The Editor's Back Fence

Should This Be Against the Law in Berkeley?

Tuesday October 02, 2012 - 10:17:00 PM
Becky O'Malley
Becky O'Malley

These sidewalk-sitters were enjoying the warm weather on Tuesday at Berkeley's South West Farmer's Market. Tyler, seated with his back to the side wall of Sweet Adeline's Bakery at the corner of 63rd and Adeline, is a tourist, in town from San Diego. We didn't get the name of the family resting on the curb in the same block, but they were clearly having a good time too. If Measure S passes, all of these satisfied market patrons would be subject to citation and possible arrest for the crime of sitting on the sidewalk in a commercial district. Some measure backers claim that such a law would be enforced selectively, but guess what? That's probably unconstitutional, and would certainly provoke lawsuits to test it.