New Sidewalk Ban Hits Homeless

Albuquerque’s City Council passed an ordinance on May 4 that lets the city create “Enhanced Service and Safety Zones” in commercial areas and restrict sitting, sleeping, lying or camping on sidewalks and nearby public rights-of-way there. The measure, sponsored by Councilor Joaquín Baca, passed 6-3 and was transmitted to Mayor Tim Keller after the vote, according to city records. The ordinance says the zones are meant to support “economic vitality,” public safety, cleanliness and access in key commercial areas. Critics, including Councilor Stephanie Telles, said the measure would criminalize poverty and push unhoused residents out of visible public spaces. ### Where does the new sidewalk ban apply? The ordinance creates a new city framework rather than a citywide sidewalk ban. Under the law, Albuquerque can designate specific “Enhanced Service and Safety Zones” in commercial areas that the council says have a demonstrated need for added support. The ordinance’s stated purpose is to improve the cleanliness and accessibility of public rights-of-way and strengthen quality of life in those areas. (cabq.gov) KRQE reported that the designated zones are expected to focus on places such as downtown and other commercial areas with high crime, struggling infrastructure and heavy foot traffic. Councilors, not the mayor alone, would approve which areas become designated zones, KRQE said. (cabq.gov) ### What conduct does the ordinance target? KOAT and the Albuquerque Journal reported that the ordinance makes it unlawful in designated zones to sit, sleep, lie or camp on public sidewalks, and in some cases on streets, bike paths or alleys when pedestrian passage is blocked. The Albuquerque Journal reported that police could issue a written warning and then cite people who do not comply, with penalties including a $500 fine or up to 30 days in jail. (krqe.com) A separate Albuquerque ordinance enacted in late 2024 already bars camping or maintaining an encampment in publicly owned areas, including streets, sidewalks, rights of way, parks and open space. The newer 2026 measure goes further in designated zones by targeting sitting, sleeping and lying on sidewalks, according to local news reports and city documents. ### Who backed the measure, and what did supporters say? (koat.com) Joaquín Baca sponsored the ordinance and said, according to KRQE and KOAT, that the measure was not meant as a homelessness bill. Baca said the goal was to make targeted areas safer, cleaner and more inviting, while addressing concerns that include vandalism, theft and public safety in business districts. (cabq.gov) Business owners who supported the measure described repeated problems around storefronts and parking lots. The ordinance itself says the city wants to direct existing municipal services to designated commercial areas in a more targeted way, including police patrols and sanitation work, to support business activity and public access. (krqe.com) ### Why are opponents calling it a homelessness crackdown? Stephanie Telles, one of three councilors who voted no, urged Keller on May 8 to veto the bill. In a city news release, Telles said residents did not want “policies that rely on citations, warrants, and punishment to address homelessness” and warned the ordinance would increase harm to vulnerable residents. (krqe.com) The Albuquerque Journal reported that opponents said the law unfairly targets people experiencing homelessness and comes as the city faces ongoing litigation over enforcement of public-camping laws. The city’s 2026 encampment policy, posted online before the ordinance took effect, said people would not be required to move solely because they were sitting, standing, lying or sleeping on public property unless they were violating camping rules, state law or other city ordinances. (cabq.gov) The new ordinance creates one of those additional city ordinances. ### What is the city offering besides enforcement? Mayor Tim Keller announced a $400,000 diversion program on May 15 aimed at people cited for blocking sidewalks, trespass and similar city code violations. The Albuquerque Journal reported that the program would offer weekly open hearings with city service providers on site and access to treatment and housing options. (abqjournal.com) Keller said the city could not “simply just cycle vulnerable individuals through jail and back out on the street,” according to the Journal. The paper reported that Albuquerque police had already diverted 85 people into services of some kind since February as the city tested the approach. (abqjournal.com) ### What happens next? City records show the measure was published on May 20 as Enactment No. O-2026-016 after being sent to Keller following the May 4 council vote. The next practical step is designation of specific service and safety zones by the city, which will determine where the sidewalk restrictions are enforced. (cabq.gov) (abqjournal.com)