Homeless protester scaling downtown Naperville presence

Downtown Naperville looked a little different Friday morning.

For years, Scott Huber has been expanding what he calls his constitutionally protected protest station and what the city of Naperville calls his illegal encampment outside the south stairwell of the Chicago Avenue parking deck.

But on Friday morning Huber had deconstructed the majority of his station and was waiting for friends and supporters to come by to pick up some of the belongings he has accumulated since his protest against alleged city government injustices began in 2001.

A new city law aimed in large part at Huber's eight-year presence along Chicago Avenue went into effect at 12:01 a.m. that prohibits anyone from sleeping or storing personal property on the sidewalk.

"I'm thinning down to comply with the ordinance as I see it," Huber said. "But I still don't believe they're in line with the Constitution on this."

Huber contends he'll still be a presence in downtown to keep up the one-man protest.

City officials were pleased to hear Huber was complying with the new law. Police did not issue any tickets or warnings to Huber ahead of his decampment.

"Voluntary compliance is always what we want," City Manager Doug Krieger said.

City officials said they based the law on similar ordinances in other parts of the country that protect the economic vitality of a commercial district. Downtown Naperville is one of the largest sales tax-generating areas of the city.

The ordinance was approved 6-1 in October with two council members absent. Violators who disobey sleeping or camping rules would receive $50 fines for first and second offenses in a year and $100 fines for every offense thereafter during the course of a year's time.

Those who store personal property on city property or public right-of-ways would be given a week to move the material or have it removed for them, according to the law.

Krieger said he has no plans to have police make special checks to ensure Huber is following the law.

"We have a police presence in downtown already," he said.

For Huber's part, he was taking the adjustment in stride. He said he has places lined up where he'll sleep from now on. But he plans to return every day to the spot outside the parking deck.

"I can protest anywhere I want to," he said. "I just have to comply with the ordinances, so that means I can't have the tarps and I can't sleep here."