Sit-lie ordinance
Encyclopedia
In the United States
, a sit-lie ordinance is municipal ordinance which, in certain circumstances, prohibits sitting or lying on the sidewalk or other public space, as the name suggests.
Proponents argue that such ordinances are useful or necessary in keeping sidewalks free from obstruction, particularly for use by mobility-impaired persons, and that they are a useful tool in fighting undesirable behavior, while opponents argue that they are instead veiled attacks on vagrants
and homeless persons, and, further, unnecessary and overbroad.
Sit-lie ordinances are most notably found in West Coast cities, since the 2000s, with Seattle, Washington
, Portland, Oregon
, and several San Francisco Bay Area
cities – Berkeley
, Santa Cruz
, Palo Alto, and San Francisco itself – having passed such ordinances..
In a 2009 survey of 235 US cities, 30% prohibited sitting or lying in some public places.
See also Meet the proponents of sit / lie.
Certain aspects of some ordinances have been ruled overbroad
; Portland’s ordinance prohibits having possessions more than two feet from one’s person, which was ruled unconstitutional by Judge Michael McShane in 2009, stating that he "found that an ordinary person would not understand from the statute that mundane and everyday behavior would be prohibited by the law," and that "the ordinance encourages arbitrary and discriminatory enforcement."
Portland's most recent ordinance was enacted in 2007, set to sunset in June 2009. It was subsequently extended by 6 months, but during this extension was ruled unconstitutional by Multnomah County Circuit Court Judge Stephen Bushong on June 19th, 2009, who found that it was "preempted by state law," because "it prohibits conduct permitted by state law, and that's not permitted under article 11, section two of [the] Oregon Constitution." The police subsequently ceased enforcing it and the law sunset.
, but generated strong opposition – under the banners of "Sidewalks Are for People" and Stand Against Sit/Lie. It was placed on the November general election ballot as "Measure L", and was approved by voters on November 2nd, 2010..
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a sit-lie ordinance is municipal ordinance which, in certain circumstances, prohibits sitting or lying on the sidewalk or other public space, as the name suggests.
Proponents argue that such ordinances are useful or necessary in keeping sidewalks free from obstruction, particularly for use by mobility-impaired persons, and that they are a useful tool in fighting undesirable behavior, while opponents argue that they are instead veiled attacks on vagrants
Vagrancy (people)
A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...
and homeless persons, and, further, unnecessary and overbroad.
Sit-lie ordinances are most notably found in West Coast cities, since the 2000s, with Seattle, Washington
Seattle, Washington
Seattle is the county seat of King County, Washington. With 608,660 residents as of the 2010 Census, Seattle is the largest city in the Northwestern United States. The Seattle metropolitan area of about 3.4 million inhabitants is the 15th largest metropolitan area in the country...
, Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, and several San Francisco Bay Area
San Francisco Bay Area
The San Francisco Bay Area, commonly known as the Bay Area, is a populated region that surrounds the San Francisco and San Pablo estuaries in Northern California. The region encompasses metropolitan areas of San Francisco, Oakland, and San Jose, along with smaller urban and rural areas...
cities – Berkeley
Berkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
, Santa Cruz
Santa Cruz, California
Santa Cruz is the county seat and largest city of Santa Cruz County, California in the US. As of the 2010 U.S. Census, Santa Cruz had a total population of 59,946...
, Palo Alto, and San Francisco itself – having passed such ordinances..
In a 2009 survey of 235 US cities, 30% prohibited sitting or lying in some public places.
Proponents
In some cases sit-lie ordinances, such as in Portland, are part of a package of reforms, also providing services for vagrants, such as restrooms, benches, and day shelters, and in this context are argued at a tool to ensure that such resources are used – a stick to the carrot of services.See also Meet the proponents of sit / lie.
Criticism
Critics argue that such ordinances are a criminalization of homelessness, a criminalization of ordinary activities – hence prone to selective enforcement – and unnecessary, since existing, narrowly targeted laws ban the undesirable activities such as aggressive panhandling, obstruction of sidewalks, loitering, and aggressive pursuit.Certain aspects of some ordinances have been ruled overbroad
Overbreadth doctrine
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. American courts have recognized several exceptions to the speech protected by the First Amendment , and states therefore have some latitude to regulate unprotected...
; Portland’s ordinance prohibits having possessions more than two feet from one’s person, which was ruled unconstitutional by Judge Michael McShane in 2009, stating that he "found that an ordinary person would not understand from the statute that mundane and everyday behavior would be prohibited by the law," and that "the ordinance encourages arbitrary and discriminatory enforcement."
Portland
Portland has passed multiple sit-lie and anti-camping ordinances in the 2000s, which have all either been struck down or expired, and is working on related ordinances that would allow sitting and lying. See Updated: Eight years of sit-lie history for a detailed history from a source opposed to these ordinances.Portland's most recent ordinance was enacted in 2007, set to sunset in June 2009. It was subsequently extended by 6 months, but during this extension was ruled unconstitutional by Multnomah County Circuit Court Judge Stephen Bushong on June 19th, 2009, who found that it was "preempted by state law," because "it prohibits conduct permitted by state law, and that's not permitted under article 11, section two of [the] Oregon Constitution." The police subsequently ceased enforcing it and the law sunset.
San Francisco
In San Francisco, a sit-lie ordinance was proposed in March, 2010 by Mayor Gavin NewsomGavin Newsom
Gavin Christopher Newsom is an American politician who is the 49th and current Lieutenant Governor of California. Previously, he was the 42nd Mayor of San Francisco, and was elected in 2003 to succeed Willie Brown, becoming San Francisco's youngest mayor in 100 years. Newsom was re-elected in 2007...
, but generated strong opposition – under the banners of "Sidewalks Are for People" and Stand Against Sit/Lie. It was placed on the November general election ballot as "Measure L", and was approved by voters on November 2nd, 2010..