Sidran's civility

Terry Shelton, a homeless veteran who spends much of his time on the Ave., can usually be found sitting with his wife Diana in the parking lot next to the Radio Shack. He was there again Wednesday, talking to passersby -- that is, until the cops pulled up. Terry quaffed the last of the beer from his Starbucks mug, but the attempt to avoid another ticket failed, when one of the officers smelled the beer on his breath.

The police gave Terry another in a long line of drinking-in-public tickets and told him to move along. Terry said the cops told him if he were seen standing here again, they would take him to King County Jail.

Terry had just been found guilty of violating one of Seattle's so-called "civility laws," championed by mayoral candidate Mark Sidran. Sidran has built a reputation, not always positive, as an advocate of "civility laws" and as an opponent of Initiative 71, which would require that Seattle provide 400 additional beds for the homeless. In the process, Sidran has been accused of being openly anti-homeless by social workers and homeless advocates.

"I have a heart, a head and the guts to use both to make decisions," said Sidran in response to those who accuse him of being insensitive.

Sidran is an advocate of the "broken-window theory," which claims that by cracking down on small crimes, large crimes are prevented. The small crimes covered by the "civility laws" range from drinking in public to sitting on a public sidewalk.

Local homeless advocates and the ACLU claim that some of "civility laws" disproportionately target blacks and the homeless. Sidran insists the "civility laws" are not aimed at any class of race, but at "behaviors that are unacceptable in any community."

As Terry moved along Wednesday, he talked about the other "civility laws" he must obey to avoid losing his panhandling space on the Ave. The "public urination" law passed by the city council in 1993 was the first such one. The law increased the penalty for urinating in public, enabling the police to charge second-time offenders with a misdemeanor. Terry feels this is unfair, since he has no public restroom to turn to.

The next laws to be passed were the "no sitting" and "pedestrian interference" ordinances, which were part of the city strategy to "clean up" downtown.

The "no sitting" law is effective only in downtown, Pioneer Square, the International District and Neighborhood Commercial Zones such as the Ave. Sitting is illegal between the hours of 7 a.m. and 9 p.m. Offenders are charged a fine of up to $50, followed by jail time.

"Put a foot over the line and you get a ticket," said Diana, pointing to the crack in the concrete that divides the parking lot from the sidewalk.

The "pedestrian interference" law allows police to arrest people who are blocking a sidewalk or street. The legislation also strengthened laws against aggressive panhandling, allowing police to cite somebody who is "intimidating" if the person is swearing. Terry said he is not an aggressive panhandler and has never been cited for the offence.

Terry and Diana disobey a "civility law" even when they sleep, since they are often in parks. The "park exclusion" law allows police to ban people from parks if they are caught camping, drinking or committing other acts of "misbehavior."

"A shelter would help a lot of people," said Diana. "There are a lot of places to get fed, but not enough to sleep."

The city of Seattle and homeless advocates estimate that between 2,000 and 2,500 individuals are homeless on any given day. Non-profit groups provide most beds, but there is still an insufficient number. Initiative 71, on the ballot in this coming election, would require that the city of Seattle fund and provide at least 400 additional year-round beds and increase city funding for support services by at least 20 percent over existing levels.

According to Sidran, homelessness is primarily a public-health crisis, not a shelter issue. Sidran believes the city should focus on helping people with treatment programs for drugs and alcohol instead of just providing them temporary shelter. However, homeless advocates such as The Citizens for Shelter with Dignity believe temporary shelters provide significant relief for the homeless.

But all of that controversy may be a moot point for Terry and his wife, who had more immediate concerns on Wednesday. The couple is considering moving to California to escape Seattle's "civility laws" and find a peaceful place to sleep and sit.

"I have been sitting in the same spot for six years and they won't let me stay here no more" said Terry, before picking up his Halloween pumpkin, moving 20 feet toward Denny's, and resuming his position.