After Ore. Judge Nixes Law Against Sidewalk-Sitting, Cops Try New Tactics

After an Oregon state-court judge ruled in June that a Portland ordinance banning individuals from sitting or lying on the sidewalk was unconstitutional, authorities are reportedly trying new tactics to attempt to keep vagrants and the homeless from disturbing the city's more upscale shoppers and pedestrians.

In a sting operation yesterday, four plainclothes city police officers peer through binoculars from a second-story city business at those outside on the sidewalk below. Within half an hour they spot several transient youths littering and pounce, reports the Oregonian.

Radioing down to other officers on the street, they describe the youths to be arrested and hauled off to jail, at least one of them for "offensive littering," according to the newspaper. Violating a rule against public spitting is also likely to be strictly enforced--for those in the targeted cohort, anyway.

The cure at least arguably is worse than the disease: Under the sit-lie ordinance, violators simply were ticketed or just urged to move along, the newspaper article indicates. But business owners are complaining that loitering and disorderly conduct are a significant problem, and, among those arrested during the 30-minute undercover operation yesterday, two men had outstanding warrants and were in possession of illegal drugs, police say.

However, the aggressive enforcement of public nuisance ordinances can seem like overkill to police, too: "It's been very frustrating for us. The ordinance gave us a low-level effective tool to mitigate the behavior," says Central Precinct Cmdr. Mike Reese of the invalidated sit-lie prohibition. "Now, it's like driving a thumbtack with a sledgehammer."

Earlier coverage:

Oregonian: "Fight to end homelessness, but lose sit-lie"

Oregonian: "Sit-lie' controversy casts eye on homeless"