Kentucky unleashes fury with bill to legalize deadly force against unhoused

January 20th, 2024

Awake Goy

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Republican lawmakers in Kentucky have ignited a firestorm of controversy with the introduction of the “Safer Kentucky Act.” This proposed legislation, which has garnered substantial support from over 45 Republican co-sponsors, seeks to criminalize homeless encampments and expand the state’s Stand Your Ground law. The bill’s approach to confronting unhoused individuals has drawn sharp criticism from various quarters, including Lexington council member Tayna Fogle, who expressed deep disappointment and called for public opposition.

The bill’s provisions represent a significant shift in the state’s approach to handling homelessness, raising critical questions about the balance between property rights and the rights of the unhoused. As the debate intensifies, the bill stands at the forefront of a contentious discussion on homelessness and public safety.

Under the proposed “Safer Kentucky Act,” cities in Kentucky would gain the authority to designate specific areas for unhoused individuals. Those found sleeping in unauthorized areas, such as in vehicles or makeshift shelters, could face misdemeanor charges, including fines up to $5,000 and potential imprisonment. This legislative move marks a drastic step towards penalizing homelessness, a move that has not gone unnoticed by advocacy groups.

Additionally, the bill allows property owners to confront unhoused people with a gun and potentially use deadly force in cases of criminal trespass, including “unlawful camping” on private property. This expansion of the Stand Your Ground law has raised significant concerns about the potential for violence and the escalation of conflicts involving property owners and the unhoused.

Advocacy groups have been vocal in their opposition to the bill. Catherine McGeeney, a spokesperson for the Coalition for the Homeless, criticized the bill for failing to address the underlying causes of homelessness. She argues that penalizing individuals for sleeping in their cars or other makeshift arrangements does nothing to solve the root problem but instead exacerbates it by diverting funds from successful housing programs.

The bill’s approach has been described by opponents as punitive rather than rehabilitative, a criticism that underscores the growing debate over how best to address homelessness. Advocates stress the need for comprehensive solutions that focus on providing support and resources, rather than criminalizing poverty and homelessness.

The bill’s extension of Stand Your Ground laws to include confrontations with unhoused individuals is particularly contentious. Critics argue that this provision could lead to unnecessary and tragic violence, with property owners potentially using deadly force against vulnerable individuals. This aspect of the bill has ignited fears of exacerbating already tense interactions between property owners and the unhoused.

McGeeney and other advocates have emphasized the need for de-escalation and providing help in such situations, rather than resorting to force. The proposed expansion of the Stand Your Ground law is seen as a dangerous precedent, one that could lead to tragic outcomes and further marginalize the unhoused population.

Apart from targeting the unhoused, the “Safer Kentucky Act” introduces a range of additional criminal charges. These include a “Three Strike Law” for repeat violent felony offenders and heightened penalties for crimes like fentanyl distribution leading to an overdose. The bill also proposes classifying fleeing from law enforcement as a Class C felony and authorizes the death penalty in cases involving the murder of a first responder.

However, these increased criminal charges are likely to result in more incarcerations in Kentucky’s already overcrowded prisons. A study by the Vera Institute of Justice highlighted the state’s reliance on criminalization to address issues like poverty, homelessness, and addiction, contributing to a dramatic increase in incarceration rates.

Kentucky’s approach to criminalizing social issues has led to a notable incarceration crisis. A 2021 analysis by the Prison Policy Initiative ranked Kentucky seventh in the world for its incarceration rate. The state’s jails and prisons have faced significant overcrowding, with over 21,000 individuals in jails and nearly 10,000 in state prisons by the end of April 2022.

This overcrowding is a direct result of the state’s legislative choices, which have increasingly focused on punitive measures rather than rehabilitative or preventive approaches. The “Safer Kentucky Act” is seen as a continuation of this trend, potentially exacerbating the existing problem of prison overcrowding.

Republican chair of the Kentucky Senate Judiciary Committee, Whitney Westerfield, acknowledged the challenges of addressing social issues through criminalization. He noted that it is easier to campaign on being tough on crime than to do the hard work of recovery and rebuilding lives. This sentiment echoes the concerns of experts who argue for a more compassionate and effective approach to social problems.

The criticism from within the Republican Party signifies a growing awareness of the limitations and downsides of punitive legislation. Experts and some lawmakers advocate for solutions that focus on support, rehabilitation, and addressing the root causes of issues like homelessness and addiction.

In response to the proposed legislation, various advocacy groups, including the Kentucky Center for Economic Policy and the Coalition for the Homeless, held a press conference to condemn the bill. Representatives from these organizations emphasized the need for more humane and effective approaches to homelessness, rather than criminalization.

Felicia Nu’Man of the Louisville Urban League highlighted the counterproductive nature of incarcerating individuals for non-violent, poverty-related offenses. She stressed the importance of reserving incarceration for those who pose a genuine threat to public safety, rather than using it as a catch-all solution for social issues.

Individuals like Gregory Searight, who have experienced homelessness in Lexington, provide a human face to the issue. Searight’s positive interactions with law enforcement, which included receiving morning coffee and donuts, contrast sharply with the punitive measures proposed in the bill. His story illustrates the complexities of homelessness and the potential impact of criminalizing such a vulnerable population.

The bill’s impact extends beyond legal ramifications to affect the daily lives and dignity of the unhoused. Personal accounts highlight the need for empathy and understanding in legislative responses to homelessness, emphasizing that punitive measures can have far-reaching and detrimental effects on individuals and communities.

Investigation into the origins of the “Safer Kentucky Act” reveals its connection to the Cicero Institute, a think tank based in Texas. The influence of external organizations like the Cicero Institute on state legislation raises questions about the motivations and interests driving such bills. The involvement of former advisors to Kentucky’s ex-Governor Matt Bevin in promoting the bill suggests a coordinated effort to push a specific ideological agenda at the state level.

The bill’s alignment with model legislation from the Cicero Institute, which has been adopted in various forms in other states, points to a broader national trend of criminalizing homelessness. This trend has significant implications for policy-making and the treatment of the unhoused across the country.

The “Safer Kentucky Act” has become a focal point of debate in Kentucky, reflecting wider societal and ethical concerns about how to address homelessness. The bill’s approach to criminalizing the unhoused and expanding Stand Your Ground laws has been met with strong opposition from advocacy groups, experts, and some lawmakers. The controversy surrounding the bill underscores the need for more compassionate and effective solutions to social issues.

“We cannot continue to incarcerate everyone. It is a purely remote emotional response,” said Felicia Nu’Man, advocating for more humane and practical solutions to homelessness and poverty.