http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/16/BAPT1BITNH.DTL
C.W. Nevius
Saturday, January 16, 2010
For a while it seemed impossible to get people on Haight Street
motivated to do anything to improve the neighborhood. They were too
tired, too burned out and too discouraged.
Well they're motivated now. At a meeting Tuesday night, a raucous
crowd of some 50 people gathered to enthusiastically support crafting
a "sit/lie" ordinance that would allow police to move and cite
aggressive thugs who block the sidewalks and intimidate pedestrians.
Park Station police Capt. Teresa Barrett and Police Chief George
Gascón both back the plan, and the neighborhood feels empowered.
"After that meeting, this is going to go crazy," said Ted Loewenberg,
president of the Haight Ashbury Improvement Association. "These
people really want to do this."
No one is feeling the heat more than Ross Mirkarimi, the supervisor
who represents the Haight. Mirkarimi wants to keep his liberal
credentials intact, which would mean opposing a sit/lie law. But he
also has to face the discontent in his district.
Mirkarimi says he's taking a careful look at ramifications, but
longtime residents say he's just waffling. When his aide said at
Tuesday's meeting that the supervisor was "really looking" at
options, derisive laughter rippled through the crowd.
"It's painful that Ross has been AWOL on this," Loewenberg said. "I
like Ross, but he has to decide who he is going to roll on. Because
no matter which way he goes, he's going to roll on somebody."
Mirkarimi says he will call a meeting with representatives of the
offices of the district attorney, city attorney, judicial advocate,
mayor and Human Services Agency to work through the issues.
"The devil is in the detail and no one seems to agree on the legal
details," he said in an e-mail. "I am pushing for clarity. And as
I've . . . (said) . . . there is a valid need to blunt the incivility
and persistent low level crime in the Haight."
The harsh reality is that given the liberal makeup of the Board of
Supervisors, the chance of passing a sit/lie ordinance is
microscopic. If Mirkarimi carried this to the board, it would get
hammered by the liberal majority. He'd clearly rather someone else do it.
"Since it is doubtful that a new law like this would remain
segregated to one corridor (of the city) then it's appropriate that
the mayor introduces the legislation," he said.
But no matter who introduces it, and even if it gets clobbered by the
board, it isn't likely to end there. Residents are already talking
about getting signatures together for a ballot initiative.
If it comes to that, expect runaway hyperbole. There have already
been scary reports about ruthless roundups of the homeless. Mirkarimi
says he understood that Berkeley - which has had an ordinance against
lying on the sidewalk in place for a year - only allows officers to
"issue citations if there are no shelter beds available."
Not so, says Julie Sinai, chief of staff for Mayor Tom Bates.
"It says that you cannot lie on the sidewalk in a commercial area
between the hours of 7 a.m. and 10 p.m. on weekdays, and 10 a.m. to 6
p.m. on weekends," she said. "It has nothing to do with shelters."
For those who wonder why the current laws can't be effective, Barrett
reminds us of the reality. At present, police cannot take action
unless there is a citizen complaint. Haight has reached the point
where many residents are too intimidated to call the police. A
sit/lie law would make it possible for officers to take action on their own.
It might take some time to work out the details, but right now this
is an idea with momentum. Mirkarimi and others had better lead,
follow, or get out of the way.
"It's the community up in arms," said Barrett. "They've had enough."
--
C.W. Nevius' column appears on Tuesday, Thursday and Saturday. E-mail
him at cwnevius@sfchronicle.com.
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