Critics say Dallas ban on standing in medians criminalizes homelessness

Dallas bans standing in medians, but critics say it criminalizes homelessness

DALLAS (CBSDFW.COM)  Under pressure to do something about the growing homeless population and its most visible companion, aggressive panhandling, Dallas city leaders voted to amend an existing transportation ordinance to ban standing in medians. The goal, they say, is safety.

"I think it's very dangerous for them to be standing so close to the roadway!" says Will Rain of Dallas. "So many people are looking at their phones... they could easily veer off, ending someone's life."

Drivers like Rain want the council to do something, saying compassion for the situation doesn't mitigate the danger. He says his daily commute means often watching out for more than just other cars.

"I've had a few instances where someone has stumbled out of the road or walked right out in front of me," says Rain, "and I've had to slam on the brakes."

Rain says he grew up in Dallas. But now admits that he often finds his city unrecognizable, with trash-strewn encampments cropping up underneath overpasses and on corners throughout the city.

For now, Dallas city leaders hope staffers will have more opportunities to offer services by enforcing an amended transportation ordinance. Section 28-61.1 now prohibits "standing and walking on medians measuring six feet or less in width, where no medians exist, or in an area designated as a clear zone."  

The measure was approved by a near-unanimous vote. District 7 Councilman Adam Bazaldua gave the lone, emphatic "no," calling out the proposal as not being about safety at all.

"This is about NIMBYism," says Bazaldua, referring to the acronym meaning "not in my backyard."

"I know there are people who take advantage of the system, and if you think we can differentiate that by sending out enforcement versus the mom that is out there asking for a dollar to feed her kids. Shame on us! This is absolutely despicable!"  

Bazaldua also points out that there are plenty of exceptions built in the ordinance which prevent it from targeting exactly those not mentioned in it - including panhandlers.  "This is criminalizing homelessness," says Bazaldua, "and we can't do that."

That amended ordinance also calls for fines not to exceed $500, arguing that the fine is just a tool to encourage those experiencing homelessness to accept services.  However, even advocates admit that those services are often rejected.

    "I've contacted the Office of Homeless Solutions all summer," shares Rain.  "It doesn't seem like unless the individual wants to help themselves, there's not much the city can do."

     But experts say well intentioned drivers can stop making panhandling profitable.

     "The generosity is great," says Wayne Walker, founder of the nonprofit 'Our Calling'.  "But. We don't want to support someone staying on the street. We want to support them to move off the street."

     Walker says over the years, his organization's boots-on-the ground, relationship building approach has helped more than a thousand people into stable housing. He urges drivers to resist the urge to hand that dollar out of the window, and instead partner with local groups working to provide long term solutions. Aggressive panhandling, he says, is for some an occupation-- and is a different issue.

     "It's kind of scary," shares Rain after an unpleasant encounter with an aggressive man crossing the street.  The man became enraged, he says, because Rain made eye contact.  "We want to help them, at the same time a lot of them don't want any help at all."

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