In Kentucky, politicians are preparing to vote on a law that would authorize the use of force against unhoused people who are found to be camping on private property.
Republican politicians in Kentucky are rallying behind a new bill that would authorize the use of force—and potentially deadly force—against unhoused people who are found to be camping on private property. The bill would also criminalize unsanctioned homeless encampments and restrict cities and towns from preempting state laws.
The bill, known as the “Safer Kentucky Act,” or HB5, would target homelessness, drug possession and mental illness by drastically increasing criminal penalties for a range of offenses. Introduced last week by Republican state representative Jared Bauman, it already has 52 sponsors in Kentucky’s House of Representatives. A vote is scheduled for this week.
Advocates are most alarmed by one aspect of the “Safer Kentucky Act” in particular: an anti-homeless provision that would authorize violence by property owners on people camping on their property. The bill says the use of force is “justifiable” if a defendant believes that criminal trespass, robbery or “unlawful camping” is occurring on their property.
More accurately if you’re if you’re trespassing, have been asked to leave, and in turn responded by using force or threatening force then the person you are trespassing against can use force against you. They don’t have to just let you do as you please until you pose an immediate risk of death or serious injury to them.
So, for example, under this bill: If an unhoused person sets up camp in your front yard and makes a godawful mess of it, you can’t shoot him. If you ask him to leave, and he does, you can’t shoot him. If you ask him to leave and he just ignores you, or tells you to fuck off, you can’t shoot him. If you ask him to leave and he threatens to stab you to death if you try to make him leave, then you can shoot him.