LOUISVILLE, Ky. — Louisville Metro Police (LMPD) said they have made four arrests and given out 11 citations for street camping since the 'Safer Kentucky Act' went into effect on July 15.
Houseless people can be fined up to $250 or spend 90 days in jail for street camping after one warning. They can be cited for sleeping on a sidewalk if they're in a tent, on a piece of cardboard or a blanket.
Houseless advocates told WHAS11 News the past 30 days have been the worst month they can remember for the mental health of houseless people in Louisville.
"It's been a little bit rougher than normal," Jeff Gill said, who runs Hip Hop Cares. "Not just finding them, because people are having to hide to safely find refuge, but...mentally."
Gill gives people rides to the hospital, does a weekly clothing giveaway every Sunday at the I-65 overpass on Broadway, and drives his van to different houseless camps to give out supplies.
WHAS11 looked through 10 misdemeanor cases where one of the charges people were facing was "unlawful camping." Many of the people were only cited, not arrested, and still had an upcoming court date.
One man missed his court date on Monday and now has a bench warrant and will be held on a $500 cash bond the next time police see him.
Another woman was arrested and had her case merged with another misdemeanor and was given two fines of $145 and $100. She had the $145 waived and was given "credit for time served" to cover the $100. She was released after spending five days in jail.
"I'm not sure exactly what will work, but I know what won't work," Gill said. "And incarcerating someone for their situation won't work. It won't work no matter how much [House Republicans] want it to."
We found two different officers writing these citations, and many times they marked them under a generic police code because the one they needed was not yet active.
"They know today that they have that court date because they got that ticket today," Gill said. "But in two weeks, when they've lost that citation, they chances of them remembering the court date, time, courtroom, and all that...very small."
Republicans in Frankfort who passed the law and overrode the governor's veto, said the point of this portion is to get houseless people off the streets and into programs and treatment.
The law has roughly 30 provisions, which also include things like increased punishments for certain firearms crimes and a "three-strikes provision" for violent felony offenders.
"We've heard from local law enforcement and elected officials here and from other communities that they are extremely optimistic about the 'Safer Kentucky Act,'" Representative Jared Bauman, R-Louisville, said. "We continue to monitor how all provisions are implemented and will work to ensure the bill meets its goal. Law-abiding men, women, and children deserve to know their safety and security is our priority."
The law has a provision directing municipalities to set up safe areas where people can camp freely, but doesn't set up any funding, structure or directions on how they're supposed to do that.
In January, a family who lost their 10-year-old son in an accident said the Safer Kentucky Act, officially known then as House Bill 5, could have kept him alive. The law also has a provision stiffening penalties for people who flee from police.
Gill said the notion that arresting houseless people will make streets safer is illogical.
"You're more likely to be robbed by a neighbor than somebody sleeping in a tent," he said.
In Denver, Colorado they have "Outreach Court" where a representative of the court system sets up a table in a public library or homeless shelter and helps people resolve their cases.
Gill thought that could be one way to stop people from missing their court dates.
Some of the people who have been arrested under the new unlawful camping law were also facing other charges such as fleeing from police, or criminal trespassing.
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