Fayetteville council approves ordinance banning obstruction of streets and sidewalks after heated debate over impacts on people experiencing homelessness

FAYETTEVILLE, N.C. — The Fayetteville City Council on April 28 adopted an ordinance that makes it unlawful to impede the flow of traffic in a street or to block a sidewalk, a measure council members said fills a gap in city code but that residents and some councilors warned could punish people living outdoors without offering alternatives.

The city attorney told council the ordinance was new and would “make it unlawful for individuals to impede the flow of traffic in the street, as well as to block a sidewalk.” The ordinance was set with a proposed effective date of May 26, 2025.

Supporters said the provision addresses public safety and mobility problems. Opponents, including Councilmember Benavente, argued the city should link enforcement to services for homeless residents. “When I think of the needs of our, most vulnerable communities, our unhoused community, we should be thinking of ways to find appropriate transitional housing and eventually permanent housing for them,” Benavente said during debate. “If we can start to help folks before we have to hurt folks, that’s gonna be my interest.”

Councilmember McNair asked whether the ordinance could require officers to issue warnings or connect people to resources before citations; the city attorney said that would require an amendment. A motion to remand the measure back to staff so that council could add required warning language failed for lack of a second.

Councilmember Thompson moved to approve the ordinance; Councilmember Davis seconded. The motion passed 7-3. City staff said the proposed effective date is May 26, 2025 and that the city will work with marketing and communications to run a public education campaign ahead of enforcement.

Why it matters: Council members and advocates said sidewalks and narrow city streets are being rendered “unreasonably difficult” by living arrangements and encampments in some locations, presenting safety concerns for people using mobility aids and for vehicle traffic. Opponents said enforcement without clearly available overnight shelter or warning processes risks criminalizing homelessness rather than addressing root causes.

What’s next: Council signaled it could return to refine the ordinance language, but voted to adopt the measure as written. The city manager and attorney said staff will prepare outreach materials explaining the rule and the May 26 effective date; any future requirement for warnings or referrals would need a council amendment.

Context and scope: Council debated the ordinance in the context of related items: the city’s day resource center operations, the recent closure of a Salvation Army shelter offering overnight space, and ongoing work by the city’s Homelessness and Mental Health Committee to expand shelter options. Several members emphasized that enforcement and social services need to operate together.

Quotes (selected): “The ordinance makes it unlawful for individuals to impede the flow of traffic in the street, as well as to block a sidewalk,” — City Attorney. “When I think of the needs of our, most vulnerable communities, our unhoused community, we should be thinking of ways to find appropriate transitional housing and eventually permanent housing for them,” — Councilmember Francisco Benavente. “We could very easily capture that if…you have people. I had a disabled gentleman on Ramsey Street that the sidewalks were blocked that rides in his automatic chair…that rides with his auto chair in the middle of a 6 lane, most busiest highway in the city,” — Mayor Mitch Colvin.

Ending: The ordinance creates a citywide prohibition on obstructing streets and sidewalks, with a May 26, 2025 effective date and a council-led commitment to public education. Council members who opposed the ordinance said they will continue advocating for more shelter capacity and a formal warning/referral process; supporters said the code change fills a longstanding enforcement gap tied to public safety and accessibility.