Louisville’s first attempt at getting people who were cited for sleeping on the street into a homeless diversion program was sparsely attended.
The program is meant to help people who’ve been cited under the state’s unlawful camping ban connect with nonprofits who provide housing navigation, addiction treatment and other services. People’s cases can be dismissed if they agree to work with service providers.
At Wednesday’s hearing, lawyers with the Public Defender’s Office and the County Attorney’s Office discussed people’s unique circumstances. Out of about two dozen people listed on the illegal camping docket, four showed up. Those who did were able to talk with representatives from St. John’s Center, VOCAL-KY and the city’s Office of Resilience and Community Services.
Erin White, head of the Jefferson County Attorney’s Office’s criminal division, acknowledged that attendance was low. But for a first meeting, it “was a great success,” she said.
“We all share a common goal of hoping to get these folks help so that they can progress and no longer be unhoused, in lieu of prosecution,” she said. “Everyone who appeared on the docket made connections to services.”
Some of the people who attended the hearing, however, already had relationships with service providers. One told the judge he was in a program run by the nonprofit Volunteers of America Mid-states. Another said he was in a drug treatment program.
District Court Judge Karen Faulkner, who presided over Wednesday’s hearing, ordered reporters not to take photos or video of the defendants’ faces and respect their privacy, so that people experiencing homelessness won’t be deterred from coming in the future. LPM News has also decided not to use their names.
Faulkner told those two men that as long as they keep in contact with the organizations they’re working with, their unlawful camping cases would be dismissed.
One elderly man, who said he was currently living on the streets, received help filling out applications for a Social Security card and state ID. Both are necessary to access federal housing assistance. He was also asked questions that helped service providers fill out a common assessment, which is the first step in the long process for receiving housing.
But for now, the man’s public defender said he would leave court to go back to living on the street because “there’s no housing for him.” The man will be at risk of being cited again for illegal street camping and winding back up in court.
Jennifer Twyman, an organizer with advocacy nonprofit VOCAL-KY, was one of the service providers who attended the hearing. Twyman runs VOCAL-KY’s day shelter on Brook Street, where people experiencing homelessness can access food, hygiene supplies and bathrooms.
She said she liked hearing that some of the cases were being dismissed, but she questioned how helpful this approach will be for getting people what they really need: housing.
“In one of the circumstances, where somebody is in treatment, my question is when they come out of treatment, there’s still no housing for that person, so how do we support them so they don’t continue that cycle?” Twyman said.
She said “even though this is a great thing,” the courts are not addressing the root causes of homelessness or solving the problem.
The vast majority of people who were required to appear in court Wednesday didn’t show. Their court dates were moved to the next illegal camping docket, which will be held in February. Prosecutors and judges hope that organizations who run shelters or outreach services can make contact with them and get them to the hearing.
But getting people experiencing homelessness to their court date has been a challenge in Louisville. Some of the people who were cited have received bench warrants for failure to appear, meaning they’ll be arrested next time they interact with a police officer.
With the creation of this new docket, the Jefferson County Attorney’s Office says they still reserve the right to prosecute or seek warrants for people who continue to miss their court dates.
Twyman said she’s concerned that even organizations that have relationships with people living on the streets may not be able to convince them to come to court. She said the state’s approach of criminalizing homelessness makes people distrust the system.
“When I have a police officer come up to me on the sidewalk because I’m unhoused and saying, ‘Do you want services?’ is not a way to get me to get me to access services,” Twyman said.
She said people experiencing homelessness also know that getting housing can take months and sometimes even years. Twyman said they know there also aren’t enough supportive services to help them live successful lives once they do get housed.
“There’s so many things we could be doing that aren’t this,” she said.
Louisville Mayor Craig Greenberg has expressed support for the illegal camping docket. At a press conference Tuesday, Greenberg said he plans to propose additional funding for the program using opioid settlement funds.
A spokesperson for the Mayor’s Office did not immediately respond to a request for comment on how the first docket hearing went and how much additional funding he wants to provide.
