CHARLOTTESVILLE, Va. (CBS19 NEWS) -- The city of Charlottesville is grappling with a homeless encampment in Market Street Park. Tents now line the lawn, with many of the homeless individuals saying they have no other place to sleep.

Now, a legal expert has pointed out that the city's decision to lift the curfew at the park may indirectly contribute to a bigger issue.

"The city has really opened up a can of worms," says CBS19's legal analyst Scott Goodman.

The homelessness issue in Charlottesville has reached a critical point as Market Street Park is now occupied by several homeless individuals. Homeless people like Cheryl Burroughs have pitched tents to spend the nights there.

"I slept out here four nights ago in that tent. We had it right there leaning, so it leaked on me, and I didn't have a blanket. It was cold, I was freezing," she said.

It all comes after the city issued a directive to remove the closing time at Market Street Park after hearing a complaint of a police officer allegedly kicking two homeless people to wake them up after hours.

"We ain't got know where else to go because they keep running everyone else off from every porch, spot, everything, so it's a good and bad thing," said Burroughs.

But Goodman says this could lead to something else.

"It's not a certain thing at all that it will end with Market Street Park because the city has lots of parks, and we don't know what park is going to be next," he says.

Although being homeless is not a crime, he says people don't have the right to set up camp wherever they'd like.

"But people don't have the right to set up tents in a park unless the city gives them that right. The city has created the park system to give all citizens a rest bed from the urban environment," Goodman says. "It was not established to be a haven."

Goodman believes people don't want to bring the issue up because it may seem unfriendly or uncompassionate towards people who need housing.

"On the other hand, now that the city has allowed there to be overnight encampments people from anywhere, not just Charlottesville, but Albemarle surrounding counties, the word is out. You can come to Market Street Park and set up a tent, and the city is not going to bother you," he says.

He says that allowing homeless people or anyone to use the park as a campground will become a political decision for the city to make.

"Whether or not that's a wise decision is something the people will have the final say over when they make their voices heard when they either support the politicians who made that decision or vote them out of office," says Goodman.

The Charlottesville City Council is scheduled to meet on Oct. 2, but for now, the park remains open 24 hours.