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Judge: Lawrence sidewalk ordinance is flawed

Published on -2/10/2012, 2:56 PM

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LAWRENCE, Kan. (AP) -- Parts of a Lawrence city ordinance that prohibits blocking sidewalks in Lawrence are unconstitutional, a municipal court judge ruled in the trial of a mentally ill man who was arrested after being accused of blocking downtown streets three times last year.

Judge Randy McGrath ruled in favor of Robert Gilmore, 54, on Wednesday, finding that sections of the ordinance making it illegal to "continue to obstruct traffic" and forcing people to walk around someone are vague and unconstitutional. He found that sections prohibiting the leaving of objects in a right of way and intentionally obstructing traffic are legal.

Gilmore is often seen in downtown Lawrence wearing a robe or bed sheet and his mother has said he is mentally ill, The Lawrence Journal-World reported (http://bit.ly/xaCXve ).

The city commission in 2005 approved an ordinance making it illegal to walk, stand, lie or sit on a sidewalk to block another person or require the person to take evasive action to avoid physical contact. It was drafted along with an ordinance addressing aggressive panhandling.

Gilmore's defense attorney, Shelley Hickman Clark, said McGrath's ruling was important because the U.S. Supreme Court has said the First Amendment gives people a right to be on a public street or "walking at whim." McGrath gave an example that it can be difficult to walk through an area if people are standing on the sidewalk waiting to get into a restaurant, she said.

"It's difficult to walk through that crowd, but it's not criminal activity," said Hickman Clark, an associate clinical specialist with Douglas County Legal Aid. "I think it's very important for people who want to be downtown just to be part of the community."

The city has until Feb. 22 to decide whether to appeal the decision to Douglas County District Court.

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