NEWS
Albuquerque City Council passes ban on sitting, sleeping on sidewalks
Problem areas to see additional police presence and street sweeps
Sitting, sleeping or lying on public sidewalks will soon be illegal in some parts of Albuquerque under a controversial ordinance passed by the City Council late Monday.
Opponents say the law unfairly targets people experiencing homelessness, while supporters say the law will clean up Albuquerque鈥檚 streets and bring back foot traffic to Downtown and Central Avenue.
鈥淭his helps us clean up our house,鈥 said real estate developer Adam Silverman during public comment. 鈥淩ight now we can鈥檛 invite guests because the house is messy.鈥
The Enhanced Service and Safety Zone Ordinance, which passed on a 6-3 vote, allows the mayor to create designated areas for police and city sanitation workers to patrol more frequently. It also gives police the ability to issue a $500 fine or 30 days of jail time to anyone sitting, sleeping or lying on a public sidewalk in those zones after a written warning is ignored.
This ordinance marks a renewed effort to crack down on homelessness using law enforcement, a tactic that has landed the city in legal trouble in the past. It also comes as the city faces an ongoing lawsuit before the Second Judicial District Court in which homeless plaintiffs argue that the city鈥檚 enforcement of public camping laws constitutes 鈥渃ruel and unusual punishment.鈥
Councilors Ren茅e Grout, Brook Bassan, Dan Lewis, Dan Champine, Klarissa Pe帽a and Joaqu铆n Baca all voted for the ordinance. Newly elected Councilor Stephanie Telles, as well as Councilors Tammy Fiebelkorn and Nichole Rogers, voted against the ordinance and, while outnumbered, proposed numerous failed amendments in attempts to soften the law.
Councilor Fiebelkorn did persuade opposing councilors to add a written warning requirement as a prerequisite for enforcement,
For and against
David Ellis is one of nearly 3,000 people living on Albuquerque鈥檚 streets.
Ellis can often be found sitting on a curb around Downtown with a pit bull puppy named Cuddles in his lap and a stroller full of belongings by his side. This day-to-day activity will be criminalized if the mayor designates that area as an 鈥渆nhanced safety zone.鈥
鈥淲e鈥檙e talking about discrimination,鈥 Ellis said during the meeting鈥檚 public comment. 鈥淲e're talking about setting rules for a class of individuals because of their social status and that is discrimination all the way across the board.鈥
Ellis is just one of many people to criticize the city鈥檚 approach to homelessness.
Telles called the ordinance the "easiest" but 鈥渓east effective solution.鈥
According to a Journal poll, Albuquerque voters consider homelessness to be the city鈥檚 second biggest issue, just below crime. But how to address the issue is much less certain.
Multiple public commenters said the ordinance will only make conditions worse for those on the street and discourage people from engaging with city shelter and housing resources. Meanwhile, others noted that the city already runs additional patrols in areas where homeless people gather in greater numbers like East Central.
鈥淭hese laws are on the books already,鈥 said public commenter Marceline Kostiner. 鈥淵ou鈥檙e sweeping every single day. This is actively happening. Do you really think more enforcement is actually going to fix this?鈥
Such criticisms go back nearly a decade.
In 2017, the city was accused of causing overcrowding at the Metropolitan Detention Center by conducting routine encampment sweeps of what the Albuquerque Police Department called the 鈥渉omeless mentally ill.鈥
That legal fight ended in a settlement, which the city tried to dismiss in March. In response, the plaintiff鈥檚 attorneys argued that the city, rather than fulfilling its end of the bargain, had actually 鈥渢urned back the clock鈥 and resumed pre-settlement strategies to reduce visible homelessness.
According to court filings, the number of people identified as 鈥渢ransient鈥 in MDC jumped from 3,670 throughout 2022 to nearly 12,000 last year. Additionally, charges for misdemeanor sidewalk obstruction have increased. Last year, 1,256 people were charged with sidewalk obstruction misdemeanors; which is nearly six times the number of cases from the previous eight years combined.
Despite mounting court challenges, Albuquerque Police Department officials don鈥檛 see the ordinance as being in conflict with the settlement terms.
鈥淭he city has a comprehensive encampment response policy that includes outreach and supportive services,鈥 said APD spokesperson Franchesca Perdue. 鈥淧rior to arrest, individuals are provided outreach, warnings and are issued citations. Additionally, we are in compliance with the McClendon settlement and this new ordinance, which is limited to specific locations, will not impact our ability to comply.鈥
Baca, the bill鈥檚 sponsor, defended the ordinance as a necessary step to bring back business and a sense of safety to his district.
鈥淎 lot of folks think that this is an anti-housing bill, which I disagree with vehemently,鈥 Baca said. 鈥淭his is about businesses, community, access to food 鈥 we already lost a pharmacy Downtown.鈥
The city has spent millions to provide options for people experiencing homelessness, from the Gateway shelters to funding Albuquerque Community Safety, Baca said. But that alone isn鈥檛 working.
鈥淭here鈥檚 no lack of compassion,鈥 Baca said. 鈥淭he lack of compassion is indifference by letting people just sit out there while we do nothing; letting them eat through garbage cans, letting them do drugs, letting them suffer and commit slow suicide.鈥
Downtown business owner Zane Vigil agreed, waiting in the packed chambers for a vote he believes will make his daily life a little easier.
鈥淓very morning I have to pick up feces in the parking lot because somehow that鈥檚 compassion,鈥 Vigil said during public comment. 鈥淎nd so while I can see other people's perspectives, I have a 2-year-old and a wife and I would love to be able to take them Downtown and feel like that's safe.鈥
Vigil owns Catalyst Cowork on Second and Central, a coworking space for remote workers, entrepreneurs and freelancers. Multiple times a day, Vigil said he escorts women from the office to their cars because they don鈥檛 feel safe to walk alone Downtown.
Vigil routinely picks up feces and bought a hazmat-like suit to wear while power-washing urine off the sidewalk in front of his business.
鈥淚 want people to be proud to live and work Downtown,鈥 Vigil said. 鈥淏ut right now that's not what鈥檚 happening.鈥
What鈥檚 next
With the ordinance approved by the City Council, Mayor Tim Keller will be responsible for next steps. First, he must sign the ordinance; next, the administration will pick out problem areas around the city and justify imposing the new law there.
To be eligible, the area must be a concentrated commercial center, like Downtown, Uptown or Nob Hill. It also must have a documented high crime rate compared to the rest of the city and 鈥渞ecurring issues鈥 with public camping or people living on the sidewalks.
The administration must submit a detailed plan to the City Council for approval, including the boundaries of the enhanced safety zone, evidence that the area meets the criteria and how the city plans to pay for it.
While city leaders work out the finer details, the day-to-day uncertainty will continue for people like Ellis.
Gillian Barkhurst is the local government reporter for the Journal. She can be reached at gbarkhurst@abqjournal.com.