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San Francisco County, CA November 2, 2010 Election
Proposition L
Sitting or Lying on Sidewalks
County of San Francisco

Ordinance - Majority Approval Required

Pass: 142601 / 54.3% Yes votes ...... 120023 / 45.7% No votes

See Also: Index of all Propositions

Information shown below: Summary | Fiscal Impact | Arguments |

Shall the City amend its Police Code to prohibit sitting or lying on a public sidewalk in San Francisco between 7 a.m. and 11 p.m., with certain exceptions?

Summary Prepared by The Ballot Simplification Committee:
The Way It Is Now: The San Francisco Police Code includes laws that prohibit certain conduct on public sidewalks. It does not specifically prohibit sitting or lying on sidewalks.

The Proposal: Proposition L would amend the Police Code to prohibit sitting or lying on a public sidewalk in San Francisco between 7 a.m. and 11 p.m.

The measure makes exceptions for:

  • medical emergencies;
  • people using wheelchairs, walkers or similar devices because of a disability;
  • lawful sidewalk businesses;
  • authorized parades, protests, festivals or similar events;
  • sitting on fixed chairs or benches supplied by a public agency or property owner;
  • customers sitting in line unless they block pedestrians;
  • children in strollers; and
  • Pavement to Parks projects.

Proposition L would require the police to warn offenders before citing them for violating this law. Penalties for violating the law would be:
  • For the first offense, a fine of $50-$100 and/or community service.
  • For a repeat offense within 24 hours of a citation, a fine of $300-$500, and/or community service, and/or up to 10 days in jail.
  • For a repeat offense within 120 days of a conviction, a fine of $400-$500, and/or community service, and/or up to 30 days in jail.

Proposition L would require the Police Department to make written reports to the Mayor and the Board of Supervisors about the effect of enforcing this prohibition. It would also require the City to have a neighborhood outreach plan to provide social services to people who chronically sit or lie on public sidewalks.

Fiscal Impact from The Controller of San Francisco:
City Controller Ben Rosenfield has issued the following statement on the fiscal impact of Proposition L:

Should the proposed ordinance be approved by the voters, in my opinion, it would not affect the cost of government.

 
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Arguments For Proposition L Arguments Against Proposition L
Civil Sidewalks: Yes on Prop L; No on Prop M

San Franciscans have asked their government to return civility to our city sidewalks.

Join us: Vote YES on L; NO on M.

Neighborhood merchants, residents, and disability advocates support Proposition L (Civil Sidewalks) to eliminate unnecessary hostility and confrontations by banning sitting and lying on sidewalks from 7 a.m. to 11 p.m.

The Board of Supervisors placed Proposition M on the ballot to override Proposition L if it passes. Vote YES on L; NO on M.

Proposition L is a response to confrontational individuals who block sidewalks for hours at a time throughout the city. Currently, someone may lie on the sidewalk and there is no authority to stop it, even in front of homes and businesses. Proposition L eliminates this legal loophole.

Prop L allows community police to issue warnings to people first. If warnings are ignored, penalties may be assessed. Our community police officers will train for Civil Sidewalks implementation, and will continue to notify our social service providers to assist those who need mental health or other social services.

Opponents say that existing law provides the authority to ask people to stand or move. That simply is not true. That's why the status quo continues despite unparalleled investments in our social safety net.

Since the Supervisors did not adopt this common-sense law, I have placed it on the ballot at the request of a broad coalition of residents, merchants, and disability activists. San Francisco is known for compassion and providing services to those in need. This tradition will continue. Vote Yes on L and No on M to afford everyone accessibility and civility on our sidewalks.

Mayor Gavin Newsom

U.S. Senator Dianne Feinstein

George Gascón, Chief of Police*

Supervisor Michela Alioto-Pier

Supervisor Carmen Chu

Supervisor Sean Elsbernd

  • For identification purposes only; author is signing as an individual and not on behalf of an organization.

Rebuttal to Arguments For
Vote NO on Prop L. Sit / Lie is an unnecessary infringement upon the right of San Franciscans to enjoy public space.

If an individual blocks passage on the street or entry to your home or business, the police may force his or her removal under current law. Top officials in the San Francisco Police Department confirmed this fact at public hearings on Sit / Lie at the Board of Supervisors.

If Prop L passes, it will be a crime for you to sit in a chair on the sidewalk in front of your house or apartment. San Francisco's streets and sidewalks make up 25% of the city's land area, more space than is found in all the city parks combined. If you sit down on a sidewalk and a police officer asks you to move, you must do so or risk citation and IMPRISONMENT for doing nothing more than sitting down.

Voting in favor of Prop L is volunteering to relinquish our right to enjoy public space without gaining a benefit. The police already have dozens of tools at their disposal to deal with individuals who are acting inappropriately on our sidewalks.

Don't let the police chief take away our right to enjoy public space especially since he can simply enforce the laws that already exist. Vote NO on Prop L.

Supervisors David Campos, Chris Daly, Bevan Dufty, Eric Mar, David Chiu, Sophie Maxwell, Ross Mirkarimi, Assemblymember Tom Ammiano, San Francisco Democratic Party, San Francisco Green Party, and the San Francisco Labor Council.

We all want to prevent harassment, assault, and obstruction of entry on our city streets. We must improve accountability measures when people engage in this conduct but Sit / Lie is not the solution.

There are already numerous laws that prohibit obstruction of sidewalks, aggressive pursuit, stalking, harassment, loitering, assault, and aggressive panhandling. These laws seek to address the actual behavior that is unsafe or a nuisance to San Francisco residents. The proponents of Sit / Lie fail to explain why enforcement of these laws is insufficient to address problematic behavior.

Instead Sit / Lie converts the innocent act of sitting or lying down into a crime. It gives broad discretion to city officials to arrest and prosecute anyone who happens to take a rest on a city sidewalk. Sit / Lie would turn everyday activities into a crime when the actor sits down - sitting on a lawn chair during a garage sale, certain forms of protest, or simply enjoying the fresh air. The law would disproportionately affect some of our most vulnerable residents including homeless individuals and day laborers who by necessity need to sit or lie down on our city sidewalks.

We cannot tolerate people abusing one another + we should work to address that behavior whether the person is committing the crime standing up or sitting down. But Sit / Lie is an unnecessary and overbroad law that infringes on our civil right to enjoy public space. Instead we must make greater use of community policing strategies, including foot patrols and community courts, to enforce laws that are designed to specifically address problematic behavior.

Supervisors David Campos, Chris Daly, Bevan Dufty, Eric Mar, David Chiu, Sophie Maxwell, the San Francisco Democratic Party and the San Francisco Green Party.

Rebuttal to Arguments Against
WARNING TO VOTERS: Prop M has a Poison Pill that will override Proposition L/Civil Sidewalks. Vote No on M.

What opponents to Yes on L/Civil Sidewalks don't tell you is that they placed Prop M on the ballot in a political ploy to OVERRIDE Yes on L/Civil Sidewalks. If Prop M receives more votes, your Yes on L vote is overridden.

That's wrong.

Those against Yes on L/Civil Sidewalks want you to believe that this law somehow violates civil rights.

That's untrue.

Similar laws have all passed judicial review. If Prop L works in Los Angeles, Berkeley, Santa Cruz, Seattle and other cities: why not here? Courts have ruled that cities have the right to regulate public sidewalks so that people can walk without being subjected to obstruction, harassment, and aggression.

Prop L promotes public space for everyone. It's not about homelessness. We have outreach teams of professionals now who engage people without homes every day, and that work continues. Prop L is about making sidewalks welcoming, accessible and safe for everyone.

Join the coalition of neighborhood merchants, residents, disability advocates, parents, and seniors in voting to return civility to our sidewalks. This grassroots coalition convened because the Board of Supervisors was against adopting this common sense law.

Vote Yes on L/Civil Sidewalks and protect your vote by voting No on M/Poison Pill.

Mayor Gavin Newsom

U.S. Senator Dianne Feinstein

George Gascón, Chief of Police*

Supervisor Michela Alioto-Pier

Supervisor Carmen Chu

Supervisor Sean Elsbernd

  • For identification purposes only; author is signing as an individual and not on behalf of an organization.


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