Sidewalk rules headed for test run
by Matt Batcheldor
The Olympian
29 November 2006
http://www.theolympian.com/101/story/53047.html


The Olympia City Council gave preliminary approval Tuesday night to an
ordinance that would ban certain behavior on downtown sidewalks, but it
made several changes.

The new rules, which the council might vote on at its Monday meeting, will:

? Allow sitting and lying on sidewalks between 10 p.m. and 7 a.m.

? Allow street performers in areas to be designated.

? Require that objects other than people be banned from a 6-foot area of
sidewalks unless a permit is granted.

? Put the ordinance into effect Feb. 1, and set it to expire Dec. 15,
unless the City Council extends the date.

With those exceptions, the measure 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. Police officers could cite violators, who could pay
up to $1,000 or spend 90 days in jail.

The council voted 5-1, with Councilman TJ Johnson voting against.
Councilman Doug Mah was absent.

Mayor Mark Foutch, who has said the ordinance can help police stop
troublemakers, added that it is a tool to take homeless people off the
street who truly need help.

"I have positive hopes for the ordinance and the way we implement it,"
Foutch said. "I hope we will be patient and observant of how to help us
and the police."

But Johnson read a lengthy prepared statement against the ordinance.

"This ordinance is based on a false belief that downtown is unsafe," he
said, and that business is hurting as a result.

But he said that is untrue; in downtown, building vacancy rates aren't
too high, police calls are down, parking is in great demand and hotels
have good occupancy rates.

"I believe that passing this ordinance tonight will only divide the
community," he said.

Divisions were very apparent after about 120 people spoke on the
ordinance at a public hearing last week. Opponents said the rule would
unfairly target the homeless, driving them away from business overhangs
and out into the elements. Supporters replied that the rule is aimed at
bad behavior, not the homeless, and that a silent majority believes the
council ought to take some action.

Several people attempted to speak against the ordinance Tuesday night,
flouting council rules that prohibit speaking on a topic that has been
covered in a public hearing during the last 90 days. It came to a head
when Foutch asked Jed Whitaker of Olympia to sit down. He refused, then
started reading the text of the First Amendment. Foutch immediately
recessed the meeting and left his seat.

"This ordinance is unconstitutional and you should not do it," Whitaker
said.

The ordinance would cover an area with boundaries at Port of Olympia to
the north, Union Avenue to the south, Capitol Way to the west and Plum
Street to the east.

Councilmen Mah and Jeff Kingsbury co-sponsored the ordinance. They said
the city had received a number of calls from the public, saying people
are deterred from coming downtown and asking the council to take action.

Kingsbury maintained that he's heard from many who encountered blocked
sidewalks, and the ordinance is a good first step toward ensuring
mobility. "Our existing laws don't appear to address some of those
problems," he said. "I don't believe this ordinance is intended to be
the end of all ordinances. I think that this ordinance at least attempts
to eliminate some of those behaviors."

Councilwoman Karen Messmer brought forward the first amendment, to ban
"not just behavior by people, but objects" in the 6-foot zone. "We need
to be fair about this and not say objects are more important than
people," she said.

Sometimes coming to tears when recalling how opponents have criticized
the council on the issue, Councilwoman Laura Ware suggested allowing
street performers, and a clause allowing people shelter to sit or lie
down on sidewalks between 10 p.m. and 7 a.m.

"Everybody agrees that we need to be comfortable walking our own
streets," she said.

*WHAT'S NEXT*

The Olympia City Council could take a final vote on the pedestrian
interference ordinance at its meeting Monday.

*HOW THEY VOTED*

Yes: Jeff Kingsbury, Laura Ware, Mark Foutch, Karen Messmer, Joe Hyer

No: TJ Johnson

Absent: Doug Mah