From Nicolas King, the policy advisor for public safety at the mayor’s office:

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People all over the city report feeling intimidated because of provocative panhandling and the presence of dogs or shouting. In these situations, those responsible for bothersome conduct are not necessarily acting criminally. The police do not have a tool to engage people who are not breaking a law but who act provocatively to passersby and merchants. There are boundaries to acceptable social conduct in public. Any conduct must be balanced against the rights of other people. Long-time residents and merchants and police are frustrated with the status quo.

Currently, the city reaches out to people who may be sitting or lying on the sidewalk through various departments (Homeless Outreach Team, SFPD, Dept. of Public Health, city-funded non-profits). Still, unwanted conduct persists. Existing laws don’t allow the City to proactively engage people who may not want or need services, or people who need them but decline them.

A sit lie ordinance makes it unlawful to lie or sit on a public sidewalk during certain hours with reasonable exceptions. Dozens of other cities have had enacted sit lie ordinances including Santa Cruz, Berkeley, Seattle, Los Angeles, Houston, Philadelphia and Portland.

How would the law work?
- The law says that, between 7:00 a.m. and 11:00 p.m., it is unlawful to sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk.
- The prohibition against sitting or lying on sidewalks leaves intact an individual’s right to speak, protest or engage in other lawful activity on any sidewalk consistent with any City permitting requirements. The prohibition applies only to sidewalks. There are a number of places where the restrictions of this ordinance do not apply, including plazas, public parks, public benches, and other common areas open to the public. The prohibition contains exceptions for medical emergencies, those in wheelchairs, and permitted activities.
- To enforce the law, first, there would be a respectful warning from SFPD. Ideally the interaction between SFPD and the individual(s) ends here. In other cities with sit lie ordinances, the interaction almost always ends with the warning because the people choose to get up or move on.
- If a person refuses to move after a warning, there will be a citation issued. It is an infraction ($50-100/community service); another offense within 24 hours of first offense will result in a higher penalty ($300-500/community service/up to 10 days jail); an offense within 120 days of conviction will result in a higher penalty ($400-500/up to 30 days jail).

Won’t this law result in criminalization of homelessness? The target of the law is conduct, not homelessness. Participants in the conduct the city aims to address are not necessarily homeless. The ordinance applies only during certain hours and excludes many areas appropriate for sitting or lying all over the city.

Why does the ordinance cover the entire city? Because the problem conduct happens on sidewalks all over the city. If the law applied only to certain sidewalks, the conduct might spread to non-covered sidewalks requiring an additional, cumbersome and slow response by the Mayor and Board of Supervisors. It is important to make the law both simple to enforce for officers and simple to comply with for citizens.

What training will officers have in order to ensure that this does not lead to harassment of poor people? If the ordinance passes, it will not immediately go into effect. There will be sufficient time for SFPD to train its officers on what the law does and does not do and how to respectfully approach any persons who are sitting or lying with a warning.

Is the proposed ordinance legal? Yes. Dozens of other U.S. cities have sit lie ordinances. Seattle’s was first passed in 1993. State and federal courts have upheld their constitutionality when the laws were challenged on substantive due process and First Amendment grounds. As recently as February of 2010, a California court upheld the constitutionality of a sit lie ordinance. The challenges failed because the laws are narrowly written to prohibit only certain conduct, and the city has legitimate interests in keeping sidewalks safe and clear. Exceptions remain in the law for sitting associated with expression (A sit in demonstration for example).

Where are people to go if SFPD informs them that it is unlawful to lie on the sidewalk? Where they like. People may stand. They may go to benches, libraries, the beach, over 260 parks, common areas open to public, and plazas.

Can’t we amend the law to require officers to ask people if they need services before warning them? Each SFPD district station already has a homeless outreach officer who reaches out to people who appear homeless with an offer to connect people to services. The Homeless Outreach Team (HOT) also patrols the city and is dispatched to assist people who appear homeless. People do not always need or accept assistance. The training of officers on the law once enacted may have a component where officers would refer resources to those who need them.

Why aren’t existing laws sufficient? Existing laws don’t provide a proactive tool for SFPD, nor do they address the conduct this law targets. Trespassing laws cover private property, not sidewalks. Laws about blocking the sidewalk require intent to block, a witness as well as complete blockage of sidewalk. Threats, assault, battery, and other complaints usually require reaction instead of intervention, a third-party witness plus investment of time by complainants who are sometimes intimidated. A sit lie ordinance aims to give SFPD a tool to address problems before they escalate into more serious confrontations or crimes.

Aren’t we picking on the most vulnerable people and making them criminals? As a city, we ask a lot of our residents, merchants, and police officers. Given our demonstrated and continued investment in support services and a comprehensive social safety net, it is reasonable to prohibit certain conduct limited to public sidewalks. SFPD officers are asked to solve problems, not just enforce the law. When police do engage neighborhoods and problems, we should make sure they have the tools they need.