The parking lot outside the Emergency Shelter of Northern Kentucky has become a haven for people who have no other place to sleep but their cars lately.
Executive Director Kim Webb says that's because people experiencing homelessness in the region are worried they'll be cited or arrested for not having housing under the state's month-old Safer Kentucky Act.
Covington police haven't enforced the law — at least not yet. But Webb says it has made it tougher for the people they serve, including people who are working or elderly, who are living in a region without enough shelter beds or housing units.
It isn't entirely clear how many people in the region are experiencing homelessness. Webb says the number is fluid, with people coming and going from the area. Some find homes and others lose homes, meaning the number is constantly fluctuating. Statewide, more than 4,700 people were counted as experiencing homelessness during HUD's Point In Time Count last year. That count takes place among homeless shelters during 10 days in late January.
Webb says whatever the exact number is, it exceeds the number of shelter beds in the region. The Emergency Shelter has 68 beds for single men all year round. It also operates a winter shelter and reserves 16 of its beds for women in the winter months.
"We have to tell people at the door and on the phone all day long, 'We don't have another option for you in our community,' " she says.
There are a few other options in Northern Kentucky depending on an individual or family's situation, but Webb notes there are many Kentucky counties without a single shelter.
The Safer Kentucky Act went into effect July 15. It's a multi-faceted law containing a provision that makes street camping or sleeping in a car a misdemeanor offense.
Law enforcement in Newport and Covington say they haven't cited or arrested anyone under the law yet.
Covington already had an ordinance prohibiting camping in public parks and on riverbanks after 9 pm, but that local law isn't as far-reaching as the state's.
"Our unofficial policy is that we aren't seeking out violators for this," Covington Police Lt. Justin Bradbury said in an email. "We plan to use the law as a tool when quality of life issues need to be addressed. However we have not needed to use it so far."
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Other cities like Louisville have, however, and it's unclear what municipalities will enforce the law — and when — moving forward. Webb says people who come to their Covington shelter aren't sure what to do given the mixed messages.
"There's a high level of fear right now," she says. "They don't want to go to jail. They don't have the money to pay a fine. They don't want to lose their benefits if they do go to jail. They don't want to lose their job."
Webb points out that Cincinnati, just across the river, has opted for a different approach. She wonders if the perception of leniency on the Ohio side of the river will drive more people experiencing homelessness there.
How Kentucky got here
The Kentucky General Assembly passed the anti-street camping provision shortly before the U.S. Supreme Court upheld a similar law in Grants Pass, Ore. Among a number of other non-homelessness related provisions, it makes camping outside a Class B misdemeanor.
Republican lawmakers say the bill doesn't criminalize homelessness, but gives law enforcement options when addressing public encampments. State Rep. Jared Bauman (R-Louisville) sponsored the bill. During debate on it earlier this year, he said police will take a humane approach when working with people who don't have homes.
“Law enforcement officers would help that person in any and every way possible to find shelter to the point where law enforcement officers in our state have paid for hotel rooms for homeless individuals,” Bauman said in response to a question by Democratic State Rep. Josie Raymond about what would happen when shelters are full. Both represent parts of Louisville.
So far, officers in that city have arrested four people and cited 11 others under the new law.
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Back at the Emergency Shelter of Northern Kentucky, Webb says the conversation needs to be about increasing resources to address homelessness, including building more housing. Last year, a report by the Northern Kentucky Area Development District suggested the region needs more than 6,600 units of housing above and beyond what's already planned to meet demand. Webb also says every county in the state should have at least one shelter.
"As we continue to see more and more folks losing housing, or experiencing the inability to get housing, it's hard to nail it all down with just one solution," she says. "Criminalizing it is not a solution."