Neeti Upadhye

Staff writer

Three homeless advocates left a protest at the County Office Building on Monday in handcuffs.

Sister Grace Miller from the House of Mercy and John Malthaner from St. Joseph's House of Hospitality were arrested while waiting in the Department of Human Services office to schedule a meeting with DHS Commissioner Kelly Reed, according to Ryan Acuff, an advocate from the House of Mercy who videotaped the arrest. Acuff said he was thrown to the ground and arrested as he attempted to leave the scene.

"It speaks to the state of our local government," said Acuff. "We can't even be in chairs in the office of our representatives without being harassed and eventually arrested."

Miller, Acuff and Malthaner were charged with third-degree criminal trespass, according to Cpl. John Helfer of the Monroe County Sheriff's Office. Helfer said those arrested were accused of being disruptive and had refused to leave the upper floors of the building instead of staying in the atrium, the designated protest area.

"We're willing to risk arrest for the homeless that the county does not care about," said Miller, as she was led onto a Monroe County Sheriff's van awaiting to take her to jail.

Nearly 30 protestors showed up at the County Office Building to speak on behalf of the homeless population recently locked out of the Civic Center Garage in downtown Rochester.

"The homeless are cold and have no place to go," said Kelly Sherman, 66, of Rochester, who participated in the protest. "They are humans and they have rights."

Monday's demonstration was a continuation of last week's effort to communicate with county administration. On Friday, about a dozen protesters waited outside Monroe County Executive Maggie Brooks' office in hopes of scheduling a meeting with Brooks.

County officials canceled a Sept. 9 meeting with the House of Mercy and St. Joseph's House of Hospitality to discuss the homeless crisis, allegedly claiming it was unnecessary and that there was no plan to reschedule. The meeting between homeless advocates and the administration planned to address the potential for a new shelter in downtown Rochester.

"We want to work together with the county to make sure every man, woman and child has access to quality housing and shelter," said Acuff. "We think that is possible in Monroe County."

In a statement, county officials indicated they would not back a proposal from the groups for a new shelter and directed advocates to state funding sources instead.

"It can't be overstated that Monroe County already invests nearly $5 million and contracts with 17 shelters for emergency housing each year and will continue to work closely with reputable service providers to fill this important need," said spokesman Justin Feasel. "However, the county will not use taxpayer dollars to pay for a facility that would encourage active illegal drug and alcohol abuse."

Donna Dutton, 46, who has lived at the House of Mercy for the past five days, conceded that the shelter needed better facilities but also noted that its one of the only places to go for free.

"It's not the best thing, but it's a place to rest your head and not get rained on," she said.

As the weather gets cooler, the situation gets a little more dire and homeless advocates have no intention of backing down.

"Maggie Brooks thinks we might go away but we aren't going away," said Sherman. "We want a settlement to this issue."

Miller, Acuff and Malthaner were all released on bail Monday afternoon and are slated to appear in City Court on Tuesday morning.

Includes reporting by staff writers David Riley and Brian Sharp.

NUPADHYE@Gannett.com

Twitter.com/NeetiU_DandC