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Professor
01-19-2007, 02:09 PM
Source: http://www.cbsnews.com/stories/2007/01/18/national/main2369793.shtml

NYC Shop Owner Sues Homeless For $1M

NEW YORK, Jan. 18, 2007

(CBS/AP) In a clash of classes on a posh shopping strip, an antiques dealer has filed a $1 million lawsuit against four homeless people, seeking to keep them off the sidewalk in front of his shop.

The lawsuit, filed this week, seeks a court order to keep three men and one woman at least 100 feet away from Karl Kemp & Associates. They are named only as John Doe, Bob Doe, John Smith and Jane Doe.

The suit says the four have obscured window displays and turned off customers at the shop on Manhattan's upscale Madison Avenue. It says they "can often be found sleeping on the sidewalk," "consuming alcoholic beverages from open bottles," and "performing various bodily functions such as urinating and spitting."

Kemp told the New York Post: "You make a wonderful effort to have an attractive window, people come out from the building next door, they don't see him and they trip over him," he said. "It happened twice last August. One lady hurt herself."

Owner Karl Kemp said he resorted to litigation after repeated complaints to police brought no changes, and he said he was concerned about the health of one of the three men.

"Sometimes he’s out there in blizzard conditions, and you and I pay taxes in New York City and some of that is to maintain decent shelters. And he should take advantage of that," Kemp told The New York Times.

But advocates for the homeless saw the lawsuit as hardhearted.

"Until we see to it that every single homeless individual has a place to stay, this is our reality," said Shelly Nortz, a deputy executive director of the Coalition for the Homeless.

"The complaint that they somehow occasionally occupy a space that is also home to Gucci and Chanel doesn't mean that they're breaking any law," she added.

Kemp's lawyer, Allan Schiller, said the homeless men and women were "creating a nuisance" by lingering in front of the shop. He said the suit included a claim for $1 million in damages for legal reasons.

"The fact is, they are creating a nuisance by standing in front of you constantly. You are not my guest. I did not invite you here. And they have attached themselves to my client’s property," Schiller told the Times.

firefox
01-22-2007, 07:38 AM
Sounds like a bad idea. These guys should have gotten some asset protection (http://mpassetprotection.com/) to prevent forfeiture in this kind of situation! Seriously, though, this owner is obviously doing this out of pure malice. He knows full well that he can't get one thousand, let alone one million dollars out of four transients! This is another demonstration of the problem of "public" (aka government owned) roads, parks, etc. You can't really control who walks there! If private owners owned the land, they would be fully within their rights to dictate who can and cannot visit, and under what conditions.

If it was me, I wouldn't want them hanging around, but I would be OK with them passing through. I might even hire a few of the more reliable and clean ones to do some small jobs once in a while.

Labrocca
01-22-2007, 08:00 AM
Well as a former retail store owner in NYC I can tell you that homeless standing in front of you store is detrimental. I was in a crappy part of the East Village (st. marks place) and still bums deterred people.

It's just rude of a homeless person to camp out at the same spot day in and day out. Sure...spend a few hours or whatever but move on. Go to a park...go to a shelter...stand on a corner ask for change. Jeez....lots of NYC bums don't even want to be helped.

firefox
01-26-2007, 08:45 AM
Probably not. They get it pretty cushy in some ways, don't you think? I've never been to NYC myself, so I don't know what it's really like.

Professor
01-26-2007, 11:47 PM
No, they shouldn't be standing there day after day. But sueing them for $1M isn't a reasonable solution. They can't pay and it will just cause more animosity in the relations between the homeless and the businesses. There will always be businesses and unfortunatly, there will always be homeless.

J316
02-17-2007, 03:58 PM
That is just stupid.