Berkeley narrowly passed Measure S sit-lie restrictions in 2012 but the City Council repealed enforcement provisions in 2018, leaving commercial district sidewalk regulations far weaker than neighboring cities.
Measure S, narrowly approved in 2012, prohibited sitting or lying on commercial sidewalks between 7 AM and 10 PM. After enforcement disparities and constitutional concerns following Martin v. Boise, City Council suspended active citations in 2017 and repealed the principal enforcement provisions in 2018. Today Berkeley relies on sidewalk obstruction rules under BMC 14.48 and state Penal Code Section 647(e) only when shelter beds are available and conduct is genuinely blocking. Police prioritize outreach referrals to the Coordinated Entry System over citation.
Active enforcement is rare and limited to genuine pedestrian obstruction with shelter availability, after warning. Citations issued without those conditions face dismissal under Martin v. Boise.
Berkeley, CA
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Berkeley, CA
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See how other cities in Alameda County handle sit-lie rules.
See how Berkeley's sit-lie rules rules stack up against other locations.
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