Public Safety Committee - Regular Meeting

A suburban form district usually is made up of single-family houses with garages that face the street and stores or offices that are built in separate areas away from the homes. In contrast, a traditional form district puts homes, shops, and public places close together so people can easily walk from one to another, making the neighborhood more friendly for pedestrians.

The Cultural Pass is a program that's open to anyone 21 years and under in the entire Louisville area. It's free, free tickets to museums, to performances, to historic homes, to galleries and cultural experiences all across our entire community. There are nearly 50 venues that participate in the Cultural Pass program. And the Cultural Pass gives kids the chance to try something new, discover an interest that they might not have even known that they had.

cultural pass offers free access to anyone of the age 0 to 21 to over 50 local arts culture science heritage and nature partners throughout the summer the cultural pass app makes the past both accessible and user friendly and provides partners with invaluable data as the program continues to grow if you haven't already please download the app and register for the cult

Today we're going to celebrate the opening of the Camp Taylor Water Park. This weekend, all of our public pools are opening up across the city. The original Camp Taylor pool, which had been around since the 1960s, closed in 2019. And when I took office, The families and neighbors at Camp Taylor had already gone years without a beloved part of their community. I couldn't let that happen any longer. And so we found the funding to make this happen. We made sure we got to work to reopen not just the Camp Taylor pool, but the best Camp Taylor pool that these neighborhoods have ever seen.

Look at this incredible facility. As the mayor said, we invite people from across the city to come and embrace this Camp Taylor Water Park as their pool. And while you're here, enjoy all the other improved amenities across this park and across this community. This Saturday, Councilwoman Shanklin and I hope you'll join us. We'll have a bounce house for the kids, kids activities, free snacks, a Shady Rays giveaway, free admission for 500 people. And it's going to be a great experience for everybody.

Hi, I'm Althea Jackson, the Director of Louisville Metro's Boards and Commissions. Today we're going to learn about one of our many Boards and Commissions.

Louisville Downtown Management District is our board to help take care of downtown. It is created by state statute, enabled by ordinance, and we have 25 board members representing stakeholders in the BID, which is the area where we have clean, safe, and welcoming hospitality presence. Assessments from those stakeholders pay for beautification and artwork you will see on the street. We try to corner by corner help make our downtown look and feel good so that your experience is one that you enjoy and want to repeat every time you are in downtown.

The Kentucky Commission on Women's mission is to empower and elevate women and girls in the Commonwealth. The status of women's health in Kentucky report that we just released is important because it's a snapshot of the data of where Kentucky women

Councilman Joseph, Councilman Marcus Winkler, Councilwoman Betsy Rui. Online we have virtually we have Councilman Kevin Bratcher and Jenny Mulvey-Woolridge and Shemeika Parrish-Wright. We have excused absences with Scott Reed and Andrew Owen. Please keep our colleague Scott in prayer. His son was just in a bad accident and he's in the ER, so that's why he's not here. Clerk, will you please read the virtual meeting language?

This meeting is being held pursuant to KRS 61.826 and Council Rule 5A, read in full.

Thank you, Madam Clerk. We have four items on the agenda that include one resolution and three ordinances. Item number four will be held in committee per the sponsor's request. Please note we will take the items in order according to the agenda. Madam Clerk, please read item number one into the record.

Item 1, a resolution authorizing the mayor to accept $19,942.31 from the U.S. Department of Justice through the International Association of Chiefs of Police IACP grant program to be administered by the Louisville Metro Police Department. Read in full.

Properly moved. This item has been moved in committee. As a sponsor of the resolution, I'd like to invite LNPD Assistant Chief Corey Robinson to provide some background information on the grant. Assistant Chief Robinson, thank you for being here. Please state your name and title for the record and proceed.

I'm Assistant Chief Corey Robinson, LMPD, over the Administrative Bureau. And the grants administration flows through my bureau, so that's why I'm representing this on today. And to my side here, I have the Director of Victim Services, Nicole Carroll, who's with me as well today. The grant that we are accepting today, we were awarded $19,000. $942 13 cents is the exact number that came from the U S department of justice through the international associations of chief of police. We refer to them as IACP. It's an organization, chief Humphrey and the executive staff are a member of Ms. Carol here applied for the grant through the DOJ and we were awarded this grant that will be going to victim services unit. and the grant will be used to fund our victim services by expanding community outreach efforts and support our professional development of our victim services personnel. Perfect use of the money.

Nobody in queue?

Yeah, I got a question.

Okay.

Okay. Yes, I wanted to know, Officer Robinson, exactly in detail, can you tell us when you say victim services, what type of services?

Yes, ma'am. That's a great question. The question was what type of services that we will, the victim services. So for instance, we have the traditional services where a person is a victim of a violent crime or a violent offense or victim services unit is a liaison for that person to extend services to them. But also in the more non-traditional sense, such as the UPS crash site, the victims from that where it wasn't a victim of a crime per se, but it was a catastrophe in the community our victim services unit also aids in those type of events as well councilwoman hawkins is that it i'm okay with that thank you thank you i see no one else in the queue

And no more additional comments or concerns. Hearing none, this is a resolution that requires a voice vote. The resolution, if it passes, it'll go to consent calendar. So we'll vote aye in favor. Aye. The ordinance passes, it'll be sent to the consent calendar. Madam Clerk, will you please read number two into the record? Thank you for your time. Good to see you, sir.

Item two, an ordinance amending chapter 39 of the Louisville Metro Code of Ordinances to create new sections 39.400, 39.401, 39.402, 39.403, 39.404, and 39.405 to be known as the Safe Haven Law, read in full.

Hear a motion?

Second.

The item has been properly moved. Today we'll allow time for those in support of and in opposition of the ordinance to speak. To accommodate this, I will provide each side with 10 minutes to speak for a total of 20 minutes. Then we will open it up for council members to ask questions. As sponsor of the ordinance, Councilman Linegar, you have the floor, sir.

Thank you, Mr. Chair. Let me start my timer here so I know how I'm going on time. We have... a group of people here that are part of our city, part of our community, neighbors, coworkers, loved ones, family, who are under attack. And this is an attack that is unfortunately not being met with the force that it should nationwide. Trans people are being scapegoated and blamed Every time that there is a national tragedy, by powerful voices in the media, by politicians at every level, their personhood is questioned. They are being driven from public life. My trans friends, my trans family, loved ones, coworkers are under attack. And the retreat from support for trans liberation has done nothing to protect them and it has done nothing to protect other queer people in Louisville, in Kentucky, in the United States. A poll came out. Support for gay marriage has dropped. We saw governors yesterday or this week declare that Pride Month, forget that, June's gonna be Nuclear Family Month. June's gonna be Sanctity of Marriage Month, I guess, for some people. These attacks are emboldened on queer people generally because we have retreated from protection and full support of trans people. They've come for trans people first, and too many people said, that's an acceptable loss. It's not an acceptable loss to me. When people I love tell me that they feel that there is a trans genocide happening to them and that they need my support, I listen. And so, democratically, in the community, we worked to draft this Trans Safe Haven Ordinance. It has the support, if you look in the supporting documents here in your terminals, of, let me check the numbers here because I hate to say something incorrect here on the record, 34 organizations, in addition, 35 local businesses, and 3,262 individuals in our city. have signed on to the support of this ordinance. It says trans-Louisvillians matter, and we're going to do everything we can from the perspective of local government to affirm and support them. I would be remiss not to mention that we also yesterday received a letter of individuals that are opposed to this ordinance. There was about 100 people signed on, a handful of churches. I'm proud of the support that the community has put forward, not just in saying that they want to protect their trans neighbors and loved ones, but in the creation of this ordinance. I'm proud to stand with them, and I will cede the rest of my time now to supporters of the ordinance. Liz, I believe you're up first.

Liz Harden to speak in favor of the ordinance. Liz, please state your name for the record and proceed.

Yeah, my name's Elizabeth Harden. I live in District 24. So a few months ago, I spoke to the full council in support of this legislation before Councilman Leninger introduced it. And I told a story at that session from late 2024 about going out in public as a trans woman for the first time. And around that same time, I also received a piece of campaign literature in the mail from the then candidate who currently represents my district, contrasting her with her opponent. It read, Louisville needs a leader, not an activist. And I have some thoughts about that, Mailer, that I won't get into here, but that is what I wanna talk to you about today, is leadership. I think every member of this committee, as well as the full council, would consider themselves a leader, and that's certainly the job description when you serve in public office. So my question to the committee is this. Why are you here? What is your obligation to your constituents? Now you're gonna hear from some of your constituents this afternoon who are leaders in their own communities, and they have their own reasons for opposing the Safe Haven Ordinance. Some are motivated by an extremist ideology of religious nationalism, and that's not just my opinion. They are literally considered a hate group by the Southern Poverty Law Center. It is my opinion that that ideology should have no role in shaping public policy. Others are folks that on the surface would appear to be allies to this movement, but fundamentally disagree with us on political strategy. Now I'm not gonna stand up here and impugn the motivations of those folks. I'm gonna take their argument in good faith, which as I understand it is that this ordinance may not be successful in what it sets out to do and could provoke retaliation from the state legislature. I respectfully disagree with the first point and I'm not unsympathetic to the second one. I think everyone in this room is well aware that the Republican supermajority in Frankfort salivates at every available opportunity to undermine the city of Louisville and to restrict the freedoms of LGBTQ Kentuckians. for reasons that are partisan, ideological, and downright cruel. But if the 2026 legislative session was any indication, Frankfurt hardly needs to be provoked to do either of those things. Now, you may find this argument convincing, and you may decide that this ordinance isn't worth the risk. And some members of my own community, friends of mine, have come to that conclusion, and I respect that. But before you make a decision on this, I want you to ask yourselves, does capitulation to a bully demonstrate leadership? Does capitulating to the bullies in Frankfort, the bullies in the White House, and the bullies in this room demonstrate leadership? If the ordinance fails, what are you going to do to make sure the city is safe for your trans constituents? And I promise that isn't a rhetorical question. I would actually like to hear the alternative. In closing, I want to bring it back to that campaign mailer. Louisville needs a leader, not an activist. And folks, nobody ever accused me of being a leader. I'm just an activist, and I'm doing what I think is right to try to do my part and protect my neighbors. And so my question is, are y'all going to do yours?

Thank you. Next we have Madeline Spalding here to speak in favor. Madeline, please state your name for the record and proceed.

Madeline, I'm so sorry, Madeline Spaulding. Council members, thank you for having me today. I apologize for the confusion and tension around this ordinance. I want to start by saying who I am not here to fight. I'm not here to fight the Fairness Coalition and I'm not here to fight the organizers standing beside them. Those are people who have really been in doing the work for the last couple of years. They've been to Frankfurt, they've looked the beast straight in its gaping maw and not flinched. So when they raise concerns, I don't hear obstruction. I hear people who have earned the right to be cautious and their concerns are real. They are right to ask about the process this ordinance has taken or who's centered in the middle of this conversation. And they're also right to ask about the trans Kentuckians who will be impacted by what Louisville does. Because frankly what we're doing here is being viewed all around the state and by Frankfurt. So with all that said, I want to say that I'm here speaking for myself, not for any of the organizations that I have worked with or my employer. But I can't tell you why this matters without telling you the work I do and the people I know. I have a recent work history as a community center supervisor with Louisville Metro Government through the Department of Public Works, Parks and Recreation. Currently, I work for a non-profit serving LGBTQIA plus youth around the state. Some of the young people who come to our programs drive two to three hours to come. And when they come, they ask a question. Is Louisville safe? If something happens to us here, will the city protect us? Right now, I can't give them a clean answer, but they live with that looming fear every time they drive to one of our programs or come to our city for gender-affirming care or therapy or to visit a community center or receive services in the city. And I live with the fears also that Louisville might not be a safe city if there's a transition of power. So before Mayor Jekyll might transform into Mr. Hyde, I think maybe it could put some safe restraints around its own hands before they do more harm. I also want to say that currently I am a visible trans advocate. I do work in schools and so I'm vulnerable currently in this climate. There are threats from the federal government and they can be enacted upon and what's preventing overreach from the city is really just the fairness ordinance which doesn't cover how cities interact amongst themselves and other governments. So if I'm going into public libraries to do a speech or talk about a book or I'm going into schools to advocate for one of our youth in a crisis situation and there's an officer taking information, I'm at risk in that situation. The youth could be at risk in that situation if the fairness ordinance were ever in question. So the question, you know, whether or not we're safer, if this passes or not, isn't really abstract. And I think in the shifting political climate, we need to lean into what we can be assured of rather than worry about what might come. So reassurances would help our doctors and our therapists, our youth workers, our advocates, our young people, our families. It would give them clarification and And I've also heard that potentially this might put more risk, a bigger target on Louisville. From Frankfurt, just another arrow in their quiver to attack Louisville or trans people around the state. And that is valid also. I've seen how Frankfurt operates, and I don't feel that this arrow will be at any more risk of passing than any other anti-trans legislation. But what does keep me awake is the threats that I know that may be coming with a shift in power and access to private data. What's keeping some people from making mistakes, innocent or not, with private data is should be a clear rule rather than just an assumption. So as you all consider this, think about it as clear rules that Louisville can stand behind once again leading the way in Kentucky for LGBT rights, specifically trans rights. We can write a new chapter and be a leader in this field around Kentucky and give a model for how these kinds of ordinances can proceed around the state so that we're not just doing it alone, but we're keeping solidarity in mind and giving giving folks a strong example to rely on and firm ground for people like me who are doing the work every day and putting ourselves in personal risk. Firm ground to stand on so we can launch better supports to our communities around the city and around the state. So I urge you all to pass this bill so it doesn't die today. And my understanding is that we have the ability once it passes out of committee to amend and fix the glaring problems in this bill to listen, redouble efforts listening to the affected communities because even having the conversation today is harming those minority voices, and I would like to see that healing process begin immediately as we move forward together in power and solidarity to protect traumatized, targeted families and Kentuckians. Thanks very much.

Thank you. Next, we'll allow 10 minutes for the opposing side. First, we have Jazz Williams with the Kentucky Health Justice Network Trans Health Coordinator. Jazz, please state your name for the record and proceed.

Jazz Williams. First, I just want to thank you guys so much for having me here and being willing to listen to my thoughts. Like I said, my name is Jazz Williams. My pronouns are he, him, and I'm not just here today in an official capacity as the Trans Health Director of Kentucky Health Justice Network, but I'm also here as a concerned black trans Kentuckian that has some concerns with the ordinance. First, I want to just say that I have been reached out to so many black and brown trans people about this ordinance and their concerns with this ordinance and how they feel like they've not been included in the community conversation and that these community conversations were not accessible to them because they are often never held or really held in mind about the overlooked parts of the city and what it's like to live as a black trans Kentuckian in the West End versus the Highlands. We are concerned by the lack of research, clearly defined terms and enforcement mechanisms that have gone into the ordinance. Specifically, I'm concerned about what does the training for this look like? What does the cost of this look like? Because I know as somebody who has helped write legislation before, these are things that you have to consider when you are writing a bill and you wanted to get it approved. And we feel like at this time, it does not meet that criteria. We are also concerned that this ordinance fails to address the current needs of trans Kentuckians, not just future possible protections that might come our way. Examples of this could include like the fact that U of L students are losing their access to gender affirming care or the treatment of our trans youth in JCPS. These are current issues that could help people's lives today. Simply put, the black and brown trans community does not feel like this ordinance is ready. Thank you. Thank you.

Next up is Dr. Bobby Glass with Fairness Education Fund Chair. Dr. Glass, please state your name for the record and proceed.

Dr. Bobby Glass. Chair Sein, Vice Chair Hawkins, and members of the committee, thank you for your time today. My name is Dr. Bobby Glass. I moved to Louisville 50 years ago this month. I'm a lifelong educator, a recently retired JCPS teacher, a university professor, chair of the Fairness Education Fund, and a transgender Kentuckian. The Fairness Coalition works to build LGBTQ community and power across Kentucky. Many of our leaders and staff are transgender people, and we center those most impacted. Over the past several years, we've faced an increasing number of attacks on LGBTQ Kentuckians Through coalition work and community engagement across Kentucky, we've worked to protect our communities while also reducing the political temperature surrounding transgender people. We recognize that what happens in Louisville does not stay in Louisville. Decisions made here can have consequences for LGBTQ people living in smaller communities and rural parts of our state that do not have the same visibility, infrastructure, or local protections that we do. After extensive conversations within our coalition, many of us share concerns about this ordinance as currently drafted. Those concerns are not about whether transgender people deserve protections. We absolutely do. Rather, they're about whether this proposal provides whether the proposal provides the strongest, most effective, and most broadly supported protections possible for those who are most vulnerable. Those concerns are detailed in the coalition letter already submitted to the committee. We remain committed to working collaboratively with all stakeholders toward policies that materially improve safety, dignity, privacy, and protections for transgender Kentuckians. while ensuring that those most impacted are truly centered in the process. Thank you for your time and consideration.

Thank you.

Last, we have Dr. Alden Jones. Dr. Jones, please come forward, state your name for the record, and proceed.

Hi there. My name is Dr. Alden Jones. I'm a trans scholar and an advocate. I've spent most of my professional career in Louisville working for queer and trans folk here and in the state. I was delighted to see the Trans Welfare Ordinance pop up on one of my feeds. Truly and honestly excited because I didn't know about it and that is uncommon. But then I read it. My concern, shared with many others, is not about existing symbols or systems, but is instead focused on real material benefits for the lives of trans people and those who care about and for them. Unfortunately, this ordinance is short on change for trans folks in reality, and in fact is detracting from the work that we all do to uplift our communities. For those who say that the ordinance sends a message to trans people, they are correct. It sends a message about whose voices will be valued and embedded in the process, and about what community and care look like at the local and state level. Trans people are more likely to be overeducated, underemployed, over-policed, and under-resourced. Nothing in this ordinance attends to the particular ways that trans people need and could use real protection. We are living the lives you seek to protect and having to beg to slow down the process to be including marginalized voices, especially black, brown, and rural trans folks. Some of the protections proposed already exist in the Fairness Ordinance and others are responding to future possible threats. But we know what the threat to our well-being is right now. It's people using our community to further their own agendas. Just because this particular agenda is friendlier doesn't mean that it doesn't have negative outcomes that no one has planned for or addressed. That's because the people that wrote this are not the people alongside those seeking health care, safety, and ease. Just in time for Pride, I am thrilled to know that so many folks want to support us. I imagine those folks agree in principle with the idea that trans people deserve safety and access to care. On that we agree. But this ordinance doesn't get us that outcome. And that's the point. There are those of us that want to protect trans people in Louisville and Kentucky, and to offer that beacon of acceptance for those looking on from out in the state at our politics with hope. Because it's our community, we must of course care for those in it. And that is what I hope to see in the ordinance, care specifically for trans people. But I don't, not in the ordinance or the process by which it was developed. There are many ways for those of us that have been engaged in this work to move it forward with new ideas and goals from all constituencies. but that requires engagement with difficult processes that center marginalized voices. We have done it before and we will do it again, but it would be better to do it together.

Thank you. Thank you. I have a letter here written in opposition to the ordinance as it's written, signed by the ACLU of Kentucky, Compass Counseling and Psychology Services, Fairness Campaign, Greater Louisville Central Labor Council, Independence Seeker Project, Kentucky Health Justice Network, Kentucky Mental Health Coalition, Kentucky Psychological Association, Kentucky Social Work Advocacy, Justice, and Leadership, Kentucky Youth Law Project Incorporated, Metro United Way, Planned Parenthood Alliance Advocates of Kentucky, and Trans Safe Action Fund. Committee members, are there any questions or discussion for the sponsor?

Point of personal privilege, Mr. Chair. I'd like to thank my co-sponsor. I failed to do so.

Absolutely.

Yeah, I just want to say that I appreciate the leadership of Councilwoman Shamika Parrish-Wright. We also have the support of AFSCME Local 3425, Black AF, Louisville Showing Up for Racial Justice, Speed Spectrum, Vocal Kentucky, Restaurant Workers United, the Jefferson County Teachers Association, among many others. Thank you.

Thank you, Councilman. Any questions for the sponsor?

Mr. Chair, I didn't have a question for the sponsor. I did want to make a comment if you would allow that.

Proceed, please.

I appreciate that, Mr. Chair. I felt like everyone gave a great testimony on what this legislation means to them or why it isn't perfect. And I just want to remind that we are in the 250th anniversary of our... Declaration of Independence. And so a lot of documents that were created for Americans for citizens have needed to be amended and updated and to meet the needs of what's happening. And so I want to commend everyone in that audience who continues to show up and participate civically and try to understand what this means. And so I've always been a person who supported the LGBTQIA plus youth community in so many ways. And I remember being with Fairness Campaign fighting to make sure JCPS workers and partner's benefits, and the list goes on. But for this, I was asked by trans people to support this, and I was honored to co-sponsor this with Councilman Leninger. This legislation for us is not about our personal agenda. It's about constituents' concerns and people asking us to come and advocate in this way. It's about, it doesn't take away from what's been out there. It's a chance to improve and make sure that we're being intentional about it. I remember when the trans community was left out of a lot of legislation and advancements for years. And now that they're having a voice and they're standing together, to me, while it's our turn, while we're in leadership as electeds, it's our turn to listen and do what's right by them. And no, all Black people ain't the same. All trans people aren't the same. And I would dare try to represent everyone that identifies that way. But I will say the people who have supported, who continues to write, who continues to ask us to advocate, wanted this. This is about making sure that they're being heard in many ways. hope that anyone, no matter what side you're on, understand that human rights look different for us in different ways because of how we present to this world. As someone who's grown up with trans people in my family, very young, before I even knew what a pronoun was, I always knew that their dignity, their respect, their resources, their needs deserve honor, deserve an ear, deserve action. And so this is my way of showing love and action. And this is why I continue to support this legislation. I am definitely a yes to move forward because this is what the community has asked for. And I do appreciate the advocacy shown here and how intentional you all are. Thank you.

Thank you, Councilwoman. Next in queue would be Councilman Marcus Winkler, please.

Thank you, Mr. Chair, and thank you to everybody who came and spoke today. I mean, I think this is obviously a very personal and challenging issue for people. I know one of the questions that got brought up is a question of leadership, and I'd like to talk about that for just a second and take one step back and talk about, I think that the Fairness Ordinance is one of the most consequential, if not the most consequential piece of legislation that we've passed to protect LBGTQ, Louisvillians, and this ordinance doesn't materially change the framework of that ordinance, but it does put it at risk. I know some advocacy has said, well, worst thing that happens is this ordinance gets preempted. That's not the worst thing that could happen. The worst thing that could happen is that the legislature in Frankfurt goes even further and undoes significant steps in the fairness ordinance. I think putting something like that at risk is not leadership. That's irresponsible. I think too, understanding the makeup of the room, being able to count votes and understanding that this ordinance is highly unlikely to pass. In fact, I feel confident that it will fail and it will fail pretty significantly. I think it's further irresponsible to the folks that aren't in this room that tomorrow, trans individual that's unaware of the nuance of the conversation that's happening in this room, is just going to see a headline that Louisville is not a safe haven for trans people. And that completely misses the nuance of the argument, the advocacy that groups like Fairness are making here today. And I also think that that is not leadership. It is irresponsible and that people will be damaged through the actions of having this before us. And quite frankly, I'm disappointed that we're having this debate. Thank you.

Thank you, Councilman. No more speakers. This requires a... Oh, Jenny Mulvey-Walridge, did you want to speak?

Yes, please.

Please.

So I appreciate it, and I appreciate the comments that were made, and I appreciate Councilman Winkler for the comments you made on leadership. I was going to make similar to the same, but the other things I did want to say is I have taken self-care for consideration in reading the ordinance that is at hand here. and heard from many of my, not only my own constituents, but those throughout Louisville that are not only in my district. But I think some comments that were made earlier is that this ordinance doesn't seem to meet the needs of everyone. You know, the dignity for all, the safety for all, non-discrimination for all. So I just want to say that, you know, I will have to say that I don't believe this will pass, but I cannot support this today as it's written. Thank you.

Thank you, Councilwoman. No more speakers in the queue.

Mr. Chair, this is Amanda Baker, Assistant County Attorney. I wanted to get on the record that we have one technical correction that we need to make to the title and body. There's a reference to a section 39.405 in the title, and there is no .405 section. It's an error in identifying the sections.

So noted. Thank you.

Thank you.

No one else in the queue. Clerk, will you open the roll so we can vote on this measure, please?

Voting is open. Councilman Parrish-Wright?

Yes.

Councilman Bratcher?

No.

Councilman Mulvey-Woolridge?

No.

Voting is closing. Councilman Joseph? Voting is closing. Chair Sime, you have one yes vote, six no votes, and one present vote.

Thank you. The ordinance fails. It will go to old business with an unfavorable recommendation. Madam Clerk, will you please read the next item into the record?

Item three, an ordinance amending the Louisville Metro Code of Ordinances, LMCO, and creating a new section of chapter 32 regarding the issuance, requirements, and execution of search warrants, read in full.

That has been properly moved. And seconded, the goal of this ordinance is to create a consistent process for Louisville Metro officials to obtain and use administrative search warrants. Specifically, in instances where Louisville Metro Code of Ordinances violations create danger and enforcement action is needed, but does not reach the threshold for a criminal warrant. Before I begin, I want to ask Director Jeff O'Brien to speak to the item, and afterwards I have an amendment by substitution.

Thank you, Chair Seim, Council Members, Jeff O'Brien, Executive Director, Louisville Metro Economic Development. So the ordinance in front of you today is clarifying our, is amending our search warrant procedures related to our administrative ordinances. So I want to make a significant distinction here. This is still a warrant that must be issued by a judge after the amount of evidence has been presented and we are not able to obtain access to the to the site that is in violation of Metro Metro's administrative procedures versus our criminal procedures so I don't want to confuse it with some of the other terminology around administrative warrants that's happening nationally specifically what this ordinance is doing it's allowing us to gain access to properties that are in violation of Metro Code of Ordinances some specific examples that we have that happen in real time in our community all the time are illegal auto and junk yards that are operating, so those are violations of the land development code. Vacant and abandoned properties where we have people squatting in those properties and creating hazards for the neighbors and neighborhoods surrounding them. Illegal transitional housing units where there are There are hazards created for the occupants and neighbors of those structures. And then smoke shops where we have tobacco stores that are illegally located and selling products that are creating hazards for our young people in the community. And then massage parlors which are also housing nefarious activities such as trafficking human beings. So these are the sorts of issues that that we are trying to gain access to. They're often in violation of our administrative procedures versus our criminal procedures, and for us to further those businesses and obtain the proper compliance for those businesses, we are requesting that we get a clear process for us to obtain a search warrant from a judge, again, after following our procedures, and taking it forward, and I believe Chairman Seim has an amendment. Now, before, Chairman, you introduce, if I may, if you'd like me to explain that or if you'd like to introduce it first.

Yeah, before we take any questions, we'll offer the amendment and you can explain that by substitution if you'd like.

Thank you, Chair. So the amended legislation, this is based on the feedback that we received from the committee when we testified in April. The amendment clarifies the procedures and adds some administrative procedures in Section 2, specifically, I'm sorry, in Section 2B. In that section, we have added that The agency director must sign off on the warrant and that there has to be demonstrated, a documented action that's taken place. So there might be, what happens if we have a fire? A fire by nature is an emergent action so we are able to, we would be able to obtain access after one of our public safety departments does respond. Happy to answer any questions that you all might have from there.

Beforehand, I'd like to ask Robby Howard to read the amendment into the record, please.

Robby Howard, Jefferson County Attorney's Office. Just to clarify, are you wanting me to read the whole ordinance? Okay. The amendment is Section B1. Prior to submitting an application for an administrative search warrant, an administrative code officer shall receive written approval from his or her agency director. and this approval shall be provided to the court as part of the application. And then section B2, the warrant application shall detail the facts and circumstances to support the application for the warrant to enter into a property, including any prior notice to any owner and or occupants of the property or in the alternative while no prior notice has been given and is not practicable under the circumstances.

Thank you, Mr. Howard. There's no more speakers in the queue. Are there any comments?

Mr. Chair, can I be added to the queue?

Councilwoman Sumika Perry's right. I'm sorry.

That's okay. Thank you. I'm unable to be on the computer or laptop. So thanks for letting me chime in. One, I want code enforcement, whoever it is, to have the resources they need to be able to do things that they need to do. My concern is that there's a concern around asset forfeiture. There's also a concern about will these warrants be randomly selected or to go to specific judges. I hear the process around how they obtain, but what judges would they go to and what that process is. I'm not getting that from what I've learned about this. And so I just want to make sure that we're being careful to not duplicate, and I know it's different, but there are similarities to what happened with Breonna Taylor and the warrant process not being, there wasn't enough due process in that. And so in the warrants, when the judges are handling warrants, that's the only thing in the court system that isn't recorded. So even if folks are going and they get warrants and they're going into these properties, will there be proper documentation, pictures taken? I understand if there's a fire happening, please get in there and do what you need to do. What I'm worried about is that there's a lot of unknowns when people enter these premises. And if you all are thinking about that and if, you know, what the process looks like on the court side with what judges would be this, would they go into a random process or will they get to choose a certain judge to present these warrants to?

Mr. O'Brien.

Thank you, Councilman. Thank you, Councilwoman. So I'll let the county attorney speak to how warrants are assigned. I will say that from an administrative side, we really don't have any view into that. We don't get to pick or choose the judge by my understanding. What I will say is what we go through typically to obtain any sort of access to a property is have a documented history of violations on the property. So that was the clarifying language that was added to the ordinance just to document that we have a situation where we need to gain access to the property. The most common use of this is going to be around vacant and abandoned properties where we need to clear the properties to board them. As you all know, we have been more sophisticated in our boarding techniques to avoid people from breaching those structures when we're using the clear boarding, which is the high visibility plexiglass. And so in order to make sure that we can properly install those, our staff does need to go inside of those buildings from time to time and install those boards. But we want to make sure to make sure that our team is safe and that the people, any people that might be in the property are safe as we do need to clear them. And so going through this process, if we were unable to literally see through the structure, that we wanna make sure we're doing the proper process of clearing the structure to make sure that nobody gets trapped inside and that our staff can effectively complete the work. And I failed to say this earlier, but we do have representatives from the Department of Codes and Regulations and the Louisville Metro Public Health and Wellness.

Christian Garrison, County Attorney. Councilperson, I can answer your question regarding the issue with judges being assigned. We've gotten rid of that concept of handpicking judges. So it goes through AOC, like a retired judge, McKay Chavan, and he's the one for district court now. So it would be the same process as a criminal warrant. They would still have to submit through the AOC process, and then it doesn't allow you to be able to handpick a judge.

Thank you. I appreciate that.

Christian Gibson, again, for the county attorney's office.

Thank you. And that last part of the question around documentation, I guess codes and reds can say just a little bit. I'm not trying to hold you all up because I do want you to have what you need, but just a little bit about your process when you go in because some people store documents equipment materials and things like that into their home i'm just giving random things so does your process have a way to making sure that we are you know documenting it i understand as he explained if there's an emergency or you need to move things out the way you know i understand that but is there some way that we as metro government are protected from people accusing us of theft or taking something from those places

Yes, we do have procedures around what happens when we find items of value in those inside structures, and it really just kind of depends on what the items are. Typically what we do when we're going to, I'm going to say clear board of properties since that's the most common usage, we're simply going to go in, make sure there's no people in there. If there are people in there, we're gonna safely get them out of the building, and then we're gonna board up, we're gonna board the building, secure it, and walk out. And we shouldn't be taking anything with us except for the things that we brought in with us. So that's our typical process. If we do see something, illegal substances, We will contact LMPD and go through our procedures like that. If there's other pieces of value and we can find an owner, we will notify them that there's something in there. If it's truly vacant and abandoned and there's not an owner, again, we'll just leave it in the building. That's our typical process.

Thank you. I appreciate that. Thank you, Mr. Chair.

Thank you. Vice Chair Hawkins, please.

Thank you, thanks for being here today. I have a few questions about this and a few concerns. How are you, okay, I know you're saying that a written order by the judge that allows code officials access to the property to conduct an inspection, determine compliance, and collect evidence, right? And what is concerning to me is a few things. One is illegal auto junk. right, are you saying that you're gonna ask for a search warrant so you can go on the property when LMPD already goes on property without a search warrant and puts stickers on it?

So this is not for junk automobiles that are sitting on properties. If they're in plain sight and we can walk up to the car from the front door like any normal activity, we're able to go do that and put stickers on the car. Codes and regulations was given the ability to assist LMPD with towing vehicles last year, so that is something that we already do. What we're talking about is the illegal auto businesses that operate in many neighborhoods across the city where the activity might be happening inside of a garage or in some of our more suburban districts. We'll see large properties where things are happening away from the street and neighbors can see it because they're in their backyards, but we can't necessarily see it. Sometimes we can gain access to seeing that and collecting the photo, we're talking about, evidence that we're talking about collecting here is photographic evidence and video evidence from our code enforcement officers. So we can go to that neighbor's backyard and sometimes see the work, sometimes we can't depending on the sight lines into the property. This will just allow us to get on the property itself. Oftentimes if somebody's doing something illegal on their property they shouldn't be doing, they're not gonna let us inside. And again, when I say illegal, I'm talking about breaking the zoning ordinance here. So they will, the code officer now is able to go to the judge and say we've received 30 complaints, we've got these documents that we've seen from the neighboring property, we've collected this evidence from the front yard, but we really need to get inside to see the true activities that are happening on the property.

So do you have a number of violations or a way to be able to determine how you're gonna collect your evidence to be able to go to a judge to get a warrant, and how do we not know? Because one of the things that I'm picking up, and that is from just people in general, especially when it comes to code violations, you have a lot of developers that really want property, in the West End, right? So they're just purposely calling 211, 311, whatever 11 to be able to just call in property that they see that they want, which will allow people to collect fines and liens and stuff like that to be able to get their properties. So now it's like you guys are taking another step up. I just don't understand if someone owns this property and you all need to get in the property, are you not if there is not a way that you can't contact the person that owns the home is there not a way that you can put that in there at least try to contact the owner before you just kind of go to a judge and and say that you've collected all this evidence and then you've not contacted the owner one time to even let them know that this is what's going on so they so if they are a good um actor right because i know of course you want bad actors but if they are a good actor, that at least gives them the opportunity to say, hey, we've reached out, we've sent a certified letter, you know, and that also keeps us out of litigation.

Yeah, our goal is to always make contact with the owner. I mean, as I've told people that we've talked to as we've developed this ordinance, we are always looking for the path of least resistance to gain compliance. That is the goal of this activity is just to enforce the ordinances that you all have adopted and we have on the books. So when it comes to like, is there a set number? If we get to three strikes, are we gonna go to administrative search warrant? Absolutely. In the typical situation, that's not gonna be the case. Again, in the case of vacant and abandoned properties, there is no owner to go to. So there's nobody to go ask, can we come inside your building and secure it?

Well, it says unsecured, vacant, and abandoned properties, right? But whether you contacted the owner of the home or not, you know, you all still go and board it up after so many liens and fines, right? Yes. So really you wouldn't need a search warrant because you all are already doing it anyways.

Right, and again, and I'll let Deputy Mayor George speak for her agencies, but in the case of codes and regulations, I mean, we are really talking about properties that don't have an owner and don't have an obvious contact. That makes more sense. So when we have an owner, again, if we have an owner that's going through a routine violation, we're going to want to make contact with that owner, and they're going to know that we are there looking for them because we're going to be sending them a letter and talking to them directly. Okay.

Yeah. Thank you, Chair. Nicole George, Deputy Mayor of Public Health Public Services. You raised some really good points. And I would say first, and I would defer to the county attorney's office, this process already exists in a very informal way, whereas I understand a code official could go to a judge and attempt to get an administrative warrant. This provides some protections. for all parties because it creates a formalized process to that. And I would defer to the county attorney's office just to confirm my understanding.

Legally, they could go to a judge and ask for a warrant. I don't think that there's a process in place for that to occur. So this is creating the process for that to occur. Robbie Howard with the Jefferson County Attorney's Office.

So you're saying that they don't really have to ask for anything, they can just go on there?

Christian Garrison from the County Attorney's Office. There's an administrative process where we get through the Fourth and Fourteenth Amendment hurdles. This isn't going to add an extra protection. It's a best practice. This makes a court be the median and the neutral party to make sure we're guaranteeing Fourth and Fourteenth Amendments are protected to the utmost extent. the best practice this is a better practice than we currently have because it allows a judge to be that mediator and be that deciding factor and notice should be as a point of clarification notice is a requirement for most of all properties and should be in there well I mean as long as you notify the property owner you know and if you can't get a hold to the property owner I would say at least you know

try to find somebody that's keen to the property owner because as we all know that a lot of you know properties are being taken um you know either because they can't find somebody but how good of a job is the city doing trying to dig to find somebody that is attached to this home right you know we believe in generational wealth too so you know I think if we could just make sure that we are trying to contact these homeowners before we just go to a judge and say, hey, sign off. Now, I definitely understand when you're talking about trying to get in illegal smoke shops. I'm all about that. Anything that has to do with communicable diseases. any of that illegal transition houses, when it just comes to that going into people's homes and that's my only concern.

And I would just say to your point on yes, we should always be reaching out to the property owners as the first measure. And I would say it's quite frankly, as I understand it, officers are incentivized to do that because it's less work. This will be more work for them. So quite frankly, the incentive is to get compliance through the property owner to start. So, and thank you for acknowledging the public health components of this, because it certainly is important from everything that you mentioned.

And like I said, the biggest concern, I mean, I'm fine with it. It's just the biggest concern is, you know, cold is complaint driven. anybody can call. If they don't like me, they can call one of my properties. So if somebody wants my property, it's an easy thing for them to do to continue to call on it, especially if I'm not in a position to be able to get work done really fast. I just want to make sure that this does not create A WAY FOR TO TAKE PEOPLE'S HOMES WITH PEOPLE JUST CALLING IN AND THAT YOU ALL ARE LOOKING AT IT FROM A DEPARTMENT STANDPOINT OF IN A DIFFERENT SET OF LENSES LIKE OKAY THIS DOESN'T LOOK RIGHT SOMEBODY IS CONTINUOUSLY TO CALL YOU KNOW JUST LOOKING AT IT A DIFFERENT SET OF LENSES YEAH COUNCIL AND I WILL SAY I WANT TO MAKE A VERY CLEAR DISTINCTION HERE THIS IS NOT ABOUT TAKING PEOPLE'S PROPERTY THIS IS ABOUT

getting people's property into compliance with our codes and ordinances here.

And one thing, Jeff, I know it's probably not about taking people's home for you or your department, but it's about taking people's homes for developers that want homes in the West End.

Yeah, and I 100% hear what you're saying on that, and I think that I'll just give, if you'll indulge me for a second here, for our vacant and abandoned homes, for us to foreclose on a property, it takes us years. about six to nine months to do that, and it costs the city over $10,000 to do that per home. So we are always looking for people to come into compliance. We have a number of tools that we have through our programs to try to get people, get their homes repaired, get people, if people have lost their homes through previous actions, they can get their homes back through the land bank. So there are programs that we've set up. Our goal here is to get compliance with the ordinance. And if we get to a point of foreclosure, it is because we have literally got to a point where we cannot get a responsive owner or a next of kin. And unfortunately there are far too many situations like that in our community. So this is merely a process though to make sure that our neighborhoods are safe, our staff is safe when they're enforcing ordinances, and that we are taking care of problems that are plaguing our neighborhoods. And that's what this is about. And the foreclosure part of that is a totally different, separate conversation. That's why we don't have anybody from the land bank in the room today. So just wanted to make sure this is very clear about enforcing our ordinances.

Thank you. There's no one else in the queue. We're going to have to take a vote on this amendment by substitution. We need a motion. Second. All those in favor? Aye. The ayes and against it? The ayes have it. The amended ordinance requires a roll call vote. Madam Clerk, please open the roll.

Councilman Parrish-Wright?

Yes.

Councilman Bratcher?

Yes.

Councilman Mulvey-Woolridge?

Yes.

Councilman Simon, you have eight yes votes.

This ordinance unanimously passes and we'll go to Old Business. Our next regular committee meeting is scheduled for Wednesday, June 17th at 4 p.m. If there are no other matters, this committee stands adjourned.