Homeless in NE: Public safety v individual rights

As the U-S Supreme Court prepares to rule on a controversial case involving the homeless, Nebraska officials are also grappling with the slippery issue of public safety versus individual rights.

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City Councilman Don Rowe, Omaha (R): “You’ve got one of the toughest jobs in the city, I’m convinced.”

That's Omaha City Councilman Don Rowe talking to Tamara Dwyer, the Mayor’s homeless expert.

Councilman Rowe: “Appreciate you coming to work every day.”

Tamara Dwyer: “Thanks I appreciate that.”

According to the city, so far this year some 90 homeless encampments have been removed, the people given other services.

Statewide, Nebraska reports nearly 2,462 homeless, most of those in Omaha and Lincoln.

Enough to find South Omaha State Sen. Mike McDonnell earlier this year pushing legislation that would make it illegal to put up a tent on city property, like a park.

State Sen. Mike McDonnell, Omaha (R): “Always number one is public safety. So, is the public safe? Are those businesses thriving? Are these people then given the opportunity to get the help they need?”

But if the homeless don’t move they’re facing a maximum penalty of 3 months in jail, and a $500 fine.

And that puts McDonnell, who is looking at a run for mayor next year against incumbent Jean Stothert, at odds with Stothert.

Mayor Jean Stothert, Omaha (R): “The last thing I would want to do or ever do is to criminalize being homeless. I don’t think anybody should be homeless, I know there was discussion in the Legislature about making it a crime and I don’t think that’s the way to end homelessness; it’s to get them the services they need to get out of the situation they are in and hopefully into a shelter.”

At the same time, a court case out of Grants Pass, Oregon is waiting for a decision by the U.S. Supreme Court. Similar to Omaha, Grants Pass has an affordable housing problem, adding to its homeless problem.

Helen Cruz/Fined for camping: "There is absolutely no housing in Grants Pass, Oregon. There is no shelter available for anybody that's out there. We have no place to go."

In 2013, the city stepped up its enforcement of anti-camping laws, banning anyone from sleeping outside with any kind of bedding, including a blanket, pillow or even a cardboard box.

Penalties included fines starting at $295 or 30 days in jail for repeat offenders.

Helen Cruz/Fined for camping: "I have a lot of tickets from Grants Pass. Almost $5,000 worth."

So, she and others sued arguing the tickets were  cruel and unusual punishment.

The lower courts agreed blocking the city from enforcing the law, which is waiting for a decision by the Supreme Court, likely later this month..

Back in Nebraska, the debate continues.

Kirti Trivedi, Omaha Apartment and Business Owner: “Defecating, urinating in my lobbies, attacking and pushing my employees who have to get to their cars when they're walking home.”

Erin Feichtinger, Women’s Fund Omaha: “57% of all homeless women report that some domestic violence was the immediate cause of their homelessness. The response to these numbers is not further punishment.”

And while waiting for the Supreme Court ruling it appears McDonnell’s homeless bill is dead.