Lakeland's homeless are being trespassed from Munn Park, with no known appeals process

LAKELAND ― Stephen Gangemi placed his duffle bag on a sidewalk in Munn Park the morning of April 30 in hopes of eating a hot meal. He never got the chance.

For Gangemi, placing his bag in a line along the edge of the sidewalk had become part of his usual Sunday morning ritual. It saved his spot to receive a plate of hot food, choice of clean clothes and personal hygiene items from Lakeland Mutual Aid, a politically oriented community group.

Gangemi said he stepped away from his bag to talk with a friend sitting on a nearby park bench. An observer informed him Lakeland police Officer David Guptill had picked up several bags. In his report, Guptill wrote, "I approached the bags and found nobody to be near the bags and in possession or control of them."

Gangemi and a friend both approached Guptill to claim their bags. When asked for personal ID, the two men offered it and in exchange were verbally informed by Guptill they had been trespassed from Munn Park.

Gangemi is one of at least 30 people Lakeland Police Department has trespassed from the city-owned Munn Park this year, based on records The Ledger obtained. That's nearly three times more than a similar seven-month period in 2022.

The overwhelming majority of individuals being trespassed are homeless. More than 90% of the time, the reason listed is a non-violent misdemeanor or alleged violation of a city ordinance. The top reasons for being trespassed in the past year are: sleeping in public (17), abandoned property (7), creating a disturbance and loitering (two each).

"I think it's wrong what they are doing to us," Gangemi said. "They are taking innocent people and pushing them out of there."

There has been one instance in 2023 in which a person was trespassed from the public park for assaulting a city employee, according to LPD records. Court records from Polk County Clerk of Court indicate that individual was not homeless.

By comparison, from May to December 2022, the city issued 11 trespass warnings barring individuals from the city park. The top reasons cited were sleeping in the park (5), unwanted guest (2), and one instance each of drug possession, open alcohol container, public nudity and bathing in the fountain.

Lakeland Police Department declined The Ledger's repeated requests for an in-person, telephone or video-teleconference interview to discuss the issue of individuals being trespassed from Munn Park or other public property.

"All sworn police officers in the City of Lakeland have been given the authority to issue a trespass warning to persons from City of Lakeland properties when they infringe on the comfort and safety of the general public," LPD spokeswoman Robin Tillett wrote in an email. "Our sworn officers are given this duty to make sure all persons are able to enjoy our city properties."

City Attorney Palmer Davis said Lakeland officials have given the officers permission to enforce Florida's trespass laws "under circumstances posing a threat to public safety or welfare."

Trespassed, now what?

Gangemi said upon being told he was trespassed from Munn Park, he and his friend immediately left the area. It wasn't until a short while later that Gangemi said he realized he had several unanswered questions. He has not had any prior issues with the law and has no criminal record.

"[The officer] didn't tell us for how long, what to do or much of anything," he said.

The pair went to Lakeland Police Department's headquarters the following Monday to request copies of the police report. Gangemi said this is when he learned he was trespassed from the park "indefinitely" and inquired what the legal process was.

"Trespass warnings are permanent," Tillett said.

The Lakeland Police Department says it doesn't keep a list of people banned from Munn Park. Any requests to appeal a trespass warning can be "examined on a case-by-case" at the department when requested by the person affected.

Mike Carrano and Robyn Cohen have launched a nonprofit called The Cosmo Project aimed at providing basic necessities to homeless and low-income households. They have attempted to personally help a man appeal his ban from Munn Park. The pair said they have repeatedly seen officers pick up bags belonging to homeless individuals and ask for ID, then issue a trespass warning.

"The police are abusing the law to be able to remove homeless people from the park," Carrano said. "They are not treating them like citizens and are using city ordinances against them. They are stealing belongings. These belongings are being taken away from [people] when they are less than five to six feet away."

John Henry said he was issued a trespass warning May 28 for putting a bag on the grass while he sat at the fountain, head down as he was dealing with a medical issue. The bag was less than 3 feet away, he said.

Carrano and Cohen went to the Lakeland Police Department with Henry to help him get more information about the stipulations of his trespass warning. Cohen said she asked for a copy of the police report, then requested to speak with Officer Guptill, who wrote Henry's citation.

"I asked him, 'Why are you treating this as abandoned property when it was within two feet of the property owner?'" she said. "What about this constitutes unattended property if a person is in eyesight of his belongings a few feet away?"

Cohen said the police report didn't indicate how long the trespass warning lasted or how to appeal.

"I asked what the appeals process was," she said. "I was told there is no appeals process for a trespass warning."

Attorney Chelsea Dunn of Southern Legal Counsel Inc., a Gainesville-based statewide nonprofit public-interest law firm, told The Ledger a municipality can only trespass or ban a person from public space, such as a city park, if it has provided the opportunity to challenge the trespass through an appeal process. The individual must be given notice of the trespass warning, which can be verbal or written, and their rights to appeal.

"I do not believe that the mere fact that a trespass warning can be rescinded is sufficient procedural due process to meet the requirements of the 14th Amendment to the U.S. Constitution," she said.

Tillett confirmed the Lakeland Police Department has "no formal process for a warning to be reviewed."

The Ledger could identify one instance where the Lakeland Police Department rescinded a trespass warning from Munn Park. The warning issued to Nick Karlowa, a homeless man who is autistic, for leaving a bag on a park bench was rescinded the day after the paper reported his story.

"We are just trying to understand from [the department's] perspective how this works because John [Henry] was not the only person trespassed," Cohen said.

Where else to go?

On a Thursday afternoon in June, Gangemi and three other men without permanent homes sat under the shade of a tree seeking respite from Florida's sweltering heat. They are among seven individuals who have been trespassed from Munn Park since late February for "leaving property."

Gangemi said he thinks there would be many more people trespassed, except many have learned giving officers an ID to get their bags back results in being banned. Many choose to give up their few — sometimes only — possessions to avoid being trespassed from the city park.

"It's very convenient for us there; it's close to everything," he said. "We see a lot of our friends come through and get to talk to them. It's very convenient."

Munn Park has long been a gathering space for those who stay overnight in the city's emergency shelters. It is the hub where homeless individuals gather once the emergency shelters close their doors for the day — as they feel they have no place else to go.

The city's two primary emergency shelters both close their doors during the day. Talbot House Ministries serves breakfast at 6 a.m. daily to its overnight guests, who are asked to leave the premises after eating, according to spokeswoman Erin Martinez.. Lighthouse Ministries' Gospel Rescue Mission emergency shelter for men closes earlier.

More than a dozen individuals who shelter at Lighthouse or Talbot House who spoke with The Ledger said many downtown Lakeland businesses aren't open during these early morning hours. Those that are sometimes aren't welcoming.

Henry said often individuals who are homeless, like himself, receive negative attitudes.

"It's hard enough out here, but when this happens it makes it even harder," Henry said. "You take your backpack with you everywhere you go. But go into store, 'Did you bring your backpack in here so you can steal from my store?'"

Within a short walk of downtown, Lakeland Public Library's main branch near Lake Morton is not a welcome respite, according to shelter guests. They've been asked to leave the premises, and one man reports being trespassed for sitting on a bench outside the building.

Gangemi and others trespassed from Munn Park say there are other city parks in short walking distance: the Lemon Street and Frances Langford promenades, Lake Mirror Complex and Lake Morton to name a few.

There is serious concern once Munn Park is "clear" that Lakeland could start more actively policing other downtown parks, Gangemi said, trespassing homeless individuals from those as well.

The Ledger has been asked not to publicly identify the new daytime gathering spots for different homeless individuals, who fear possible harassment from Lakeland police or the community.

Talbot House and the Homeless Coalition of Polk County, a nonprofit that facilitates coordination among the county's homeless-service providers, are developing independent plans for a possible day center for homeless or low-income individuals. Neither has a specific date or timeframe for opening a location.

A trespass's lasting impacts

There can be longstanding legal implications for people who are trespassed from Munn Park and violate the warning, besides an arrest.

Proposed ordinance Lakeland nonprofit asks city to reconsider limiting homeless feedings in Munn Park

Under Florida Statue 810.09, being trespassed from property other than a structure or a conveyance is a first-degree misdemeanor. It carries a maximum penalty of up to a year in jail and a $1,000 fine.

Henry, who works a full-time job, said he won't dare violate the trespass order, as jail time would likely cause him to lose employment and the fine would be a major financial setback to getting back on his feet.

Gangemi said he's staying at Lighthouse Ministries while saving up money waiting for an affordable apartment to become available for him to lease in Kansas, where he was born. He's lived in Lakeland for several years, but was unable to keep up with Florida's rising rents on Social Security income. A fine would be a financial setback and create a criminal record for Gangemi. Many landlords and apartment complexes can be reluctant to rent to an individual whose background check comes back with a record.

Cohen said they've seen fewer individuals attend a weekly share The Cosmo Project holds in Munn Park, offering an opportunity for individuals in need to obtain new or gently used clothing, shoes, personal hygiene items, drinks and portable snacks.

Lakeland Mutual Aid often offers its hot meals at the same time.

"We miss the food sometimes," Gangemi said. "A local church has been nice to us and brings us food on Sundays and Wednesdays. They have been really nice about it."

Lakeland city commissioners have had on-and-off discussions since December about drafting an ordinance to provide stricter guidelines limiting public feedings in Munn Park. No proposed ordinance has been publicly presented as of the July 17 meeting.

This article originally appeared on The Ledger: Lakeland police are trespassing homeless from Munn Park without appeal