Residents decry Findlay anti-loitering rule

FINDLAY — Findlay Council's chambers overflowed with residents opposed to the proposed new anti-loitering rules for the city on Wednesday. The ordinance, which was given its second reading at the regular meeting of council, is now heading back to committee. After hearing citizen comments, council voted 7-2 to refer the ordinance for further discussion to the Committee of the Whole, with councilmen Jim Niemeyer, R-6, and Grant Russel, R-at-large, opposed, and Councilman Brian Bauman, R-5, absent. The meeting will be held at 6 p.m. on Wednesday at the Findlay Municipal Building, 318 Dorney Plaza. All committee meetings are open to the public. The meeting will also be livestreamed on the city's YouTube channel: FindlayOhio. The Committee of the Whole can gather information and discuss an issue, but it can't vote or make formal recommendations to council. At Wednesday's meeting, residents challenged the constitutionality of the proposed new rules, saying they would punish people for simply occupying public spaces and that similar laws have been struck down by the courts in the past. Findlay resident Robby Leatherman said the city can't make it illegal to stand around, "just because you don't like who is standing there." Chris Chilcote, another Findlay resident who has been organizing to challenge the proposed new rules, said it adds a "layer of punishment for just being visible." However, Jill Wagner, who owns rental properties in downtown, spoke in favor of the legislation. She said groups of homeless people are congregating in downtown all day, and gave accounts of several harrowing interactions with them. Wagner is the wife of Brad Wagner, a Republican, who was elected as one of three at-large councilmen for the city on Tuesday. Newly elected council members take office on Jan. 1. Mayor Christina Muryn said the city is receiving constant complaints from parents and downtown businesses about the groups sitting or standing on the sidewalks. On Wednesday, there was a consensus that drug abuse and homelessness are driving the problem, with residents asking for more to be done to address those issues. However, Councilwoman Holly Frische, R-1, said Findlay may already be a victim of its own generosity. She said the city needs to address problems with the City Mission, which is located downtown at 510 W Main Cross St. The anti-loitering legislation was introduced to council at the request of Law Director Robert Feighner Jr. If approved, it would take effect immediately. The ordinance would prohibit individuals from lingering in public places without an apparent purpose, particularly in ways that obstruct pedestrian traffic or cause annoyance to others. It applies to sidewalks, street corners, parks, public grounds, and retail business districts, including parking lots, driveways and store entrances. In a letter to council dated Oct. 13, Feighner said there has been an increase in complaints about loitering in and around parts of the downtown area. "This loitering often includes signs of drug use and other criminal acts," he said. Feighner said the city currently lacks local code provisions to address such behavior, prompting the mayor to direct him to draft the ordinance. The proposed language draws from ordinances in other communities dating back to 1969 and 1973. "What that means," Feighner said, "is that if there were any constitutional challenges, they must not have been successful." The ordinance would require individuals to move when ordered to do so by a police officer or be cited. It would be up to the officer to decide whether a person's behavior constitutes loitering. In January, council approved "unhoused camps and public sleeping" legislation that bans sleeping on sidewalks, streets, alleyways, or at an entrance to public or private property. Any person found sleeping in these areas could be immediately removed. Campsites on sidewalks, streets, alleys, any public right of way, park, public property, or under any bridge or viaduct are also prohibited, unless they're allowed by a formal emergency declaration by the service-safety director. Violating the homeless camping ban ordinance is considered a minor misdemeanor and carries a fine of up to $25. Repeat offenses would be considered a misdemeanor of the fourth degree.