At a meeting on Sept. 16, the Albuquerque City Council decided to defer voting on a bill that would prohibit obstructing sidewalks, including with signs or banners.
Community members spoke against the bill — and held a protest two days after the meeting — citing potential negative impacts on the unhoused community and concerns about First Amendment rights. The bill will be held to a vote on Oct. 7.
Council bill O-24-42 is sponsored by City Councilor Joaquín Baca. He represents District 2, which encompasses Downtown and other parts of Albuquerque.
The bill aims to promote walkability in Downtown by “prohibiting the misuse of sidewalks,” as well as address vacant buildings and “dilapidated” commercial property, O-24-42 reads.
The “No Obstruction Zone” ordinance included in O-24-42 aims to “promote the safe and enjoyable use of pedestrian pathways by regulating sidewalks and footpaths,” according to the bill. The bill proposes a $100 fine or community service for obstructing the sidewalk or pedestrian footpath in a manner that is prohibited under the ordinance.
This prohibited conduct would include “sleeping, sitting, kneeling, crouching or lying down along or across the sidewalk, in a way that infringes upon lawful pedestrian use, unless due to a medical emergency,” according to the bill.
Before the council vote, there was over an hour of public comment, during which a majority of community members spoke against the “No Obstruction Zone” ordinance. They objected to the ordinance because of the impact it could have on the Downtown unhoused community.
Prior to public comment, Baca spoke about the bill to meeting attendees.
“Our most vulnerable neighbors are worthy of our compassion and our support,” Baca said. “But concentrated and visible homelessness hurts businesses and deters customers.”
Two days after the council meeting, community members marched Downtown from Robinson Park to Civic Plaza for a “Right to Rest” rally — initially planned before the bill was proposed.
Protesters chanted “Homes, not sweeps” and “It’s not a crime to not have a home.”
Under O-24-42, “carrying banners or signs, upon the sidewalk or footpath which actually causes an obstruction on the sidewalk or footpath,” would be prohibited.
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Legal director at the American Civil Liberties Union of New Mexico Maria Martinez Sanchez said this language prompts First Amendment concerns.
The current language in the bill “would make the city vulnerable to a legal challenge,” Martinez Sanchez said.
On Friday, Sept. 20, Baca told the Daily Lobo he plans to remove this portion of the bill. It was an oversight resulting from adopting similar policies from other United States cities, including Las Vegas, he said.
“We'll take that out, and we’ll explicitly say that you can exercise your First Amendment right,” Baca said.
James Freeman, director of homeless service provider HopeWorks New Mexico, spoke during public comment and attended the rally. Freeman said the City wants to send several unhoused people from Downtown to the Gateway West housing center 20 miles outside of Albuquerque.
“I actually stayed there for five months when I was homeless, and it’s not a kind place,” Freeman said.
Martinez Sanchez said Gateway West lacks resources unhoused people rely on. Baca said the City is trying to increase the services available at the shelter.
Ilse Biel, a community organizer, said she does direct outreach with the unhoused community.
“Most of the solutions that are offered are a brick-and-mortar little hole in a larger complex. People on the streets have their community. If they move into an apartment, they lose that street community,” Biel said.
Manuel Fernandez, an unhoused person who has been living on the streets of Downtown for 15 years, said he thinks there are more important things for the City to focus on — like getting treatment for the unhoused community. He has had two good friends die “trying to kick the blues,” he said.
“I can't believe they even let that much fentanyl get on our streets. They should focus on that stuff,” Fernandez said.
According to Fernandez, law enforcement already stops individuals from sleeping on the Downtown streets.
“They're harassing us. They wake you up at three in the morning. You’re asleep, and then they say ‘APD, Albuquerque Police Department’ and then make you move your tent,” Fernandez said.
He said he gets meals from a nearby church and from community members who share food at Robinson Park.
“There’s actually good people out here still, you know. They’ll go home and make burritos, spend their money and come and bring them to us,” Fernandez said.
Fernandez said he would like to see more access to water for his community. Public restrooms would also help "100%," he said.
"We’ve got to live here together. It’s a small world, and we're only here for a short period of time,” Fernandez said.
As decided by the deferral, council Vice President Renée Grout, who represents District 9, wrote in a statement to the Daily Lobo that the bill and proposed amendments will be voted on during the next city council meeting on Oct. 7.
“It's hard for me to imagine being able to support this one as it stands now,” Grout wrote.
Leila Chapa is the social media editor for the Daily Lobo. She can be reached at socialmedia@dailylobo.com or on X @lchapa06
Paloma Chapa is the multimedia editor for the Daily Lobo. She can be reached at multimedia@dailylobo.com or on X @paloma_chapa88
Paloma Chapa is the multimedia editor for the Daily Lobo. She can be reached at multimedia@dailylobo.com or on Twitter @paloma_chapa88
