Naperville downtown protester loses Round One in legal battle

Scott Huber is getting evicted - at least temporarily.

A DuPage County judge gave Naperville's perpetual downtown squatter 48 hours to clear out any belongings he may be storing on public property. Huber also is barred from overnight camping there.

Judge George J. Sotos issued the edict Wednesday when he granted the city's request for a preliminary injunction. A court hearing to permanently resolve the long-running dispute is slated for April.

Huber, 59, has resided in a makeshift "constitutionally protected protest station" near the Chicago Avenue parking deck in the city's downtown for more than eight years.

Huber insists he is not homeless but, rather, chooses to keep the constant vigil in protest of a city government he insists led to the demise of his business.

Police recently cited Huber for being in violation of a new ordinance, effective Nov. 6, designed to keep him from living on the streets. The ordinance bans sleeping and storing personal property downtown on the public way.

But Huber, acting as his own lawyer, argues that because his belongings are attached to a mobile cart and locked to a bicycle rack, he is properly utilizing public property.

"I wasn't holding my breath," Huber said outside of court. "I sensed the hostilities. They're jumping the gun here. It's just sad to see the judge has taken such an absolute view with all of the evidence that was presented."

Sotos said Naperville has the legal right to protect its public way and would suffer harm without the preliminary injunction. He and Huber butted heads several times over procedural issues during last week's hearing, punctuated when the judge admonished Huber for not wearing a belt in the courtroom.

Huber, who wore a belt Wednesday, said the city's ordinance is vague and unconstitutional. He repeatedly interrupted the judge in seeking clarification on whether he still may lawfully protest.

Sotos, presiding over a packed traffic court, didn't mince words.

"I am not the enforcement officer," Sotos said. "If you want guidance, talk to the city of Naperville. I am a judge."

Huber, who still is looking for an attorney to represent him, said he already moved his belongings out of the downtown after being cited. The cold weather also has forced him inside at friends' homes and a motel, he said.

Despite Wednesday's setback, Huber said he still plans to exercise his constitutionally protected right to publicly protest, but he will try to comply with the judge's order.

"Where do I go from here?" he said. "Well, that's what I'm trying to determine."