San Rafael Officials Mull ‘Sit-Lie’ Ordinance

City officials in San Rafael are exploring the possible implementation of a sit-lie ordinance that would reduce the footprint and the visibility of a homeless population that business leaders say is hurting downtown business.

Mayor Gary Phillips confirmed that he met with the City Attorney Rob Epstein and Police Chief Diana Bishop to discuss the possible implementation of a law that represents a more-stick-less carrot approach to dealing with the city’s homeless problem.

Such an ordinance would prohibit sitting or lying on city sidewalks during specified hours.

“We’re going to continue to look at that and see if that gives our (police) officers some latitude to enforce when situations are called for,” Phillips said.

The San Francisco Chronicle last month reported that an abundance of services has made San Rafael an attractive landing spot for homeless throughout the Bay Area.

About half of Marin County’s 900 homeless people live in San Rafael, Phillips said.

Consideration of the controversial measure comes amid pressure from merchants who’d like to see the city’s downtown streets become more shopper-friendly.

More than two thirds of the city’s downtown business owners believe the homeless population has hurt their bottom line, Downtown Business Association Director Carol Thompson told the Chronicle.

"People say they don't want to come to downtown San Rafael because they're afraid of the homeless,” Thompson said.

Phillips said such an ordinance would require City Council approval, and that further discussions with the city attorney are needed before bringing a measure to the council.

No timetable yet exists for a process that would take about three months to implement once it’s formally introduced, Phillips said.

Phillips stressed that police would be given discretion in how such an ordinance Is enforced, noting that the law would give authorities wide latitude to target some of the city’s worst offenders.

“I have a great deal of confidence in our (police) chief and our sworn officers and that confidence extends to applying this ordinance,” Phillips said.

“If it’s passed it would give them the discretion to utilize it when it’s appropriate.

“It could be a strong deterrent to somebody who’s engaged in aggressive panhandling.”

If approved, San Rafael would join a growing number of Bay Area cities to adopt a sit-lie ordinance, following the footsteps of San Francisco, Palo Alto, Berkeley and Santa Cruz, among others.

Homeless advocates have assailed the ordinances, which they say criminalizes poverty.

The San Francisco law passed in the aftermath of a violent attack in which a homeless person nearly gouged the eyes out of a local resident.

The victim of that attack ironically opposed the ordinance that San Francisco voters approved in 2010, according to a New York Times report.

Phillips insists that any sit-lie law would have to reflect the values of a San Rafael community that has a longstanding tradition of extending help and compassion to those in need that goes back to the 19th Century.

The law would coincide with other measure already approved by the council earlier this year, Phillips said.

The council on Oct. 15 approved the hiring of adding an additional patrol officer to walk the streets of downtown, giving San Rafael three fulltime officers on the downtown beat.

The city has also hired a non-sworn mental health officer who works with sworn officers in evaluating the needs and circumstances of the homeless on an individual basis to help them find appropriate help.

The City Council also earlier this year approved a $272,000 Downtown Streets Team program that employs the homeless in street cleaning and city beatification projects.

Phillips, however, acknowledged that those programs would likely “take a little more time to gain traction and results.”

But for now he’d like to see the council move forward on a more law enforcement-oriented program geared towards short-term results.

“I’m in favor of having that option available to our police to enforce,” Phillips said.

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