Sidewalk big greeted with protest

The new law prohibits sitting down too long or lying down on Philadelphia sidewalks. With the controversial "sidewalk behavior" bill becoming law yesterday, several dozen people gathered outside City Hall for a press conference and rally in protest of the ordinance that critics say criminalizes homelessness. The American Civil Liberties Union also announced the filing of a class-action lawsuit against the City of Philadelphia and individual police officers who arrest homeless people for such now-prohibited acts as lying on the sidewalk, sitting too long in public places or "aggressively" panhandling. The law only affects the downtown area of Philadelphia. Police now have the authority to ticket the homeless for violating the law and resistance can lead to arrest. The rally was sponsored by two groups -- Project H.O.M.E. and the Open Door Coalition -- who have bitterly opposed the legislation since it was introduced in December 1997 by then-City Council President John Street. The bill was approved by the City Council after a highly contentious session in June. Yesterday's rally featured several distinguished speakers, all of whom challenged the ordinance and called for a special task force to monitor its application. "The emphasis [of the ordinance] is moving people along, scaring people and intimidating people," said Joseph Rogers, the executive director of the Mental Health Association of Southeast Pennsylvania. "We are going to do much work to monitor the situation." Sister Mary Scullion, executive director of Project H.O.M.E. -- which stands for Housing, Opportunities, Medical Care and Education -- echoed Rogers' concerns. "Do you see anything good about this ordinance?" she asked the crowd. "We have to come together and form a task force to monitor the implementation of this ordinance." But Kevin Feeley, a spokesperson for Philadelphia Mayor Ed Rendell, defended the ordinance and said that it could actually prove beneficial to Philadelphia's homeless population, noting that the bill also provides for counseling, drug or alcohol rehabilitation and shelter for the so-called "hard-core" homeless people, those who have resisted earlier efforts by the city to help them. "The city has committed to spend $5.6 million to try to provide an unprecedented level of service and care to these individuals, the 200 or so people who are most shelter resistant," Feeley said. "Treating them in a humane and rational manner -- that's what the law does." In an early version of the bill, all of Philadelphia would have been subject to its provisions. But Council member Jannie Blackwell, an opponent of the bill who represents West Philadelphia, requested that her district not be subject to the legislation. She later tried to get the University City area put back into the bill, but that amendment was denied. Critics pounced on the fact that the law is only being enforced in Center City -- evidence, they say, that the city is only doing this for public relations purposes. "I think the reason people are talking about Center City is because that is where the homeless hurt business and the city's image," said Penn Law Professor David Rudovsky, who is representing the ACLU in its lawsuit against the city. Rudovsky, who was greeted with a chorus of cheers and applause with the announcement of the suit during the rally, said the civil rights organization wants to stop the city from brushing the homeless under the rug. "Our concern is that the city is using the criminal part of the ordinance for sweeping the streets [of] the homeless," said Rudovsky, who is also representing the family of slain Wharton graduate student Shannon Schieber in its lawsuit against the city and the police. City Council member Angel Ortiz -- an opponent of the law -- took the podium briefly, emphasizing his disgust that the new law was taking effect the day after celebrations honoring Martin Luther King Jr. "Can you imagine what he would say about homeless living in the streets where the Constitution was drafted?" Ortiz asked. "He would be appalled at the City of Philadelphia." Following the conference, officials invited the audience to join them at the corner of 15th and Walnut streets, where protesters were camped out, as they had been since Monday. Though organizers warned that protesters could be arrested, none were as of yesterday evening, according to a spokesperson for the Philadelphia Police Department.