Berkeley remains split on sit-lie measure

http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=8846504

Supporters say the measure is needed to reduce the number of street people who loiter in front of businesses.

James Young, a partner at Paul's Shoe Repair at 2281 Shattuck Ave. in the heart of downtown Berkeley, said he thinks the people who congregate in front of his shop and the nearby Berkeley Public Library scare customers away and hurt business.

"It doesn't look good and people think twice about coming downtown to shop because they don't want to be bothered," Young said.

He said, "If panhandlers who hang out downtown keep moving along it's not bad, but if they stay in front of our store all day it's no good." Osha Neumann, an attorney with the East Bay Community Law Center who has long been active in Berkeley civic affairs, concedes that people who congregate in front of stores can be an annoyance, saying, "I don't deny the problem."

Neumann alleges that proponents of Measure S "are looking to blame those who are hurt the most economically" and "promise a lot and play on prejudices and moral panic."

The Berkeley community "should come together" to help the homeless and street people instead of arresting them, Neumann said.

In their ballot argument, proponents of the measure -- who include Mayor Tom Bates, Councilwoman Susan Wengraf and some business owners -- say street people "block sidewalks for hours at a time" and "create an unacceptable environment for the 'mom and pop' merchants who pay the taxes that fund the services, grow local jobs and make Berkeley a special place to live."

But opponents, including housing activists and City Council members Kriss Worthington, Jesse Arreguin and Max Anderson, say Measure S "sets a dangerous precedent, discriminating against an entire class of people who happen to be poor."

Violators would first be warned first, and if they do not stand up or move away, the police could cite them for an infraction and they would have to pay a $75 fine or do community service.

Those who repeat the violation within 30 days of the first citation could be charged with an infraction or a misdemeanor and could be jailed.