A tale of two cities' laws on homeless

Tuesday, April 18, 2006

A federal court decision calling it cruel punishment to arrest homeless people for sitting or sleeping on the sidewalks of Los Angeles likely won't mean anything for Seattle, where such a law drew controversy for years.

The 9th U.S. Circuit Court of Appeals pointed out differences in the cities' laws, noting that Seattle bans people only from sprawling on sidewalks during the day and only in limited areas, such as downtown and Pioneer Square.

"They basically used our ordinance as an example of a good ordinance," City Attorney Tom Carr said Monday. "Here, it is not illegal to sleep in any of those places at night."

Julya Hampton, legal program director for the American Civil Liberties Union of Washington, and Columbia Legal Services attorney Peter Greenfield, who challenged Seattle's ordinance a decade ago, also said they didn't think the 2-1 ruling would have any effect here.

"Seattle has not attempted to say that people could not sleep anywhere in the city at any time," Greenfield said.

In Friday's ruling, the court made it clear it was specifically focusing on Los Angeles, where there aren't nearly enough homeless-shelter beds.

The judges ruled that the city can't ban people from sleeping on the streets in all parts of the city during all hours of the day because many simply don't have a choice.

In 1996, two judges from the same appellate court upheld Seattle's ordinance, rejecting a challenge that it violates freedom of speech or expression.

The City Council passed Seattle's law in 1993 amid protests and intense debate. It was one of several so-called civility laws drafted by then-City Attorney Mark Sidran aimed at curbing street behavior that many people found offensive. Others targeted public drinking, urinating and aggressive panhandling.

Under the ordinance, people sitting or lying on the sidewalk in commercial areas between 7 a.m. and 9 p.m. can first expect a warning. If they don't move, they may get a $50 ticket. Ignoring the ticket is a criminal offense.

Seattle police spokeswoman Debra Brown said it's fairly rare for officers to cite someone for snoozing on the sidewalk because when people are asked to move along, they generally do.

P-I reporter Tracy Johnson can be reached at 206-467-5942 or tracyjohnson@seattlepi.com.

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