Naperville squatter can stay, city council rules

Naperville's infamous squatter, Scott Huber, can remain at the corner of Burlington and Ogden outside Show-Me's restaurant or at any other public right of way outside Naperville's downtown.

Naperville City Council members followed the advice of city attorneys and unanimously decided Tuesday to not alter or amend any city ordinances that prohibit camping, sleeping and storing personal property on public ways in downtown.

For more than a month, council members have considered expanding the ordinance to apply throughout the city or creating a “free speech zone” where protesters would be allowed to air any grievances.

Attorneys warned them the citywide ban would be difficult to defend should its constitutionality be challenged and that they were unable to find any precedence for a municipality installing a permanent free speech zone concept.

Councilman Bob Fieseler said the issue has given him a headache and pleaded with fellow aldermen and law enforcement to enforce the current ordinance.

“I'm demanding we keep the people out of this and focus on the stuff. Stuff doesn't have rights,” Fieseler said. “I believe if we enforce the ordinance in place we'll be in much better shape.”

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.

When the city passed a law in 2009 that effectively forced him from his previous spot outside a downtown parking garage, he established a new location outside a psychologist's office near Washington Street and Benton Avenue.

“Let's not continue to parse words. Let's not continue to legislate conduct. We need to put an end to the madness,” Fieseler said. “Let the person stay there with what's in their hand, an umbrella and a protest sign and God bless him.”

Councilman Dick Furstenau agreed, saying Huber's belongings should be confiscated any time he violates the ordinance.

“Take that stuff and put it in back of a truck and the third time it's not claimable,” Furstenau said. “I'm hanging my hat on law that's been on books for years.”

Councilwoman Judy Brodhead said she doesn't believe there's much the council can do to improve the situation.

In an unlikely move, Huber complimented the council for their decision.

“Reasonable minds came to a reasonable decision, for once. Or should I say their minds have become reasonable to come to a reasonable decision?” Huber said after the decision. “I'm pleased. This is a victory tonight.”