GASTON COUNTY, N.C. — A woman is now behind bars facing a felony charge that is usually reserved for cases of big business, but advocates are concerned that it may be a new way of criminalizing the unhoused.
Channel 9’s Ken Lemon was in court Wednesday as Faith Fisher faced a charge of felony littering, which could come with a fine of $5,000.
It stems from items that were dumped in a lot in the Smyre community. We’re not sure how much was removed, but the charge typically involves dumping more than 500 pounds of trash.
Fisher wasn’t the only one littering, but she was the only one charged with a felony. Police say she was staying in a homeless encampment.
“The encampments are just popping up everywhere,” said Dwayne Burks of The Gateway, which works with people living on the streets.
It’s private property, and police say people were told they have three days to move.
“They want their property clean and safe, I understand that, but there’s nowhere for people to go,” Burks said.
Fisher was still there, and police say they weighed the litter to make sure it reached 500 pounds, though other people littered, too.
“It’s disturbing,” said Brent Ratchford, a defense attorney. “To criminalize homelessness is very troubling.”
Ratchford isn’t working this case, but he says it sounds like police are taking a strong stance to get people to move. He said the law was designed to stop companies from dumping 500 pounds of mess on private property.
“Very unusual situation,” Ratchford said.
It’s a situation Ratchford believes prosecutors can’t win in court.
Fisher is still in jail under a $2,500 bond. Ratchford said that might as well be about $2 million for someone living on the street. It appears that the judge wanted to give her a lower bond, but she has past charges for missing court dates, and judges aren’t so forgiving to people who miss court.
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