The courts have so far sided with the city in a lawsuit over standing on narrow medians. Homeless advocates say that's unconstitutional.
Last October, Dallas passed an ordinance banning people from standing on medians narrower than 6 feet.A federal judge has suggested that Dallas can enforce an ordinance that bans people from standing or walking on medians less than 6 feet wide.
The recommendation will now go to the judge over the case, U.S. District Judge Ada Brown, to make a final determination on whether to halt the ordinance until the case is resolved. Last year, Dallas police Chief Eddie Garcia said his officers would use discretion when enforcing the ordinance, and the interim city marshal said at the time that officers wouldn’t be patrolling medians. Instead, the marshals would likely enforce the ordinance when helping the City Homeless Solutions and Crisis Management team provide services to the homeless.
UTA assistant professor Hannah Lebovits is another plaintiff in the suit. She claims her research on homelessness brings her to places that would be affected by the ordinance. The recent recommendation by Toliver hasn’t deterred Lebovits’ confidence in the suit. “I am confident that we will continue with this case and that we will show that the intent is to attack First Amendment speech rights,” Lebovits said.
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