Naperville city council says man can't live on sidewalk

Scott Huber may soon have to vacate the shelter he has set up on a downtown Naperville sidewalk.

The Naperville City Council on Tuesday approved drafting an ordinance aimed at removing Huber, despite his assertions he is protesting, not homeless.

"It's no personal thing in any way; it's just we need to do these things in order to have a downtown that has laws," Mayor George Pradel said.

Huber, 58, has been living on the streets of Naperville since 2001 and is now living in a makeshift encampment he set up on the sidewalk of Chicago Avenue just east of Washington.

He claims his possessions were stolen from him by the owner of a storage facility and that the government did not help him. He has also accused Naperville police of taking his belongings in 2005 after he left them unattended for less than an hour.

He told the council Tuesday he is protesting being "treated as trash" and chose that location because he could reach the greatest number of people with his message.

"We're not talking about bums here curling up on the street or the bench or whatever," he said. "You're talking about a person here who is protesting, who has a purpose for being there."

Huber has become a well-known figure in Naperville. A self-proclaimed businessman, he ran unsuccessfully for mayor in 2007.

One man in the audience stood up for him at Tuesday's council meeting, saying Huber has done nothing wrong. "His only offense is that he is not invisible," Donald Zaininger said. "He disturbs people by reminding them there are problems."

Naperville charged Huber with trespassing in 2001 and disorderly conduct in 2002 and 2005. He was convicted only of the 2001 offense.

Police and city staffers have said they have tried to help Huber but he has refused.

They have been getting complaints from residents and area businesses about Huber's presence and said they now must consider his effect on the downtown.

Councilman Richard Furstenau said he is impressed by Huber's intelligence and that he would defend the man if he was standing on the corner picketing.

"But America is not about camping on city right-of-ways, and I'm sorry - but you have set something up over there that is well beyond a protest," he said. "You've set something up where you've decided you're going to live for a while."

Councilman Doug Krause also expressed concern about the city being liable if Huber was injured while residing on public property.

The council voted 7-1 to have its staff draft an ordinance that would restrict certain activities on the sidewalk. City Attorney Margo Ely said it will have to be narrowly written in order to be upheld by the courts. For example, some cities have been able to restrict sitting or lying on public sidewalks during certain hours.

She will return to council with specific language.

Pradel, Krause, Furstenau, Judy Brodhead, Kenn Miller, Grant Wehrli and Paul Hinterlong voted in favor. James Boyajian was absent.

Councilman Robert Fieseler was the lone "no" vote and called the restrictions "a big mistake."

"I don't care how we dress it up. We have documents we've received ... that says this is tailored toward Mr. Huber," he said. "We're not going to be able to get away with this. You can go down this road and pretend this is for a greater good, but it's just not."

<div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=314112">Naperville looks to oust homeless man from downtown streets <span class="date">[08/17/09]</span></a></li> </ul> </div> </div> </div>