U.S. District Judge Ada Brown on Friday issued a ruling saying she agreed with a July recommendation from U.S. Magistrate Judge Renee Harris Toliver to deny a...
. The restriction bans pedestrians from standing or walking on roadway medians less than 6 feet wide, in the middle of streets without medians and in clear zones like bike lanes and road shoulders. Violators could receive a citation and be fined up to $500.
The ordinance exempts permitted workers, as well as pedestrians directly crossing the street, giving or receiving emergency aid, or on the median while following police instructions.like panhandling and protesting by not allowing them to occur on all medians. They also argued that city documents and public discussions from city meetings showed homeless people soliciting money from drivers were the main target of the ban and the fines would only exacerbate poverty in Dallas.
Toliver in her recommendation last month said she believed the ban was too narrow to be a First Amendment violation and noted it wouldn’t restrict people from panhandling or protesting in other areas of Dallas like on sidewalks, public parks and medians wider than 6 feet. She also sided with the city’s assertion that the ban
isn’t discriminatory and is strictly a traffic safety measure designed to help Dallas decrease pedestrian injuries and deathsThe lawsuit was filed on behalf of four Dallas-area residents: one military veteran without stable shelter, another who was previously without housing, a local activist and a University of Texas at Arlington professor. All four people either regularly solicit donations from drivers, give donations or engage in political speech from medians.
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