Council rethinks sidewalk ordinance
The Olympian
by Matt Batcheldor
23 Nov 06
http://www.theolympian.com/101/story/52139.html

OLYMPIA - Olympia City Council members might revise an ordinance
regulating behavior on downtown sidewalks. About 120 people commented
for nearly five hours at a public hearing on the ordinance Tuesday.

Council members, exhausted from the long public hearing, said Wednesday
that they are regrouping and it's still too early to say how they will vote.

"At this point, I frankly need to be thinking through and sorting
through this," Councilwoman Karen Messmer said. "Is this (ordinance)
going to be the right tool at the right place and the right time?"

Councilman Joe Hyer, a downtown business owner who helped craft the
ordinance, agreed. "I honestly don't know what I'm going to do next
week," he said.

The proposal would make it a misdemeanor to sit, lie down, sell things
or ask for money within 6 feet of the edge of a building downtown. At
their discretion, police officers could cite violators, who could pay up
to $1,000 or spend 90 days in jail.

*More discussion*

Mayor Mark Foutch said he needs to discuss the ordinance with the other
council members before deciding whether it needs tweaking. But, he said,
it is essential that something is done Tuesday, when the ordinance is
set for its first reading at the City Council meeting.

"The sidewalks are for everybody, and it's not right for any class or
individual to monopolize the public space," he said.

Foutch also stressed that the police would not necessarily have to cite
people under the ordinance; they could instead use it as a tool to ask
troublemakers to move. Right now, people tell police they don't have to,
he said.

"Being able to move some folks along rather than focusing resources on
trying to catch them in the act of harassing passers-by is probably a
more effective and less intrusive way of maintaining order," he said.

Councilman Doug Mah, who co-sponsored the measure with Councilman Jeff
Kingsbury, said the council could rewrite "areas that could be clearer
or don't make sense." He pointed out that the council could continue to
make revisions, even after the first reading. Such revisions could make
the ordinance "more effective or address unintended consequences."

Opponents argued the ordinance was targeted at the homeless, and would
drive them out of shelter and safety. Supporters countered that the
measure was aimed at bad behavior, not a particular group, and it was
necessary to make pedestrians feel comfortable downtown.

Council members Kingsbury, TJ Johnson and Laura Ware could not be
reached by Wednesday night. Those who were interviewed said they were
impressed with the number of people who signed up to speak and their
reasoned arguments, both pro and con.

*Driven by necessity*

Hyer said the ordinance was driven by necessity. Many people have
complained to the city about blocked sidewalks and aggressive
panhandlers, saying they're becoming uncomfortable shopping downtown as
a result.

He disagreed with people at the meeting who said the city wasn't
addressing the homeless issue and enforcing laws already on the books to
address bad behavior. He said the council is studying the need for a day
center for homeless and law enforcement.

"We're looking at the big picture and all aspects of it," he said.

/Matt Batcheldor covers the city of Olympia for The Olympian. He can be
reached at 360-704-6869 or by e-mail at mbatcheldor@theolympian.com./