Tuesday, Mayor Tom Bates will ask the Berkeley City Council to place a measure on the November ballot augment banning sitting on the sidewalk in commercial stretches of the city.
The ordinance, which has stirred contention, would augment the city's Public Commons for Everyone Initiative, which was passed in 2007.
That initiative detailed 15 guidelines for keeping the city's public areas clean, safe, healthy and welcoming to residents, business owners, and visitors. It recommended $1 million in added support for social service agencies targeting homelessness and substance abuse, and came with a 25-cent hike in parking meter fees to cover the costs.
The "Civil Sidewalks Ballot Measure" would bar squatting on public walkways between the hours of 7 a.m. to 10 p.m. except in medical emergencies, as part of a parade or rally, or for activities secured with a permit.
Critics have characterized it as an attack on homeless youth who have little recourse. Others say it points up the need to assist both merchants and those who congregate on downtown sidewalks, particularly along Telegraph Avenue.
Bates says in his memo to the council that he hopes the ordinance would spur "changed behavior rather than citations and fines."
Presuming the measure meets voter approval, it would take effect on March 1, 2013.
The council meets at 7 p.m. in the second floor chambers, 2134 Martin Luther King Jr. Way in Berkeley.
Berkeley residents do not want to see their police officers give tickets out to young people or their children who come to our City, the place where the Free Speech Movement started. They do not want to see our young being harassed because they happen to sit down, are selling crafts or are playing music on the sidewalk. I have traveled all over the world and one of the things that makes a city draw tourists and money are the cities who have young artisans selling their wares, playing some music or singing a song on the street. Seniors and the disabled get tired and sometimes just have to sit down. The homeless have enough to deal with in life and should not be harassed by the police just because they happen to put a duffel bag, back packs, etc. on a sidewalk.
It is my understanding the Mayor has stated we will promote the business of our business owners with this ordinance. Yet a similar ordinance in San Francisco has not led to economic recovery but rather economic deterioration. The reason for this is two fold: (1) this kind of ordinance will not bring in money where there is no money to be had in this economic recession. People are tightening their belts and not spending money. (2) Berkeley residents will resent these business owners who support and have pushed for this ordinance and will retaliate by refusing to do business in their establishments. Instead they will take what money they have out of town to a friendlier and more hospitable atmosphere.
Finally, it will cost $26,000 to put this measure on the November ballot. Why are we wasting $26,000 of city revenue to put a proposed ordinance on the ballot that will invite litigation, waste police resources to enforce, criminalize the most needy and vulnerable in our community, drive shoppers and residents out of Berkeley and not achieve its stated purpose? I urge the members of the City Council to VOTE NO on this measure and not allow it to be placed on the ballot for November, 2012.