ALBUQUERQUE, N.M. — Will it be illegal to sit, lie or sleep on Albuquerque sidewalks? That’s the question a lot of neighbors are asking after city council passed an ordinance last week addressing the issue.
Since then, more than 700 people have signed a petition asking Mayor Tim Keller to veto it. But the city councilor who brought the bill forward says people are just misunderstanding it.
District 2 Councilor Joaquín Baca sponsored the bill. He says the goal is to make Albuquerque safer. But critics say the ordinance specifically targets our homeless population and criminalizes poverty.
“Every time the city wants to clean up, it becomes cleaning up humans and that goes to our class of individuals, which is completely discriminatory, completely a violation of rights,” David Ellis said.
But for people like David Ellis, who are currently experiencing homelessness, he feels targeted.
“We have to start looking at the demographics of what’s causing the problem, rather than, let’s go after the homeless people,” he said.
What is O-26-14 or the Enhanced Service and Safety Zone Ordinance?
According to Baca, the ordinance alone just creates the ability to create these safety zones.
“This is saying the mayor is allowed to designate areas of the city that he deems require extra support to make them safer,” Baca said.
Within that designated zone, police, Albuquerque Community Safety or city sanitation workers would patrol those areas more frequently. It would also make it illegal to sit, sleep or lie on public sidewalks, roads, bike path or alleys if someone is blocking them.
“It’s not just sit, sleep or lie. Let’s be clear. There’s a lot of criteria in there, are a lot of safety checks. It expires after two years if it isn’t renewed,” Baca said.
Baca said it’s up to Mayor Keller to designate the specific areas but even if he does, it would need city council approval.
The councilor said he would want to designate downtown for district two, but he would want the mayor to work with the other councilors individually to determine what areas they need more support in.
Those zones would give police the ability to warn, fine or send people to jail if they are violating the ordinance.
“This gives APD the tool to say, ‘You know what? You don’t have to go home, and we can get you right—we can get you help. But if you don’t want either of those, then there’s going to be consequences,” Baca said.
He also said the bill doesn’t just target the unhoused but rather safety as a whole, like tackling juvenile crime.
“A lot of folks were just completely ignoring all the other safety aspects, like…all the shootings that have been taking place, or the food deserts that have been created, or the lack of access to health care because of what’s been happening,” Baca said.
Petition for Mayor Keller to veto O-26-14
For members with NM Stronger Together Coalition, this ordinance hurts more than it helps.
“It doubles down on the same strategies that we have been investing in that do not work, that harm the homeless and then actually make their fall into the streets and addiction and mental illness worse,” Alex Uballez said.
“It’s written very broadly so that pretty much anybody sitting, standing, lying down, just in the public way, could potentially be cited, fined and maybe even arrested,” Joe Cardillo said.
The coalition formed a petition last week in an efofrt to get Mayor Keller to veto the ordinance.
“What we are asking for is that we don’t double down on these same failed strategies,” Uballez said.
Keller’s office told KOB 4 they are still reviewing the legislation but that it will become law regardless as it passed with “veto-proof” majority. But Uballez says that’s an oversimplification.
“[Keller] told the news media last week, when they reached out to him, it passed with a veto proof majority? There’s nothing he can do. This is an oversimplification,” Uballez continued. “Even if it goes to him with a nine-zero [vote], he has the right to veto it, and on his veto, it goes back to Council, where they can reconsider.”
Baca, however, doesn’t think he will veto the ordinance.
“I don’t think he’s gonna veto, because this ordinance was something I didn’t work on it by myself. I worked with councilors, city councilors in Denver, in Tucson, the mayor’s team,” Baca said.
Ellis hopes they reconsider.
“Just remember that your neighbors are your neighbors and they’re human,” he said.
The next council meeting is May 18. Several residents are expected to speak up against the ordinance again.
