Pregnant woman in labor cited under Kentucky anti-homelessness law

Pregnant homeless woman in labor ticketed under Kentucky’s anti-camping law, sparking national outrage over the criminalization of homelessness.

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Quick summary:

• A pregnant homeless woman in Louisville, Kentucky, was detained and cited under an anti-camping law while in labor, despite telling police she needed to go to the hospital.

• The woman gave birth later that day and now lives in a shelter with her newborn, awaiting a January trial date for the citation.

• The Safer Kentucky Act criminalizes street camping and has led to citations and arrests of homeless individuals across the state.

• Lt. Caleb Stewart, who issued the citation, doubted the woman’s labor, saying on camera, “I don’t for a second believe that this woman is going into labor.”

• Critics, including advocacy groups and some lawmakers, argue the law exacerbates homelessness and fails to provide meaningful solutions like housing or healthcare.

• The incident highlights broader national trends, with nearly 150 cities enacting similar laws to criminalize homelessness since a 2023 Supreme Court ruling.

• Advocates call for housing-first approaches and compassion-driven policies to replace punitive measures that punish the most vulnerable.

In late September, a pregnant homeless woman in Louisville, Kentucky, went into labor under an overpass and called out for help, believing her water had broken. Instead of receiving immediate assistance, the woman was cited by police under a newly enacted anti-homelessness law that bans street camping. The incident, captured on body camera footage obtained by Kentucky Public Radio, has sparked outrage and reignited debates over laws criminalizing homelessness across the United States.

“I might be going into labor, is that okay?” the woman asked as Louisville Metro Police Department (LMPD) Lt. Caleb Stewart approached her encampment. The video shows her standing beside a bare mattress beneath the overpass, grabbing a few personal belongings as city workers prepared to haul away her makeshift bed. She told Stewart she was “leaking out” and believed she needed to go to the hospital.

Despite her condition, Stewart informed her that she was being detained for “unlawful camping” under Kentucky’s Safer Kentucky Act, a law enacted earlier this year to penalize individuals sleeping on public property. “Am I being detained?” the woman asked. “Yes, you’re being detained,” Stewart replied.

The woman ultimately gave birth later that day. She and her newborn are now living in a shelter while awaiting a January trial date for the citation. The footage and its aftermath have drawn national criticism, with advocates and policymakers calling the response emblematic of the failings of criminalizing homelessness.

The Safer Kentucky Act prohibits street camping, making it illegal to sleep or set up camp on public property. A first offense results in a citation, while repeat violations are elevated to misdemeanors. Proponents of the law argue it is designed to encourage homeless individuals to seek shelter or addiction recovery services. However, critics argue it exacerbates homelessness by imposing fines and legal consequences on already vulnerable individuals.

Jesse Rabinowitz of the National Homelessness Law Center condemned the law, saying it represents a “cruel and ineffective approach” to addressing homelessness. “This shows that the police have no place in responding to homelessness, and that these laws do nothing to help people who are experiencing homelessness. They only kick people when they’re down and make homelessness worse,” Rabinowitz said.

The criminalization of homelessness is not unique to Kentucky. Since the U.S. Supreme Court ruled in July that public camping bans are constitutional, nearly 150 cities across the country have enacted similar laws. Advocates warn these measures do little to address the root causes of homelessness, such as a lack of affordable housing and healthcare.

Body camera footage from Stewart shows the woman attempting to explain her medical emergency. “I’ve got to go to the hospital,” she said. Stewart initially called an ambulance but continued to detain her, yelling at her when she moved toward the street to wait for paramedics. “You don’t have to holler and you don’t have to push me,” the woman said. “I haven’t done anything to you.”

Despite her visible distress, Stewart doubted her condition, later narrating into his body camera, “I don’t for a second believe that this woman is going into labor.” The footage ends with the woman sitting on the ground, struggling to breathe, as Stewart handed her a citation. “You’re all horrible people,” she said as she climbed into the ambulance.

The police report omitted any mention of her pregnancy or medical emergency. Instead, Stewart wrote: “Ofc. observed listed subject camping underneath the interstate bridge… utilizing camping paraphernalia (mattress, blanket, pillow as bedding). Subject has previously been warned about this statute.”

The video has drawn attention to the unintended consequences of criminalizing homelessness. Public Defender Ryan Dischinger, who represents the woman, described the citation as emblematic of systemic failures. “What she needed was help and compassion, and instead she was met with violence,” Dischinger said. “The reality for her, and for anyone who’s homeless in Kentucky, is that they’re constantly and unavoidably breaking this law.”

Advocates also highlight the disproportionate impact of these laws on vulnerable populations, including pregnant women. Dr. Margot Kushel, director of the Benioff Homelessness and Housing Initiative, emphasized the dangers of being homeless while pregnant. “If you’ve ever been pregnant… think about the advice you get: Get lots of sleep, get support. All of these things are nearly impossible to do when you’re experiencing homelessness,” Kushel said. “You add the stresses of homelessness, the sleep deprivation, the fear, the shame, the stigma… and you really are escalating the risk for the mom.”

The incident has sparked widespread condemnation. Shameka Parrish-Wright, director of VOCAL-KY, called the response “a direct result of the so-called ‘Safer Kentucky Act.’” She added, “People experiencing homelessness are fighting for their lives… Investing in immediate, affordable housing and healthcare is the only way to stop this from happening again—not by handing out more tickets that won’t house a single person.”

Even some proponents of the anti-camping law have criticized its application in this case. Republican Sen. Whitney Westerfield called the citation “deplorable,” questioning the lack of compassion for both the woman and her unborn child. “Where’s the humanity in that response? Where is the pro-life compassion for the unborn child in that response?” Westerfield asked. He had unsuccessfully proposed an amendment to require services, including emergency medical care, be offered before issuing citations.

Homelessness in Louisville has increased significantly, with a 10.5% rise in 2024 compared to the previous year, according to the Coalition for the Homeless. During a point-in-time survey in January, 1,728 people were found to be experiencing homelessness in the city. Advocates argue that punitive laws like the Safer Kentucky Act fail to address the underlying causes of homelessness, instead placing additional burdens on those already struggling.

Lt. Stewart, who has issued the majority of street camping citations in Louisville, defended his actions in a previous interview, arguing that punitive measures create “a bit of friction” to discourage individuals from continuing their behavior. However, his approach has faced backlash, with critics accusing him of prioritizing enforcement over compassion.

The detention and citation of a pregnant woman in labor highlight the systemic failures of criminalizing homelessness. As she awaits trial in January, the case has reignited calls for a shift away from punitive measures and toward housing-first solutions. Shameka Parrish-Wright put it succinctly: “If politicians actually cared about homeless Kentuckians, they would focus on getting them the housing and support they need.”

To support Homeless and Housing Coalition of Kentucky’s work to house Kentuckians, click here.

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