State lawmakers hear from Lawrence business owners on homeless concerns; legislators skeptical of local policies

photo by: Chad Lawhorn/Journal-World

Lawrence business owners Sarah Hill-Nelson and Brady Flannery are pictured in this video screen shot giving testimony to the Kansas Legislature's Special Committee on Homelessness on Nov. 9, 2023.

A committee of state lawmakers got an earful Thursday about drug use, violence and other problems surrounding homelessness in Lawrence, and several lawmakers responded by wondering whether the city was inviting some of its own problems.

The Kansas Legislature’s Special Committee on Homelessness heard testimony from three Lawrence business owners, and also heard from a Lawrence assistant city manager who said Lawrence had become a “regional hub” for homeless services and needs help from the state.

“Lawrence, Douglas County and a handful of other municipalities can’t be expected to provide these services for all of Kansas, not without a state-led strategy and investment” Brandon McGuire, assistant city manager for Lawrence, told the committee.

McGuire said Lawrence had not chosen to become a regional hub for the homeless, but it had happened by default as many smaller communities in the state aren’t offering any significant services for the homeless, so individuals from those communities make their way to Lawrence.

McGuire asked the committee to recommend approval of a new state law that would make it illegal for any organization that receives state funding to transport a homeless individual to another county, unless they have received assurances from the new county that services will be available to that individual.

As the Journal-World reported in August, Lawrence’s police chief told a meeting of downtown business owners that he knew there are other law enforcement agencies in the region that had brought their homeless people to Lawrence.

The committee took McGuire’s request under advisement but took no action on it. Several committee members, though, questioned whether Lawrence was doing enough to hold certain members of the homeless community accountable.

Sarah Hill-Nelson, an owner of the The Bowersock Mills and Power Company, told committee members how Lawrence police officers had advised her she probably should carry a gun going to and from work along the Kansas River.

The committee also heard from Brady Flannery, president of downtown’s Weaver’s Department Store, and David Hawley, an owner of Papa Keno’s Pizzeria, who both told the committee of open-air drug use in downtown Lawrence and aggressive acts that don’t end with arrests.

Several state legislators questioned whether Lawrence was doing enough to enforce some of its laws.

“These stories are horrible,” Sen. Beverly Gossage, a Republican from rural Johnson County, said. “What I’ve been hearing is that some of the rules and regulations passed by the City Commission are part of the reason you have such an influx of people coming into the community.

“I think it has been said that it makes it easier to be homeless there. The last thing you need is to make it easier to be homeless there.”

Gossage asked McGuire whether there had been city policies that were contributing to the problem. McGuire said he didn’t think that was the case, but said the city had, under the advice of legal counsel, allowed camping on city-owned property, highlighting the city-sanctioned camp in North Lawrence near Johnny’s Tavern.

However, the city has allowed unsanctioned camps — one behind the Santa Fe Depot caught on fire and has multiple health hazards — to remain in place, even though they are not covered under the city’s camping ordinance.

The city’s police department also has publicly directed its officers to use arrests as a “last resort” when dealing with homeless individuals and said that it does not want to “criminalize poverty.” Committee members also heard from representatives of the Topeka Police Department, which also limits arrests and works to build trust with members of the homeless community in hope of helping them get treatment, often for drug or mental health issues.

Committee members said they were appreciative of communities that want to be compassionate toward the homeless, but Sen. Rick Kloos, a Shawnee County Republican who runs a faith-based social service agency for the poor, urged Lawrence leaders to not equate compassion with a suspension of enforcement of city laws.

“You have to take those steps and be intentional,” Kloos said. “That is not a lack of compassion. No one is above the law.”

Committee Chairman Francis Awerkamp, a Republican representative from St. Mary’s, expressed dismay over how some of the activities described in Lawrence were not resulting in arrests. Awerkamp said in his hometown, such activity would result in a quick visit from the police chief, and “there would be consequences.”

“How is that happening in downtown Lawrence?” Awerkamp asked. “Law and order. It starts there.”

Some committee members said Lawrence seemed to be getting a reputation across the state.

“People are coming voluntarily to Lawrence, they are being transported to Lawrence because they want to be in Lawrence because, let’s be honest, we hear it is a good place to be homeless,” said Rep. Susan Humphries, a Wichita Republican.

Humphries said Lawrence’s policies might create a greater influx of homeless individuals moving to the community in the future.

Some committee members, though, did tout the approach Lawrence and Douglas County are using, often called a “housing-first” approach that works to minimize the use of emergency shelters and instead get people into more traditional housing with access to supportive services. Rep. Heather Meyer, a Democrat from Overland Park and a social worker, said there was good evidence of housing-first practices being successful in many communities.

The three Lawrence business community members, though, told the committee they questioned whether the city and the county were on the right track with their housing-first policies. Flannery said the homeless issue in downtown was producing daily concerns among both residents and tourists regarding safety and just a general perception of the community.

“Lawrence has a brand problem,” Flannery said. “We have always told people we were this tourist attraction. That is not the reality. We are attracting problems from other states instead of recruiting individuals, families and businesses that would enrich our region and our state.”

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