Race Day Live LOUISVILLE, Ky. (WAVE) – A lawyer is working to have the case dismissed for a homeless woman who was cited for street camping while in labor. Her attorney argues that her constitutional rights were violated during the incident.
The woman, in early labor, was cited by LMPD Lieutenant Caleb Stewart on September 27. The body camera footage shows Stewart issuing the citation while the woman asks for help.
Although she was in obvious pain, the lieutenant doubted she was truly in labor but still called for an ambulance and handed her the citation.
Attorney Ryan Dischinger, who represents the woman, filed a motion on January 17, saying the street camping law is too vague.
He pointed out that terms like “area” and “intent” lack clear definitions, giving officers too much discretion when enforcing the law.
Police Chief Paul Humphrey shared his thoughts on the situation, explaining that Lieutenant Stewart was not convinced the woman was truly in labor.
“We get lied to every day,” Humphrey said in an interview. “The reasoning was he felt she was using a medical condition to avoid enforcement.”
The law in question is part of the Safer Kentucky Act, which critics say focuses too much on punishment instead of solving the real problems faced by people struggling with homelessness. Former Rep. Josie Raymond spoke out against the bill, calling it ineffective and overly punitive.
Dischinger also argues that the citation violates the woman’s Eighth Amendment right, which protects her from cruel and unusual punishment.
He believes that by criminalizing street camping, the state is effectively forcing homeless individuals out of Kentucky, which he claims goes against the Constitution.
Additionally, Dischinger argues that writing a citation for someone who is not committing a crime does not solve any real issues. He also claims that the law unfairly targets people based on their economic status, violating the equal protection clause of the Constitution.
Efforts to remove provisions related to street camping from the Safer Kentucky Act were unsuccessful. Rep. Lindsey Burke from Fayette County stated that the law should not be enforced on people who are already struggling with homelessness.
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The Safer Kentucky Act, which includes several laws aimed at improving safety, was passed to reduce crimes, including street camping.
Supporters argue that criminalizing street camping will help protect vulnerable people, like those experiencing homelessness, by encouraging them to seek shelter and support.
Dischinger, however, maintains that citing the woman for camping while in labor didn’t serve any purpose other than to punish her. He says it didn’t stop any crime or protect businesses.
The outcome of the case is still unclear, and the woman is scheduled to appear in court next week. WAVE reached out to state representatives and officials for comment but did not receive responses.
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