The American Civil Liberties Union of Maine believes a proposed expansion to a loitering ban in Bangor is unconstitutional and violates the free speech of people who stand on road medians in the city.
Bangor councilors are considering adding a line to the city’s loitering ordinance that would make it illegal to loiter, either alone or with others, on road medians less than 6 feet wide in “high-volume or high-speed traffic areas.”
The ACLU of Maine, in a statement released Tuesday, called the proposed change a violation of First Amendment rights. The group said it criminalizes “peaceful conduct in public spaces” while ignoring the “root causes of homelessness.”
The proposal mirrors local and state ordinances around the country that courts have ruled violate free speech rights, including one in Portland a decade ago, the group said. But Bangor’s city solicitor, David Szewczyk, said Monday night the proposed change is in response to safety concerns about people spending time on narrow medians close to traffic.
“This particular change is not intended to affect speech at all,” he told Bangor’s government operations committee.
If the proposed ban is approved, police officers would be responsible for enforcing it. If someone refuses to move from a median after being ordered, officers would issue a civil penalty, which carries a fine between $100 and $2,500. The rule would apply to most medians in Bangor, with the exception of the grassy area in the middle of Broadway.
Bangor police “would be able to resolve these matters through conversation,” Chief Mark Hathaway said Monday night.
The ACLU of Maine argued people with limited resources cannot afford to pay fines and become entangled in the legal system, which creates further barriers to housing and employment.
“Attempting to punish people out of poverty is the least effective and most expensive response to this growing housing crisis,” the group said.
Molly Curren Rowles, ACLU of Maine’s executive director, also noted cities should not tell people where they can and cannot exercise their constitutional rights.
The Bangor City Council will consider the proposed ban during readings at future meetings, and it could return to the government operations committee for more thorough review. The council’s next meeting is scheduled for June 10.
BDN writer Kathleen O’Brien contributed to this report.
