By Gregory Korte and Jane Prendergast
The Cincinnati Enquirer

Homeless people living under downtown bridges - and the lawyers suing the city to allow them to stay there - drew fire from City Council members returning from a two-month working vacation Wednesday.

But police say they're making steady progress on the issue, even without an official settlement to the 7-week-old legal dispute.

City sanitation workers got permission Wednesday to clean up the spot along Third Street at the base of the Clay Wade Bailey Bridge.

That's where Donald Henry, the plaintiff in the pending federal lawsuit, lived until he got an apartment two weeks ago. A handful of others lived there, too.

But the place is empty now, said Police Capt. James Whalen, the District 1 commander. He said he and homeless activists went together Wednesday to check out the encampment.

They found no more belongings stowed under the rafters, he said, and only rotting food and other garbage. After agreeing that no more homeless people were living there, he said he gave Public Works approval to clean it up.

But City Council's frustration over the homeless hasn't subsided.

"It's a public safety issue, it's a public health issue and it's a public image issue," said Councilman Chris Monzel, who said he witnessed a homeless man defecating under a bridge last week as he took his family downtown.

Though the Law Committee wasn't considering any formal action on the homeless issue Wednesday, Chairman Pat DeWine was intent on stopping city lawyers from entering into any settlement that would require police to give 72 hours' notice before evicting people from public property.

"If a federal judge believes that people can violate the law and we can't remove them from public property, well then maybe these people should move into the federal courthouse," DeWine said.

Councilman John Cranley said he agreed that the homeless have no absolute right to set up camp downtown, but the city should use a softer touch.

"We just have to remind ourselves that we're dealing with human beings," he said.

E-mail gkorte@enquirer.com and jprendergast@enquirer.com