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.
Often times, 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 and neighboring communities without a receiving
facility, without probable cause, and we believe without lawful authority.
Eau Claire city attorney Stephen 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?
When 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?
There are transports and it's not a particularly new issue, but one that we think is timely
to raise now, but individuals that are unhoused are being transported from other cities, but
in our region from other counties that have this type of, same type of the state provided
options that we do here in Eau Claire county into the city of Eau Claire, Eau Claire 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,
but left in picture parking lots or inside walks and in all the instances that we raised,
we're never connected with care.
But 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 drop somebody off who is not
familiar with Eau Claire, you know, or whatever that new community might be and not connecting
them with care.
And so if there aren't sufficient options within a county or a city that we be clear
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, it is often difficult, but there are, you know, facilities, we selected specifically
other county seats.
So there are county facilities, there's a Department of Human Services that law enforcement is
very familiar with working, we have those same sort of co-response, so you have the ability
to connect with human services, a lot of times it's mental health or AODA 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 Eau Claire to make sure that our
local hotels, as needed, if our shelters are full, can provide emergency short-term
care.
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 was a point in time survey that was conducted just last evening in 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 numbers cited were about twice as high as last year.
The one emergency shelter facility we have in Eau 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 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 applicable,
and so there's the legal issue of whether jurisdictions have the ability to maintain
a custodial transport outside of their jurisdiction.
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 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 authority to do this, and we 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, informs, teaches law enforcement
on best practices, and so we ask that the attorney general in his office take steps to
assist law enforcement in finding better options.
And again, our firm belief is that this is not a good option, and if we're clear that
it's not in 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 Call told you about whether or not he expects to give you guidance on this
legally or policy-wise?
I've not had any contact directly with the attorney general call or his office yet.
It's typical.
We've asked previous opinions.
They typically take some time, you know, it's a busy office.
He I've 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 Council
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 at most certainly is an issue.
And in the Madison area in the Milwaukee or in Fox Valley, Wossa Stevens Point lacrosse
all are having these same types of challenges.
Well, Stephen Nick, Eau Claire city attorney.
Thank you very much.
Appreciate it.
Thank you.
Yeah, it's really interesting.
It is.
And sorry you're having to deal with it.