[MissoulaGov] panhandling ordinance

[Jim Lang]

I prefer to lurk, but as someone who did spend several years homeless,
there was one part of the Pedestrian Interference Ordinance that really
needs comment.

"It is unlawful for any person to lay or sleep upon any street, sidewalk
or other public right-of-way
within the city limits."

This seems overly broad.  According to Section 1:

"The purpose of this chapter is to protect the health, safety and
welfare of the citizens
of and visitors to the city by prohibiting acts of aggression or
interference towards pedestrians. This
includes prohibiting pedestrian interference involving actions that
intentionally obstruct pedestrian
passage on public bridges, streets, sidewalks, parks and other publicly
held or owned lands."

Simply laying on a sidewalk is certainly not an act of aggression, and
while it may (or may not) be obstructive, it is unlikely to be
intentionally obstructive.

And the sleeping ban...  again, if a sleeping person is not obstructing
the right of way, are pedestrians being interfered with?  This seems
more like it is protecting pedestrians from seeing the plight of a
homeless person than it is protecting pedestrians from some sort of
interference.

Jim Lang