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Montgomery council reviews ordinance to ban standing or soliciting in medians and rights of way
Summary
Council discussed a proposed amendment to Chapter 27 that would prohibit pedestrians from occupying medians and certain public rights of way, citing safety concerns; members debated enforcement, penalties and whether the measure would penalize people experiencing homelessness.
The Montgomery City Council discussed an ordinance amending Chapter 27 to add Article 6, which would prohibit “dangerous pedestrian conduct” in public rights of way, including medians and roadway areas where pedestrians impede traffic.
Council members said the measure is intended to reduce pedestrian injuries and traffic hazards. A council member described the proposal as “trying to figure out a way to address, pedestrians of any kind in our medians and right of ways,” and said it would cover “individuals fundraising, selling the newspapers” and other activities inside medians.
City staff and council members said police and school officials were consulted in drafting the ordinance. A council member said the city had discussed a similar effort about three years ago with the Southern Poverty Law Center and that the prior conversations focused on safety rather than punishment: “It was for the safety of the people in the road.”
The ordinance text discussed in the meeting calls for issuing a verbal warning before escalating enforcement; if a person does not comply, the conduct is designated a misdemeanor. Council members said they did not include a fine amount in the ordinance because the misdemeanor fine is established by state statute and would apply; one member summarized: “For a misdemeanor, it is established by state code, but our ordinance capping the fine still applies.”
Several council members raised concerns about how the rule would affect people experiencing homelessness. One council member asked explicitly whether the ordinance “is gonna penalize homeless people for asking you for a dollar?” Staff replied the restriction applies to anyone in medians or rights of way and does not change constitutional free-speech protections: “It doesn't prevent any of their right of speech.”
Council members cited recent local collisions as motivation for the measure. A council member said a pedestrian was struck recently and that the proposal seeks to make roadways safer for both drivers and people on foot. At least one speaker corrected an initial description of a specific incident, noting the person involved “was crossing the street. He was not in the street.”
No vote on the ordinance was recorded in the work session. Council members asked staff to confirm statutory penalties and enforcement details before the item advances.
The council indicated coordination with the Montgomery Police Department and Montgomery Public Schools during implementation planning and said they would continue to refine language and enforcement guidance before formal adoption.
