Naperville’s homeless protester Scott Huber was back in court again this week. A hurried Huber showed up to his injunction hearing with the City of Naperville at the Wheaton Field Court just seconds before being found in default. That ruling would have permanently banned Huber from protesting in downtown Naperville.
His reason for being late: he was busy filing a controversial motion at the Circuit Clerk’s office. The motion in question asked for a continuance in the case due to Huber’s other pending legal cases–two seperate criminal trespassing cases and a civil suit that has been brought against him by Naperville psychologist Katherine Borchardt. Wheaton Field Court Judge George Sotos granted the continuance.
Huber’s second request in the motion was for an emergency court order of protection against the Naperville Police Department. In the nine-page document he filed with the court, Huber made around 40 allegations about the police force that were reasons for his request. The request was quickly objected to by Naperville Assistant City Attorney Michael DiSanto, and struck down by Sotos, who cited multiple Illinois statutes and DuPage County regulations that made an immediate decision on such a request impossible.
Huber says he is hoping to fight the “invisible force at every level” that has disrupted his preparing for this case, including his computer inexplicably not working and the possible jail time that would come from another arrest.
“Basically I’m saying that the police are misinterpreting the facts,” said Huber. “They’re suppressing things that were obvious.”
DiSanto thought Sotos’ decision was the only one that could have been made regarding Huber’s requests.
“The city had no objection to his request for a continuance, being that the preliminary injunction was continued,” said DiSanto. “But as far as the second part of his motion, asking for emergency injunctive relief, it just was not properly pled, it failed to state a cause of action under the law.”
So with this case on the back burner for a month or two, Huber has time to focus on his other cases in Wheaton, but the temporary injunction keeping him from protesting in downtown will continue.
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