Sidewalk Sitters In Seattle Poked By Appeals Court

Seattle’s ban on sitting or lying down on sidewalks in commercial areas between 7 a.m. and 9 p.m. was upheld Monday by a federal appeals court.

The ordinance, although aimed at panhandlers, does not expressly forbid begging or any other expressive conduct and therefore does not violate freedom of speech, the 9th U.S. Circuit Court of Appeals said in a 2-1 ruling.

Neither sitting nor lying on the sidewalk “is integral to, or commonly associated with, expression,” said the opinion by Judge Alex Kozinski.

Dissenting Judge Harry Pregerson said the ordinance was an unconstitutional attempt to rid the city of “social undesirables … to protect the sensibilities of shoppers.”

“The homeless and their advocates are deprived of the effective use of these sidewalks that are key locations for soliciting alms and making known the plight of the downtrodden,” Pregerson said.

The ruling, if it survives further appeals, could have a broad effect in the nine-state circuit, the site of numerous legal challenges to anti-panhandling ordinances.

A similar ordinance in Berkeley, Calif., has been blocked by a federal judge on free-speech grounds.

The Seattle ordinance took effect in 1994.

It prohibits sitting or lying on a public sidewalk, or on a blanket or other object placed on a sidewalk, between 7 a.m. and 9 p.m. in the downtown zone and other commercial zones.

Exceptions are provided for medical emergencies, wheelchairs, licensed street vendors and city-approved parades and political rallies.

The ordinance was challenged by homeless people and their advocates, social service providers, a voter registrar, a street musician and various social and political groups, including the National Organization for Women.

They argued that sitting or lying on the sidewalk was a form of expression.

U.S. District Judge Barbara Rothstein upheld the ordinance and was affirmed by the appeals court. Kozinski was joined in the majority by Judge Edward Leavy.