentucky Public Radio in December.

Police Chief Paul Humphrey, who has defended police after the citation — pointing out that they called an ambulance for the woman, for example — has said in the media that, under the circumstances, he likely wouldn't have cited her.

In a brief hearing Wednesday in front of Jefferson District Court Judge Karen Faulkner, the Jefferson County Attorney's office and defense attorney Ryan Dischinger agreed to dismiss the case, without explanation.

After the hearing, Assistant County Attorney Erin White told reporters that "after our review of the evidence in that case, we decided that was the best decision, that was the just decision on that case."

Asked if County Attorney Mike O'Connell felt the woman should have been cited by police, White did not answer directly, saying again that, after the evidence was reviewed, the prosecution felt it was appropriate to dismiss.

Dischinger declined to comment after the hearing. The woman was not required to appear in court.

Previously, Dischinger had argued the Safer Kentucky Act, which took effect earlier this year and, in part, makes street camping illegal, was a constitutional violation, including the Eighth Amendment for cruel and unusual punishment.

He also argued the law is too vague and leaves too much interpretation up to law enforcement, providing little "if any guidance, as to what separates innocent behavior from criminal behavior."

The law allows Stewart and other police to see anyone sitting in public and assume their intent — resulting in arbitrary and unpredictable enforcement action, according to Dischinger recent motion.

Given the case was dismissed, the argument that the law is unconstitutional will not move forward.

Body camera of the citation shows Stewart exit his cruiser and walks toward the woman, who tells him, "I'm waiting for an ambulance. I might be going into labor. Is that OK?"

She told him her husband had gone to call for an ambulance.

Stewart, however, did not believe that she was in labor and told her she was being detained, though he did call an ambulance.

An RV the couple had been staying in had been impounded and the couple had been moving around nightly to try and avoid being homeless, the motion to dismiss claimed.

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