Police, business owners discuss homeless vagrancy on square

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  • Thirty business owners and other interested residents came to Monday’s meeting with Burnet Police Chief Brian Lee (left) to discuss what can be done about a homeless man who hangs out around the Burnet square. Police called on residents to sign complaints before the man can be arrested. Photos by Phil Reynolds/Burnet Bulletin
    Thirty business owners and other interested residents came to Monday’s meeting with Burnet Police Chief Brian Lee (left) to discuss what can be done about a homeless man who hangs out around the Burnet square. Police called on residents to sign complaints before the man can be arrested. Photos by Phil Reynolds/Burnet Bulletin
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  • Complainants attributed this broken window in a storefront on the Burnet square to a homeless man who has been hanging around the square and annoying business owners. One described the experience as “unnerving.” Phil Reynolds/Burnet Bulletin
    Complainants attributed this broken window in a storefront on the Burnet square to a homeless man who has been hanging around the square and annoying business owners. One described the experience as “unnerving.” Phil Reynolds/Burnet Bulletin
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Thirty people — business owners and other interested residents — crowded the Burnet Police Department’s training room Monday evening to learn what police are doing about a homeless man who’s been hanging out and apparently causing damage around the square.

They learned, among other things, that cops can’t arbitrarily arrest someone. In general, the officer must see the person commit a crime or someone must file a criminal complaint.

Businesses around the square have been reluctant to file complaints, in part because the owners apparently didn’t realize that was a requirement.

Police Chief Brian Lee, who called the 6 p.m. meeting, said progress has been made, however.

“Where we stand today, we got an order on … Friday afternoon that removes him 100 yards from the square, which basically moves him to (Texas) 29, (U.S.) 281 and Vandermeer (Street),” Lee said.

He added that police believe he violated that court order over the weekend, and officers are checking on getting an arrest warrant.

The man is suspected of causing broken windows and of strewing broken bottles around the square, though he hasn’t yet attacked anyone, apparently.

He has, however, upset some people. One business owner said, “One day he followed me to my car and watched me get into my car and, I mean, just stood there looking at me. … It was unnerving.”

Lee said business owners must take responsibility for letting police know when laws have been broken.

“When … he does some criminal mischief … we need you as business owners to step up and say, ‘We will pursue charges against him, we will press charges.’”

He showed a sheaf of papers, saying there were three pages of calls for police service because of the man. But a call for service isn’t a criminal complaint.

And, he said, sympathizing with the man has been on both sides of the table: “From all the information I’ve gathered, there’s been a lot of gestures of good will toward this person, all well-intentioned. And now people aren’t comfortable with him being down there, what he’s doing. And that’s been on both sides: we’ve had officers put him in a room … and feed him.”

A new state law, due to take effect Sept. 1, could further limit the city’s options.

According to the Texas Tribune, the law “would make camping in an unapproved public place a Class C misdemeanor, punishable by a fine of up to $500. Cities may not opt out of the ban or discourage enforcement of it.”

City Manager David Vaughn said, “… our understanding is ... we can prevent them being in certain public areas, but we have to provide them with an alternative place to go.”

“In the end,” Lee said, “we want to get him on his way to, you know, where he’s more stable in life and has a comfortable place to be, and not down on the square causing problems.”