Monterey’s sit, lie ordinance still faces opposition, businesses seeing success

A small but growing group of people continue to gather in Monterey, to voice their disapproval with the city’s sit and lie ordinance.

Monterey police said the city’s sit and lie ordinance, makes it illegal to lounge on certain sidewalks, in order to clear the sidewalks for pedestrians, and remove unwanted distractions in places where tourists frequent.

Monterey police said people have every right to protest, but they’re really focusing on the chronic sit, lie offenders. Six months into the new law, businesses said they’re seeing big improvements in areas like Alvarado Street.

“It’s made a considerable difference and then along with the private security guards that we have walking the beat every day, it’s really helped quite a bit,” Gasper Spadaro of Gasper’s Jewelers said.

Spadaro is a long time Monterey businessman and he said over the past three years, the problem of people sitting or lying on popular sidewalks was bad, and getting worse. That’s until the city created a new law.

“Prohibits any sitting or laying on any commercial sidewalk in commercial districts in the city of Monterey, that cover North Fremont, Cannery Row and the downtown area,” Lt. Marty Hart, Monterey police said.

Hart said obeying the law is simple.

“To come into compliance you have to stand up. That’s it,” Hart said.

But those against it, say they’ll continue their fight.

“Really what they’re doing is going after the homeless and if they happen to criminalize a tourist here and there or a citizen here and there, they’ll do it,” protester David Minton-Silva said.

Though some violators have refused to move, so far only warnings have been issued.

“It appears to be successful so far. We’ve issued no citations,” Hart said.

If someone isn’t in compliance with the ordinance, the officer will issue a civil citation. Then the person has the option to either pay it or fight it. Officers said they can’t actually arrest anyone for failing to follow the law. But they are handling conversations with violators carefully, in case another law is broken during the interaction, like an obstruction of justice. Businesses said they’re pleased to see those efforts are making a difference, especially for their customers.

“It makes people feel safer downtown. They’re not being accosted for, uh, money or for um seeing what needed to, not see,” Spadaro said.

Monterey police said that their initial warning is good for 30 days, meaning if the same person is caught breaking the sit, lie law again. The person will be again be asked to stand up, and this time, if they don’t, they will get a ticket.