The City Council this week could rescind major portions of city laws that have divided Austinites regarding how the city should address a growing number of homeless.

On Thursday, the council plans to consider repealing the city's panhandling ordinance and narrowing the city's camping ordinance and its "no sit/lie" ordinance.

Critics of the laws say they criminalize homelessness and can lead to fines and arrest warrants that further a downward cycle for the downtrodden. Proponents say the ordinances are critical to addressing aggressive behavior and are a necessary tool for law enforcement.

"Asking for money, sitting or lying down in public, and sleeping in tents are basic requirements of survival, especially while homeless," City Council Member Greg Casar said in a news release. "Criminalizing this behavior is unjust and unconstitutional, and can prevent people from getting into housing or support services — the very thing they need to get off the streets."

Casar is one of four council members who have expressed support for lessening the city's existing penalties for panhandling and loitering.

A 2017 audit of the city's homeless policies found that the three ordinances in question created barriers for those attempting to transition out of homelessness because citations could lead to criminal records or arrest warrants. Both can be obstacles to finding a home or employment.

The city issued 18,000 citations for violations of those ordinances from 2014 to 2016, according to the audit. In 90% of those instances that resulted in a citation, the violator did not appear in court, and a warrant was issued for failing to appear in 72% of the cases.

The audit also questioned the legality of the ordinances, noting that federal courts have overturned similar laws addressing panhandling and camping, deeming the laws violations of free speech rights and the prohibition against cruel and unusual punishment.

While the audit gave a grim assessment of the city's ordinances, Austin Police Association President Ken Casaday told the American-Statesman the laws have value.

Casaday said that without the ordinances, police would have to rely on state laws that carry harsher penalties than the Class C misdemeanor offenses. He added that Austin needs to have a check on illicit behavior in public.

"In the city right now, we are moving in the direction of Seattle and San Francisco with tent cities and widespread prostitution and drug use," Casaday said Thursday. "All you have to do is travel to the once-beautiful San Francisco or Seattle and you can see how it has destroyed these cities."

The proposed ordinance would:

• Fully repeal the city's panhandling ordinance, which bans soliciting money downtown between 7 p.m. and 7 a.m. as well as making physical contact or using obscene language while panhandling.

• Narrow the camping ordinance to apply to when a person camps in a dangerous area or intentionally camps on public property in an area that disrupts its use.



• Change the "no sit/lie" ordinance to a blanket obstruction ordinance that applies only to when a person is sleeping or sitting in an area that is dangerous or blocks access to public property.

A violation of each ordinance would be a Class C misdemeanor and carry a fine of up to $500.

In an emailed statement sent Friday, Police Chief Brian Manley didn't divulge his stance is on the proposed ordinance.

"We look forward to the discussion that will take place next week during the council meeting," Manley said. "Our hope is that the Austin Police Department will have an opportunity to provide feedback, supporting our mission of keeping our community safe."

Bill Brice, vice president of investor relations at the Downtown Austin Alliance, said the possible repeal of the panhandling ordinance was of particular concern to his organization and its members. Aggressive panhandling downtown, Brice said, was the "No. 1 reason visitors say they aren't coming back" to Austin.

Brice said he would urge the City Council to not take any action on the ordinances at Thursday's meeting to allow time for his organization, which represents downtown property owners, residents and businesses, and other stakeholders to provide input.

"We would ask City Council to slow this process down, allow the community an opportunity to weigh in on this, respecting the type of manner in which our government has operated historically," said Brice, whose group also provides cleaning and other services for streets and sidewalks downtown. "This particular item deserves that kind of process."

Emily Gerrick, an attorney with the Texas Fair Defense Project who helped draft the changes to the law, said far too much time has passed since the 2017 city audit.

"This is a really, really urgent issue," Gerrick said. "We have had these unconstitutional discriminatory ordinances on the books for far too long. They are really hurting people and not doing any good."