Naperville merchants go back to council over street protester Huber

City ordinances prohibit Scott Huber from camping in Downtown Naperville and a restraining order keeps him 500 feet away from clinical psychologist Katherine Borchardt, with whom he is embattled in an ongoing legal feud.

But Borchardt and a small group of supporters pleaded with city officials Tuesday night, using Borchardt's story, to expand the ordinance citywide to protect other local business owners from falling prey to other potentially slanderous and libelous protests.

Huber, 59, has lived on Naperville streets for more than nine years in a self-proclaimed protest to denounce perceived injustices by city officials, whom he blames for the loss of his home, business and personal property.

After the city passed a ban in late 2009 on camping in the downtown area, largely in response to Huber's presence, he moved across the street, to the corner of Washington Street and Benton Avenue outside Borchardt's medical office.

She sued Huber earlier in March after the two had a well-publicized Feb. 1 dispute in which the squatter is accused of disorderly conduct and criminal trespassing.

He's previously denied all the allegations and claims to be a victim himself.

“More than frustrated” with what she described as Huber's continued harassment, and a failure by the city and prosecutors to protect the rights of her and other business owners, Borchardt pressed the council again Tuesday.

“The city does not seem to want to act on the current downtown encampment ordinance because of Huber's challenge to it in court,” she said. “So while he engages lengthy challenges, the downtown eight-block area is protected from this man's protest as well as those of other protesters like him while the rest of the Naperville business are left without representation and assistance.”

City officials say they feel for Borchardt and insist city attorneys have been diligently researching solutions ranging from assembling “free speech zones” in the city, which was deemed unlikely, to an all-out citywide ban on camping on public property.

They called it a struggle, walking a thin line of trying not to violate Huber's rights while also ensuring he is not infringing on the rights of business owners to operate.

Councilman Grant Wehrli demanded the city turn their full attention to protecting the merchant's commerce after hearing from Dr. Christine Hibbard, of St. Charles, who frequently refers clients to Borchardt for screening.

“This is not about first amendment rights. This is impacting commerce and that is a totally different issue,” Wehrli said. “We need to look at this through commerce to protect rights of free enterprise from this harassment.”

Hibbard said her patients often question the safety of going to Naperville.

“I need to warn everyone that I refer to Dr. Borchardt that they may encounter someone with a placard that states ‘Dr. Borchardt has no ethics,'” Hibbard said. “My clients then ask if it is safe to even go to her office in Naperville. Please use all available resources to stop this harassment.”

After hearing the call from many councilmen and Borchardt, City Manager Doug Krieger said the city will have an analysis done for the Feb. 1 council meeting that will “focus on options presented tonight and any other options we come up with in the meantime.”