Albuquerque enforces sidewalk obstruction and pedestrian-right-of-way rules, but the city does not punish sitting or lying alone where shelter beds are unavailable, consistent with Ninth Circuit precedent in Martin v. Boise and ongoing federal-court oversight.
Albuquerque has not adopted a freestanding sit-lie ordinance. Instead, city officials enforce general code provisions on sidewalk obstruction (Albuquerque Code §8-3-5) and pedestrian right of way, plus state criminal-trespass statutes (NMSA §30-14-1) on private property. Following Martin v. Boise (9th Cir. 2018) and its 2024 status post-Grants Pass, the city's policy has been to refrain from citing simple sitting, lying, or sleeping in public when shelter capacity is inadequate. Outreach teams from the Albuquerque Community Safety Department coordinate with the Gateway Center mega-shelter and the New Mexico Coalition to End Homelessness to offer beds before any enforcement is attempted.
Blocking a sidewalk so wheelchair users cannot pass, refusing repeated outreach offers of shelter, or trespassing on private property can lead to citations under §8-3-5 or NMSA §30-14-1, even though pure sit-lie is generally not cited.
Albuquerque, NM
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Albuquerque, NM
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See how Albuquerque's sit-lie rules rules stack up against other locations.
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