Naperville looks to oust homeless man from downtown streets

Naperville says Scott Huber is a homeless man who is using a wedge of downtown sidewalk on Chicago Avenue as a permanent encampment.

Huber says he's a businessman who's cut expenses to the bone and merely protesting injustices at a spot that grabs the most attention.

Naperville is looking to craft an ordinance that will remove him from the sidewalk.

Huber says any attempt to remove him is unconstitutional.

"Protesting is an exception to any law," the 58-year-old Huber said. "If they want to press this issue, we'll go downtown to federal court."

But Naperville City Attorney Margo Ely said there is case law from Washington and Florida that has been upheld allowing cities to keep people from sitting or lying down on public sidewalks between certain hours that don't violate equal protection rights of the homeless.

Tuesday, Ely expects some direction from the council about crafting a similar law for Naperville after councilmen complained about Huber's makeshift domicile.

"I'm not sure you can build an igloo or hut on public property, man it with a generator, live there and get by with that," said Councilman Richard Furstenau during a May council meeting.

Huber has been a fixture in downtown Naperville for nearly a decade. Police and city officials contend they've offered to help Huber find more permanent housing, but he has refused.

Huber said he isn't giving up his "strike" until he receives "remuneration" from the city for what he said is the "theft of my estate." He claims his possessions were stolen from him by the owner of a storage facility in the area and the government failed to help him. He also complained that in 2005 Naperville police gathered up all his belongings and took them away after he left his things unattended for just 45 minutes. He was unaware of the pending council hearing, but didn't want to attend for fear his stuff would be thrown away again.

"I've been treated pretty much like trash all along," he said.

Huber was arrested on charges of trespassing in Villa Park in 1997 and sentenced to probation and fined. He still owes $577, according to DuPage County online court records. Naperville charged him with trespassing in 2001 and then disorderly conduct in 2002 and 2005. He was only convicted of the 2001 offense. The other cases were thrown out.

Downtown Naperville is a popular destination for shoppers from throughout the suburbs. Some shoppers say they can see both sides.

"If people are complaining, your blithe to go by what people want," said Charles Labrecque of Downers Grove. "This is a community and I don't think the city has a choice."

Others see the city as a bully since the potential legislation is specifically targeting Huber.

"I don't like it," said Sharon Nielsen of Palos Park. "It doesn't sound very nice. I'm more concerned about his welfare."

In the meantime, Huber said he is as comfortable as one can be in this type of situation and continues to maintain the remains of his electronics business and post online updates and photographs of his plight on a flickr.com account.

"Any kind of strike is not comfortable," he said. "They just don't want to deal with why I'm here."