1. Finding a Way Forward
This session is designed to illuminate how, by working with the
community and local advocates, compromise can serve the needs
of all.
Richard R. Troxell
Director
Legal Aid for the Homeless-TRLA
President
House the Homeless, Inc.
Michael E. Urena
Attorney
Texas Rio Grande Legal Aid- Eagle Pass

2. “Quality of Life” Ordinances
Finding themselves in conflict with people
experiencing homelessness, municipalities
across America are passing “Quality of Life”
Ordinances.
-no camping
-no panhandling
-no sitting
-no lying down etc.

3. Americans
with
Disabilities Act
With half of the people experiencing
homelessness are so disabled they
cannot work, at least one of these
ordinances was in direct violation of
the ADA.

4. Petition for Benches
In 2008, House the
Homeless, Inc., HTH,
petitioned City
Council Member Lee
Leffingwell for
benches around the
homeless shelter.

5. Benches Accused of
Illegal Drug Sales
The request of 400 people was refused by the
operators of the shelter citing grave concerns
that drugs might be sold from the benches.

6. Health Survey
In January 2010, HTH surveyed 501 people
experiencing homelessness, revealing that
48% were so disabled that they could not
work.

7. Debilitating Chronic Back Pain
COPD
Types of Disabilities Post Traumatic Stress Disorder
Emphysema
Heart Disease
Neuropathy
Schizophrenia
Eye Injury
Severe Hearing Loss
Chronic Viral Bronchitis
Degenerative Rheumatoid Arthritis
Degenerative Joint Disease
Glaucoma
Degenerative Bone Disease
Neurological Disorder
Scoliosis with chronic pain
Circulatory Problem
And numerous others

8. Relief Sought
HTH members met with Austin City Council Member Mike
Martinez seeking Council’s support for re-opening the No
Sit/ No Lie Ordinance, which assesses fines of between
$200-$500 for sitting or lying down. HTH called for
compliance under the Americans with Disabilities Act.

9. No Sit/ No Lie
Ordinance
• Provides for fines between $200 & $500 per
person
– Citizens are being ticketed for sitting down while in
line for health care
– Police officers are finding the only evidence of a
disability is a wheelchair
• HTH called for compliance under the Americans
with Disabilities Act.

10. City of Austin Code
of Ordinances
9-4-14 Sitting or lying down on public sidewalks in
the downtown business area prohibited.
(D) A person commits an offense if, after having been
notified by a law enforcement officer that the
conduct violates this section.
1. the person is asleep outdoors; or
2. the person sits or lies down in the right-of-way between the roadway
and the abutting property line or structure, or on an object placed in
that area.

11. Texas Rio Grande Legal Aid
Memorandum of Law
To: Richard Troxell, Director, Legal Aid for the Homeless
From: Michael E. Urena, Team Manager, Disability Rights Practice
Date: July 19, 2010
RE: The ADA and Austin City Code 9-4-14
BACKGROUND
You asked for a legal opinion regarding whether the Americans
With Disabilities Act would require the City of Austin to
accommodate persons with disabilities by partially exempting
them from the “Quality of Life” ordinance by allowing them to
sit down on public sidewalks and/or by the placement of
benches for their use.

12. Texas Rio Grande Legal Aid
Memorandum of Law
To: Richard Troxell, Director, Legal Aid for the Homeless
From: Michael E. Urena, Team Manager, Disability Rights Practice
Date: July 19, 2010
RE: The ADA and Austin City Code 9-4-14
CONCLUSION
…Thus, unless the City makes a reasonable accommodation to insure that
public sidewalks are “readily accessible” to homeless individuals with
disability, the “Quality of Life” ordinance, and, thus, the City, violates the
ADA. Providing benches for their use or allowing an exemption that allows
homeless individuals with a disability to sit on public sidewalks appear to
be two ways of providing a reasonable accommodation.

13. Progress:
• Council Support Attained
• Open Records Act data Acquired
• Suggested Ordinance Exemptions Reviewed

14. Open Records Act
• HTH, under the Open Records Act, learned
that in 2008- 1,564 tickets were issued under
the Ordinance.
• In 2009- 2,729 tickets were issued under the
No Sit/No Lie Ordinance.
• Only 70 tickets were dismissed and 708
resulted in conviction.

15. Stake Holders Meetings
• “Stake Holders” included businesses, business
lobbyists, Downtown Austin
Alliance, Homeless Service Providers, City
Staff, and House the Homeless

16. Suggested No Sit/ No Lie Exemptions
for anyone with-
• Mobility impaired bus pass • A letter of participation from
• Documentation of hospital care – David Powell AIDS Clinic
within the previous two weeks – Community Court
• Documentation of food stamp – Austin Recovery Center
work exemption – PT or OT program
• Award letter from SSA for •All pregnant women
disability
•All exempt with Heat Index of 100˚
• Documentation of recuperative and ozone action days
care within the previous 2 weeks
•All obese persons
• Doctors note of disability
•Adults with children
• Letter of disability from DARS
•All senior citizens
• In line for health services
•And anyone sitting to PREVENT a
• Using cane, crutches, walker, or medical emergency
braces
• Taking psychotropic medications

17. City of Austin Legal Response
To: Public Health & Human Services Subcommittee
From: Cathie Childs, Assistant City Attorney
Date: August 9, 2010
RE: Constitutionality of City’s “Sit/Lie” Ordinance
SUBJECT:
Where the city’s current “sit/lie” ordinance violates the Americans with Disabilities
Act by denying the City’s homeless population the benefits of
services, programs or activities of the City.
Short Answer:
The city’s “sit/lie” ordinance does not violate the ADA.
A) “Homelessness” is not, in-and-of itself, a “disability” under the ADA;
B) The city’s public sidewalk program does not “provide services” to the
City’s homeless population; and,
C) The City’s sidewalk program does not discriminate against the
homeless receiving services based upon any alleged “disability.”

18. 2nd Stakeholders’
Meeting
•City staff directs all Stakeholders to explore the concept of
benches.
• House the Homeless responds with list of potential location of
benches and bench design.
•House the Homeless purchases bench for Homeless Memorial
from City of Austin Parks Department.

19. Response
• Unilateral rejection of all exemptions and
benches.
– No explanation for rejection of exemptions
– Benches decried as source of drug sales and
criminal sleeping.

20. Texas Rio Grande Legal Aid
Memorandum of Law
To: Richard Troxell, Director, Legal Aid for the Homeless
From: Michael E. Urena, Team Manager, Disability Rights Practice
Date: August, 2010
RE: Response to Austin Assistant City Attorney’s Memo dated 8/9/2010
• My memo does not address any constitutional issues, rather it concerns
the ADA and Austin’s “Quality of Life” ordinance prohibiting sitting or
lying on public sidewalks in the downtown area of Austin.
• The Childs’ memo misconstrues my memo suggesting that it establishes
homelessness as a “disability” under the ADA.
• The memo and City practices show an unfortunate disregard for the rights
of disabled persons experiencing homelessness, even though a recent HTH
survey revealed that 48% of the homeless individuals surveyed were
disabled individuals.

21. Negotiations
With all cards on the table, Richard Troxell of
HTH and Randi Shade, head of the Health and
Human Services Committee, COA, continue in
a protracted back and forth conversation over
proposed changes to the ordinance.

22. City of Austin Code
of Ordinance (Revised)
9-4-14 Sitting or lying down on public sidewalks or sleeping
outdoors in the downtown Austin Community Court area
prohibited.
New ordinance encompasses the following changes:
 Definition of Physical and Mental impairments as defined by
the ADA
 Exempts anyone who: is waiting in a line for goods or
services…
 It is an affirmative defense to prosecution if a person sits or
lies down as the result of physical manifestation of a disability
not limited to visual observation.

23. Police Procedures
Whenever City Council passes an ordinance,
the police department receives the ordinance
and devises procedures as to how the
ordinance will be implemented. Ordinarily,
this is a process that is closed to outside
influence. In this particular case the COA
police department chose to include a major
concern of HTH that involves extreme weather
conditions.

24. Police Procedures
30 Minute Respite
• When a police officer comes across a sitting individual, he will
inquire if the individual needs immediate medical attention, if
so, the officer will call an ambulance.
• If the individual claims a disability and just asks for “a
moment” for the pain to pass or to catch his breath, etc. the
police officer will offer a 30 minute respite.
• Upon returning, the police officer will again ask if the
individual needs an ambulance, if so, an accommodation will
be made; otherwise, the individual will be asked to move on
or be ticketed.

25. Outreach/ Community
Awareness
• House the Homeless has
produced 5,000
laminated, informational guides
outlining the new parameters of
the No Sit/No Lie Ordinance in
both English and Spanish.
• Austin is now the first city in the
US to bring its No Sit/No Lie
Ordinance in compliance
(seemingly) with the ADA.

26. HTH continues to promote
benches for a World Class City