The Tucson City Council moved forward on changes to the city sidewalk ordinances, including a proposal to set size limits on stuff that can be stored on the sidewalk.
The discussion prompted Councilwoman Karin Uhlich to ask whether police officers would carry measuring tapes to check the sizes of homeless people’s possessions.
And it led Councilman Steve Kozachik to ask whether the city is opening itself to new legal challenges because rules about the sizes of things on sidewalks apply mainly to homeless people.
The proposed changes are the city’s latest attempt to regulate homeless camps after a large encampment with person-sized plywood boxes and dome tents took over downtown city sidewalks earlier this year.
The organizers of that camp, dubbed Safe Park, sued the city over their policy that people could keep only a backpack, bedroll and beverage on the sidewalk. The outcome of the lawsuit over the so-called 3B policy is pending in the Ninth Circuit Court of Appeals.
The proposed changes to the sidewalk policy include setting “objective, measurable criteria of what constitutes an obstruction” of the sidewalk, regardless of a person’s status, said City Attorney Mike Rankin.
The council previously discussed a limit of 3 cubic feet but left that number blank in the latest draft.
People would have to keep their belongings at least 5 feet back from the curb and wouldn’t be allowed to store their stuff at a park when it’s closed.
Additionally, charity groups that want to hand out food on the sidewalks would have to apply for a free permit.
Uhlich said the city is trying to address homelessness and also the impacts of the homeless on the broader community.
Restricting the faith-based community’s ability to reach out to the homeless doesn’t solve either problem, she said. The council agreed to further discuss the permit issue.
Kozachik said the city has to find a balance between the interests of downtown businesses and the interests of the homeless.
The discussion will continue at a Nov. 19 work session and at the Dec. 8 council meeting.
