BANGOR, Maine — The City of Bangor is considering a ban on loitering that the ACLU is calling unconstitutional.
The city solicitor is proposing adding a line to Bangor's current loitering ordinance that would make it illegal to loiter on road medians less than six feet wide in high volume or high-speed traffic areas.
Currently, it's just illegal to loiter in a way that blocks or impedes traffic.
Supporters say the goal of this proposed ordinance is to keep people safe and off medians on dangerous streets.
"We don't want to wait for a bad accident to occur," City Solicitor David Szewczyk said.
Szewczyk said it would only apply to a small number of dangerous, narrow medians—excluding privately-owned and commercial properties and state highways.
"This is kind of a common sense, simple narrow prevision," Szewczyk said.
If the ban is approved by the city council, a person who refuses to move from a median could be fined between $100 and $2,500. Szewczyk said they're not anticipating fining anyone.
"The enforcement will just be by directing people to a safer location," he said.
The ACLU of Maine is pushing back against the proposal, saying it would restrict free speech, violating the first amendment.
"People have a right to stand in public on sidewalks and median strips, to express political views, to ask their fellow citizens for some charity, for some financial assistance, and those rights need to be respected," Zach Heiden, chief council of the ACLU of Maine, said.
In 2013, Portland adopted a similar ordinance that was struck down following a lawsuit from the ACLU.
Heiden said this ordinance could be a part of a greater trend of laws across Maine.
"To try to hide people, or keep people out who are experiencing homelessness, or who are low income, and that's been a terrible trend," Heiden said.
The Bangor City Council will continue considering the ban at future meetings. The next one is on June 10.