LEXINGTON, Ky. — Sleeping in public became illegal in Kentucky two years ago through House Bill 5, also known as the Safer Kentucky Act, which took effect July 15, 2024. According to reporting from the Public News Service, enforcement of the law has intensified, with 460 unlawful camping charges filed in 41 Kentucky counties during the law's second year, up from 438 charges across 31 counties during its first year.

Charges rose and spread to more counties in the law's second year, which ran from July 15, 2025, to this past July. Fayette County ranks second in the state for these charges, with Lexington Police Department officers issuing 61 citations for unlawful camping during the law's second year, up from 49 during its first year.

Ashley Spalding, a senior fellow at the Kentucky Center for Economic Policy, warned that the upward trend is concerning amid housing shortages and program cuts. Despite a dire shortage of available, affordable housing in Kentucky, HB 5 seeks to address the state's homelessness problem with new criminal penalties. The penalty for "unlawful camping" is a violation for the first offense subject to a fine of up to $250, and a Class B misdemeanor for the second and each subsequent offense, which carries a maximum punishment of 90 days in jail and fines of up to $250.

For those cited, the consequences extend beyond fines. Legal obligations create additional barriers for vulnerable populations already struggling with lack of housing and resources. Rather than providing a pathway to housing, criminalizing homelessness further destabilizes unhoused Kentuckians' lives and disrupts access to services.

Local advocates dispute the effectiveness of the enforcement approach. Ginny Ramsey, co-founder and director of the Catholic Action Center, questions how the law can be enforced without adequate shelter capacity, saying the recently released citation numbers appear underreported and exclude loitering charges.

Lexington police have emphasized they prefer intervention over citations. Most enforcement starts with a citizen complaint, and officers try not to cite or arrest unhoused people, with leadership saying it wants to help people access resources that are available.