Board approves rules for Jane Warner and Harvey Milk plazas after amendment battle

The San Francisco Board of Supervisors on the afternoon of a January 2012 meeting approved an ordinance establishing regulations for Jane Warner Plaza and Harvey Milk Plaza, a measure supporters said would provide basic rules for the two small public spaces and opponents said risked restricting vulnerable people.

The ordinance, as amended, requires the plazas to remain open 24 hours a day, applies the parks code’s sleeping and camping prohibitions to the two plazas by referencing sections 3.12 and 3.13, requires permits for merchandise sales (with printed material exempt), prohibits smoking consistent with other public-space rules, and allows the Castro Upper Market Community Benefit District and similar neighborhood organizations to place movable chairs and tables from 9 a.m. to 9 p.m. The board voted 6–5 to approve the item on first reading.

The proposal’s sponsor, Supervisor Wiener, described the legislation as “modest, and basic legislation to fill in a gap in the law and to put some limited and needed rules in place in two of the most important public spaces,” and said the goal was to ensure the plazas are “usable by everyone.” Wiener also said the measure would prohibit camping and sleeping in the plazas and would require permits for those selling merchandise, while exempting printed material.

President Chu and Wiener offered and accepted multiple amendments during the debate. One amendment explicitly imported sections 3.12 and 3.13 of the parks code to govern sleeping and camping in the plazas; another clarified that movable chairs and tables placed by a neighborhood organization may be out from 9 a.m. to 9 p.m., while individuals remain free to bring their own chairs. The board also considered a separate amendment to strike a provision that would have prohibited large four‑wheeled conveyances (for example, shopping carts). President Chu moved that provision out, and the board approved that amendment by voice roll call, 7 ayes to 4 noes, removing the ban on large wheeled conveyances from the ordinance.

Opponents raised civil‑liberties and equity concerns during the debate. Supervisor Campos said he was “not in a position today to support this” despite acknowledging the sponsor’s efforts, citing questions about whether the ordinance constituted a permissible time, place and manner restriction on speech and whether existing laws already covered the conduct. Supervisor Olague and others said they feared the law could harm homeless and low‑income residents, including queer youth who have used the plazas as gathering places.

Supporters, including Wiener and President Chu, said the changes addressed many civil‑liberties concerns raised by the ACLU and neighborhood advocates. Wiener said the permit language for merchandise was modeled on existing parks code provisions and that, with the amendments, the ordinance would be “much more liberal than what we already have in our parks code.” President Chu said the ordinance was a “modest piece of legislation” that largely reiterated existing park rules and would give the Department of Public Works authority to help enforce plaza rules instead of relying solely on the police department.

Final recorded votes on the item as amended were taken by roll call during the meeting: Supervisor Weiner voted aye; Supervisor Kim voted no; Supervisor Mar voted no; Supervisor Olague voted no; Supervisor Campos voted no; President Chu voted aye; and other supervisors’ votes were recorded in the roll call tally leading to a 6–5 approval on first reading.

What’s next: Because this passed on first reading, the ordinance will return for the second reading and final passage in a subsequent meeting. The ordinance as amended codifies hours, clarifies enforcement authority for public‑works staff, imports park sleeping and camping rules into the two plazas, limits neighborhood‑CBD movable‑furniture hours for CBD‑provided furniture to 9 a.m.–9 p.m., and removes a proposed ban on large wheeled conveyances.