Plan approved allowing citations, fines for people on Dallas medians, intersections

Members of the Dallas City Council approved a plan that allows citations and fines for people walking on medians or standing at intersections.

The council isn't calling it a "panhandling ordinance," but it is clear the new rule would greatly affect those asking for help on the streets.

Members voted 14-1 in favor of the ordinance.

The move gives Dallas city marshals the ability to issue civil citations up to $500 to anyone standing on a median or in the roadway.

Many councilmembers touted the plan as a "public safety issue" for all.

Councilman Adam Balazdua called the ordinance "disingenuous," and meant to target the homeless.

RELATED: Dallas leaders say they’re concerned about crime at homeless camps

According to Dallas police, there have been 45 pedestrian-related fatalities so far this year, compared to 42 last year.

"I think it’s justified on public safety grounds," Councilman Paul Ridley said.

"The majority, over half, of these fatalities are occurring in pedestrian crossings in areas not marked by crosswalks," someone told councilmembers.

According to city staff, pedestrian-related deaths account for 30% of all deaths citywide.

The city's Vision Zero Plan seeks to reverse that trend with help from this new ordinance.

"All we're trying to do is protect innocent pedestrians from harm’s way," Dallas Department of Transportation Director Ghassan Khankarli said.

The focus will be on major and minor highways and access roads, and in locations where pedestrians could be the most vulnerable based on higher volume of traffic or higher speeds.

"Having been a carpool parent, I can't imagine having all the distraction in your car with having to worry about what may be outside of your car in the middle of a roadway," Councilman Gay Willis said.      

Councilman Adam Bazaldua was the only councilmember to vote against the ordinance, pointing out that many people standing in medians are panhandlers.

The Supreme Court has found panhandling to be constitutionally protected under the First Amendment, which means cities can't target the activity itself.

Bazaldua believes the new ordinance unfairly targets the city's most vulnerable residents.

"This is an effort to enforce poverty, this is an effort to criminalize homelessness, an effort to criminalize panhandling," Bazaldua said.

Like a homeless man FOX 4 found in the median on busy Lemmon Ave asking for money.

Civil fines can amount to up to $500.

Repeat offenders who don't pay up could be arrested.

"You're going to write tickets for people who can hardly eat so, I just don't understand how you win," the man said.

"Shame on us. This is absolutely despicable," Bazaldua said.

Councilwoman Cara Mendelsohn pushed back.

"This intent is good. This intent is not something for you to disparage in this way," she said. "Sorry if people want to panhandle, that's a different issue."

Fines can be appealed to the Dallas County Court of Appeals.

Councilmembers will review the ordinance every year to determine what kinds of people are being cited and where.

They can decide to stay the course, amend it, or do away with the ordinance.