O
n Sept. 6, the Bend City Council unanimously approved a motion, that at first glance, might seem rather innocuous. The council moved to amend Bend Code 6.15, clearing up the language around the obstruction of public ways. The issue centers largely around the Breezeway, that tunnel-like thoroughfare connecting Mirror Pond Plaza with Wall Street at Minnesota in downtown Bend.
It’s where people can sometimes be found lingering or sitting, ostensibly because the Breezeway offers more protection from sun, rain and other elements. The change to Bend Code 6.15 establishes and/or clarifies a standard, in line with the tenets of the Americans with Disabilities Act, requiring that “a 6 foot accessible passageway must be maintained on all public ways.”
Basically, it means that if someone is sitting on the sidewalk or in the Breezeway and there’s less than 6 feet of space for people to move through, law enforcement can ask the person to move (or otherwise comply with the 6-foot rule). The next step: issuing a citation, much like a parking ticket. Thus far, it’s not clear how long a person might have between that initial request and the citation.
Does this seem like an attempt by the city council to kick someone while he’s down? It did to us—especially when you consider Mayor Casey Roats’ statement at the council meeting, in which he said: “It’s the belligerent folks causing issues, not the nice old man who has fallen in hard times, minding his own business.” Because if someone has fallen on hard times, they’re also required to be “nice,” apparently.
“If we think about what we’re spending right now on law enforcement and medical care and sticking people in the ERs, it’s far less than what we (could spend, offering housing and medical support for the homeless),” – Nathan Boddie
The revised ordinance has some ugly implications. It’s essentially a half-step from “sit-lie” ordinances, adopted and eventually ended in cities including Portland and Honolulu, after vehement opposition by human rights proponents who claimed the ordinances were an attack on homeless people and vagrants, and an attempt to criminalize homelessness.
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roponents of “sit-lie” ordinances in those cities—much like the tack taken here in Bend—say they’re necessary to keep the sidewalks clear. Like Bend, people behind these ordinances elsewhere have relied on ADA standards to make their cases.
We tend to agree with the anti-sit-lie camp. Homelessness is not a crime. Sitting on the sidewalk is not a crime—and while people with limited mobility deserve the access and freedom of movement that others enjoy, this issue is not tied to concerns for the disability community. It is about a community facing the reality of becoming a larger town with a larger share of homelessness and vagrancy. You can’t kick this issue down the road.
The answer to the problem of “belligerent” people impacting the experience of other Bendites (and visitors) does not lie in issuing tickets to people who arguably will not or cannot pay them. It lies in offering additional support to people who are struggling. When we asked City Councilor Nathan Boddie—who also voted in favor of the recent amendment to the ordinance—he agreed that the ultimate solution is not a “kick it down the road” mentality. Instead, it’s about investing in support.
“If we think about what we’re spending right now on law enforcement and medical care and sticking people in the ERs, it’s far less than what we (could spend, offering housing and medical support for the homeless),” Boddie said.
“One of the things that we’re recognizing in health care increasingly is the treatment for diabetes is insulin, but you know, the treatment for diabetes is also stable housing, food security and things like that. This is actually how we prevent the person from being on the street or prevent the disease from getting out of control,” – Nathan Boddie
“One of the things that we’re recognizing in health care increasingly is the treatment for diabetes is insulin, but you know, the treatment for diabetes is also stable housing, food security and things like that. This is actually how we prevent the person from being on the street or prevent the disease from getting out of control,” Boddie said.
There is not an easy solution that’s going to make strolls downtown safer or a simple solution about how to manage the relationship between downtown and its transient population. However, it is worth paying attention to seemingly innocuous moves that can have wider implications in aggravating a growing problem. Homelessness is a symptom of the bigger issue of economic inequality, and we will need to work more vigorously as a community on the issue or, we’ll be kicking this can long and far.
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Sally Pfeifer
This article appears in Sep 20-27, 2017.
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Good piece. Just want to point out, however, that sit-lie ordinances were not in fact eventually ended in Honolulu. They have continued, with a series of bills incrementally expanding the sit-lie prohibition zones and street segments. See http://www.civilbeat.org/2017/08/is-honolulu-at-legal-risk-as-more-areas-put-off-limits-to-the-homeless/.
Perfectly said. Instead of following the model of other cities that–at the very least–set up sanctioned areas for overnight parking and locations for longer term residency for the houseless, Bend–shamefully–choses to crack down. Despite the much heralded new economy, with its record breaking Dow Jones, I am noticing am alarming increase in homelessness in the areas I most frequent: the I-5, and Highway 97 and 101 corridors. Greg Walden’s Congressional District continues to have high levels of poverty and food insecurity. The unequal society is upon us. City governments have often been called the laboratories of democracy, but how sad to see Bend follow the example of governance by heartlessness now championed in Washington, DC.
Its absolutely ASTOUNDING that the Bend city coucil all of a sudden cares about the ADA. After decades of abdicating their authority and mandate to comply with the ADA they now use it as a weapon against the poor, homeless and disabled living on the streets.
WHAT A VILE DISGUSTING group of people!!!!
I think bend just opened themselves up to a serious ADA lawsuit, now just watch as the ADA people go around the city with a 6ft pole taking pictures of every sidewalk obstruction in downtown. Becasue you cant tell me there are not spots all over downtown and other parts of the city that dont comply with that rule. Remember that mysterious electrical transformer box?
I appreciate your post, however, I think it is unbalanced and inaccurate. Yes, we absolutely should not make homelessness a crime and we need to help those less fortunate in our community. I agree, and I am proud that Bend has a plethora of resources for our homeless community. A homeless person in our community will not go without. Bend gives, and it gives generously. If you don’t know about all the resources available, I suggest that you do your research, and then give to the organization that resonates with you.
It is actually inaccurate for you to call any and all people you see on the street corner or bench homeless or think that they are down on their luck. My experience is that there are two types of people in this situation. One is the person who is down on their luck or possibly struggling with mental illness or hardship. These people use generally use the services that Bend provides, and they usually take advantage of all the help that is offered by our community.
The second type of person is what I call an ‘urban camper’. This person does WANTS to be on the street, wants to make money by begging, enjoys the camp they live in, and loves the culture of this lifestyle. These people generally do not take advantage of all the services offered by our community because they don’t want to. It’s not a part of their culture. If you don’t believe me, go downtown and engage in conversation with some of the people there. I met a man (who looked homeless and down on his luck) but who told me about how he quit his job a Costco so that he could lead this homeless lifestyle. It was his choice, and he loved it. So, I caution you to not group everyone who seems homeless into the same classification.
I also think that in a fair and equal society, we protect everyones rights, not just one group of people. In this situation, there are two obvious groups of people who need to be advocated for as much as the homeless. One is people in wheelchairs, and other is the merchant. I have a wonderful friend who was in a rock climbing accident about 8 years ago, and she often has trouble downtown when people (and their things) are sprawled on the sidewalk (especially on Bond street where caf seating doesnt allow for extra hanging out space on the sidewalk). The merchants have to pay the City of Bend to have a sign on the sidewalk or seating on the sidewalk, even Downtown vendors have to rent the sidewalk space. Between rented sidewalk space and ADA accessibility, some places there is no room for people to be begging. That is something I think it is fair for us to ask both the homeless and the urban campers to respect. Asking them to respect this is fair to all.
The other group that needs to be advocated for is the merchants. How many of you know a person or a family who owns a business in Downtown Bend? These are hard-working people putting their blood, sweat, and tears into their business to pay their mortgages, feed their kids, and hope to have enough money to send them to college. I think is it completely reasonable for a merchant not to have a person sleeping in front of the door to their business. I think it is completely reasonable for a merchant not to have someone camped in front of their business yelling at people who pass by. I want to support local families building businesses in our community. This helps to grow our community strong. If we dont protect our merchant families and their rights, families in our community (and our community at large) will suffer. Asking a homeless person to respect that a merchant needs to be able to have people enter their business in a safe and clean area is rational and equitable. I think that we can advocate for homeless, and for merchants AT THE SAME TIME.
As I said previously, I want to live in a City that protects and supports everyone, not just one group of people. I hope you will join me in fighting for the rights of our homeless, of our disabled, and of our local merchants.