A Jefferson County district judge has ruled that Kentucky’s street camping ban is unconstitutional, a decision that could have far-reaching implications if upheld by higher courts. The ruling currently affects only one case but may influence future challenges across the state.
Judge Stephanie Burke sided with a man charged last summer with unlawful street camping in downtown Louisville. In her ruling, Burke determined that the statute violates both the state Constitution and the Eighth Amendment. “The statute takes an otherwise innocent act — entering or remaining in a place where someone is otherwise allowed to be — and combines it with innocent intent — the intent to sleep or camp, and for a certain class of individuals, establishes that the two equate to a crime,” she wrote.
As a result, Burke dismissed the street camping citation issued to the man. According to Kungu Njuguna, policy strategist for the ACLU of Kentucky, this marks the first time a judge in the state has ruled the unlawful camping statute unconstitutional.
The street camping ban was enacted two years ago as part of the Safer Kentucky Act, a broad anti-crime measure. Opponents argue the law effectively criminalizes homelessness without addressing its root causes.
“Hundreds of people have been cited under the law across the Commonwealth, and it hasn’t really led to anyone getting housing,” Njuguna said. “You can’t arrest your way out of our homeless situation.”
A spokesperson for Kentucky Attorney General Russell Coleman said the office continues to defend the law. “The General Assembly passed the Safer Kentucky Act to protect families and support law enforcement. While we respectfully disagree with this judge’s ruling, our Office is working to determine next steps,” the statement read.
The ruling comes after a different Jefferson District judge upheld the statute in a separate case earlier this year. Prosecutors may appeal Judge Burke’s decision, and the matter could ultimately reach the Kentucky Supreme Court. The conflicting decisions highlight ongoing debates over how the law applies to homelessness and public camping in the state.
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