Turning to homelessness for
thousands of people in the state
without stable housing.
Knowing where to turn for help can
be a big question mark.
Oftentimes, local law enforcement
respond to calls involving someone
needing help, perhaps a bed,
medical attention or any number of
other services.
Recently, the city of Eau Claire
has raised concerns about
law enforcement in nearby counties
whereby they, quote, drop off
unhoused individuals in neighboring
communities without a receiving
facility, without probable cause,
and we believe, without lawful
authority.
Eau Claire City attorney Steven
Nick wrote that in a letter to
the state seeking guidance
on this practice.
He joins us now.
Thanks very much for being here.
Thank you for covering this
important issue.
So is it your sense that the city
of Eau Claire has become a, quote,
dumping ground as law enforcement
from another county described it?
Well, we think it's an area of
concern both with the city and
the county, that this is
a dangerous and detrimental
practice.
We know that the issue of
homelessness and is an important
one, most specifically for those
individuals experiencing
lack of shelter and care,
and that this is not a best practice
and that there are better options
and that we are asking the attorney
general to provide advice
and counsel
and direction to statewide law
enforcement.
Since we know it's an issue not only
in Eau Claire but around the state.
So what exactly is happening
and to whom?
Well, there are transports and it's
not a particularly new issue,
but one that we think is
is timely to raise now.
But individuals
that are and how
is they're being transported from
other cities, but in our region,
from other counties that that
have this type
of same type as the state provided
options that we do here in Eau
Claire County into
the city of Eau Claire or Clair
County and not connected with care.
So these are transports that,
as we raise them, are being
suggested by law enforcement
in other counties.
And then individuals are being taken
here and not connected with care
beds left in future parking lots
or in sidewalks.
And in all the instances that we
raised were never connected
with care.
Why are they doing that?
To your knowledge.
Why why they're doing that, I guess,
would be, you know, a question for
them. And we think there are better
options, especially in
county seats.
And certainly part of the point
is even when those options
aren't good and they
often are very difficult in these
situations, I think we need to
be clear that this is not a good
option to to
drop somebody off who is not
familiar with Eau Claire, you know,
or whatever that new community might
be, and that connecting them with
care. And so if there aren't
sufficient options within
a county or a city,
that we be clear that
that this isn't a good option.
So better options are
developed locally and regionally.
Because what should those
other jurisdictions do if there
are not in fact other options
where they are
Right.
And it is often difficult,
but there are.
You know, facilities.
We selected specifically
other county seats.
So there are county facilities.
There's Department of Human Services
that law enforcement is very
familiar with working.
We have those same sort of
correspondence.
So you have human the ability
to connect with human services.
A lot of times it's mental health
or ADA services.
There are short term shelters,
whether those are hotel facilities
or nonprofit facilities
in many communities, and
there probably need to be more.
But in the instances we cite,
hotels were an option, and
communities need to know that
transporting to another facility is
not a best option if they're not
connected with care so
they can work on the same sort of
agreements we have in a player to
make sure that our local hotels
as needed, if our shelters are full.
Can provide emergency short term
care.
How well.
How have you seen the homeless
population grow in your area?
It is growing and I'm not an
expert in that area, but it is
growing. I think, you know,
nationwide it is certainly
growing regionally.
There is a point in time survey that
was conducted just last evening
and you know, the broader
region, it didn't include just city
of Eau Claire, but actually a
several county area.
And numbers were up considerably.
I believe the numbers cited were
about twice as high as last year.
The one agency shelter facility
we have in Claire, while it was
recently expanded, still has
capacity typically for 53
individuals.
Last evening with the cold
temperatures, the short term
exceeded that and had,
you know, somewhere in 80
or more individuals there.
But that capacity is full.
And so when.
Other jurisdictions bring
individuals and these examples
were cited because even in
two of them where they called ahead,
again, there was no connection with
shelter or care.
And two of those individuals were
out overnight.
They did not connect with
the emergency shelter and eventually
had to receive medical
care and treatment.
So as you mentioned, you have asked
attorney general call for legal
guidance on this practice.
What exactly would you like his
opinion on here?
Well, as we note in the letter, that
we think there are both legal and
policy issues.
Not applicable.
And so there's the legal
issue of whether
jurisdictions have the ability
to maintain a custodial
transport outside of their
jurisdiction.
And what that simply means
is most law enforcement
officers have that awesome
responsibility of arrest and
detaining individuals only within
their jurisdictional limit, only
within their city or their county.
And it doesn't extend beyond that
unless they're in fresh pursuit.
They're actively pursuing a crime
or criminal that is moving beyond
their borders.
And that's definitely not occurring
here. So, one, there's the legal
point of whether there's a so we're
going to do this and we do want
law enforcement and we think all law
enforcement, including in these
instances, are positive act,
you know, good actors trying
to do the best in difficult
situations. So let's clarify that
point.
So if it's clear that it's not
permissible.
Better lawful options
that protect the individual rights
and liberties of those being
transported are pursued.
Second would be policy guidance.
So our attorney general
also has a law enforcement role
and advises
informed teaches law enforcement
on best practices.
And so we ask that the
attorney general and his office take
steps to assist law
enforcement in finding better
options.
And again, our our firm belief
is that this is not a good option.
And if we're clear that it's not
been a permissible or best practice,
the difficult work can
move forward to provide
better options
in communities and
regionally throughout our state.
What has Josh Karl told you
about whether or not he expects to
give you guidance on this legally
or policy wise?
I have not had any contact
directly with the attorney general
call or his office yet.
That's typical.
We've asked previous opinions.
They typically take some time.
You know, it's a busy office.
Yeah.
I have seen has been asked
by reporters and indicated, you
know, that he was reviewing the
issue.
I know it is an issue around
the state and colleagues, my fellow
city attorneys, corporation
counsel have reached out to express
shared experiences and support.
And so I hope that
that those voices are raised in
other portions of the community
because it most certainly is an
issue. And in the Madison
area and more here in Fox Valley,
Wausau, Stevens Point, Lacrosse,
all are having these same
types of challenges.
Well, Steven Nick, Eau Claire,
city attorney, thank you very much.
Appreciate it. Thank you.
Thank you. Yeah, it's really
interesting.
It is. And I'm sorry you're
having to deal with it.