TEMPE

Tempe anti-sitting ordinance sparks group sit-in on Mill Avenue

Chris Coppola
The Republic | azcentral.com
Protesters plan to gather in downtown Tempe on April 29, 2016, to protest the city's new sidewalk law.

A social-media-driven group opposed to a new law that makes it illegal to sit or lie on downtown Tempe sidewalks is organizing a "sit-in'' along Mill Avenue on Friday evening as a show of solidarity with people living on the streets.

The group had more than 100 people planning to participate as of Tuesday, according to a Facebook page, "Sit on Mill Avenue — Protest Sit/Lie Ordinance.'' The group does not intend to create a disruption, but instead hopes to reach out and distribute needed items to the dozens of people who sit along Mill Avenue said Charlotte Willenzik,  a 25-year-old Tempe resident who has helped organize the effort. Ultimately, the protesters would like to see the law repealed, she said.

"Our goal as a movement is to stand up for basic human rights and to protest against the criminalization of poverty and homelessness,'' Willenzik told TheRepublic. "Our objective is not only to get the ordinance repealed but also to get more resources for the homeless citizens of Tempe."

The Tempe City Council adopted the ordinance April 14, and it takes effect May 14. It applies to downtown Tempe, making it illegal to sit or lie on the sidewalk or on any object — such as a blanket or chair — that is not permanently affixed to the ground. It makes exceptions for medical emergencies, people with disabilities and people attending a lawful event such as a parade, festival, demonstration or event sponsored by a nearby business.

City officials say police first will inform a sidewalk sitter about the law and ask him or her to move. If the person does not comply after a reasonable amount of time — at the discretion of police — officers could cite the individual with a ticket of up to $100 for a first offense. It will be in effect from 7 a.m. to 10 p.m. Monday through Thursday and 7 a.m. to 2:30 a.m. Friday through Sunday. The ordinance specifies that a person cannot be cited simply for being homeless.

The council adopted the law after numerous complaints from businesses along Mill Avenue that said people sitting or lying on the sidewalks throughout the day were hurting their businesses. Many of the people who camp along the sidewalks are homeless people in their teens or 20s.

"We will try not to be terribly disruptive, but instead try to get people talking about the lack of resources these people have,'' said Wes Wisner, 24, another organizer and former Tempe resident who now lives in Prescott.

Willenzik said for her, the effort is personal. As a teen she lived on the streets in California, where she struggled with drug addiction. Her addiction continued when she came to the Valley, she said, and culminated with her arrest in early 2013 in connection with robberies at two Valley banks and drug-related charges, according to court records. She pleaded guilty to a single theft count and one drug-related charge, records show. Since being released from prison in 2014,  Willenzek said, she has stayed clean and worked to find new direction in her life.

"I know how hard it is to be homeless, addicted, and helpless and I need to use my experience to help others,'' she said.

In advance of the protest, Willenzik said, she met with Tempe Councilwoman Lauren Kuby to discuss the group's plans.

Kuby, one of two council members who voted against the ordinance, said she appreciated the group's effort and encouraged members to connect with city agencies that help people who live on the streets.

“I'm not going to participate in that (sit-in); I respect the will of the council on this,'' Kuby said. She added that she is exploring options for increasing city funding to local agencies that support outreach to people who are homeless.

The sit-in group plans to gather at Tempe Beach Park at 8 p.m. Friday and go to Mill Avenue from there. As part of the effort, the organizers started an online fundraising campaign at gofundme.com/right2sit  to purchase water, hygiene supplies and clothes for people who are homeless along Mill Avenue. As of Wednesday, $300 had been raised. The group said it intends to post all receipts to show how the money is used.

Tempe spokeswoman Nikki Ripley said city officials are aware of the group's effort.

"Today and when the ordinance takes effect, protests/demonstrations on sidewalks are permitted,'' she said via email. "Tempe police will be staffing the downtown area, as they always do, and will be there to ensure that protesters and their First Amendment rights are protected."

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Vanessa Eley and Austin Webber panhandle on a sidewalk in downtown Tempe on Feb. 23, 2016. A new law makes it illegal to sit or lie on city sidewalks.