Property Rights, Social Contract and Homelessness

by Charlotte O’Hara

3rd District Commissioner, JoCo BOCC.

This is my opinion and does not reflect the majority viewpoint of the BOCC


What property rights, whether a homeowner or tenant, do you have? It should be a very simple answer, however, the ever-exploding homeless population makes the question extremely complicated, or is it?

When you own or rent a home, there is an assumption and property law that you have the right of quiet enjoyment, or the right to feel safe, free from unreasonable noise, threats and or fear for your physical safety.

Also, there is a social contract to which the vast majority of folks in Johnson County adhere. We believe that we are responsible for our actions, that we are to work to support our families, pay our taxes and obey our laws.  Ok, but what of the folks who do not adhere to this social contract?  Do they have the right to disturb OUR “quiet enjoyment” by camping in our neighborhoods and loitering on OUR sidewalks?  Do they have the right to sleep in the doorways of businesses where customers are REQUIRED to step over them because law enforcement is powerless or refuses to protect OUR property rights?

I have watched in disbelief the stories and photos from California for years as the homeless took over beaches and neighborhoods. And we have all seen more recently what is happening in Denver…where over 40,000 homeless are destroying property rights and quiet enjoyment for the residents of that city. 

Most likely you believe this could never happen in Johnson County…well, banish your naivety.  It did happen in the area of 95th and I-35 just south of the proposed homeless shelter and adjacent to the Oak Park subdivision on August 23th, three days before the Special Use Permit (SUP) for the shelter went before the Lenexa Planning Commission.  

That Friday evening, a family of 3 was dropped off on the neighborhood’s sidewalk with a puppy and several plastic tubs full of their personal possessions.  The police were called and told the residents there was nothing they could do.  The neighbors went out to talk to the folks parked on the sidewalk and determined they were victims of a “dump and run”.  According to these folks, they were from Wyandotte County and were told that the homeless shelter was open and available for walk-ins 24/7.  Obviously, this was not true.  They were “dumped” on the sidewalk, their driver drove off leaving them stranded.

After receiving a phone call from one of the residents and told of the situation, I contacted City Union Mission. They sent someone to do a safety check on the family. According to City Union Mission the family was offered shelter at their facility, but they declined.  Read that carefully:  THEY DECLINED SHELTER AT THE CITY UNION MISSION!!!!

So, my question, do folks who live in this neighborhood and in all neighborhoods (owners or renters) in Johnson County, Kansas, have the right of quiet enjoyment?  Or do those who do not adhere to the social contract of self-sufficiency, work and paying their taxes have the right to destroy the tranquility and social fabric of the vast majority?

Naturally, all of us want to help those who are less fortunate, but at the cost of destroying our neighborhoods? What is the answer????  How do we prevent disruptive behavior, yet help those in need?  Ah, the wisdom of Solomon is needed.  This is not a problem government can solve.  This is where the Faith community comes in. Charity is the answer, not the taking of tax dollars and another bottomless bureaucracy, which will fail. 

During the Lenexa Planning Commission public hearing on August 26 for the SUP a member of the Good Faith Network presented a letter of support signed by 50 pastors.  The proposed homeless shelter will be for 50 single individuals (mostly men) so why couldn’t each of those pastors’ congregations provide shelter for one.  Each, only 1?  The Lenexa Planning Commission recommended denial of the Special Use Permit for the Homeless Shelter 9-0.  It now goes to the City Council on September 17 and will need 6 out of the 8-member council to be approved.  The mayor votes only in case of ties.

There was a happy ever after story from the dump and run incident at 95th and I-35. The homeless family gave the puppy to the woman who chatted with them on the sidewalk.  Bella is one happy puppy, and her new family is thrilled.

Artwork by Tim McCabe

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