Proposal may end fight between homeless advocates, city

A four-year legal battle that pitted homeless advocates against the city of Las Vegas in a rancorous debate about personal rights versus public safety is on the verge of ending.

Homeless advocates and the city have signed an agreement that would dismiss a federal lawsuit against the city and change codes about how marshals can treat the homeless in parks.

The City Council will review the proposed agreement at a date yet to be determined.

At the heart of the legal skirmish is Gail Sacco, who was cited for feeding more than 25 homeless people in a park without a permit for a gathering that size.

The revised codes would allow up to 75 people to congregate, including to be fed, before a permit is required.

Marshals couldn't ban a homeless person from a park without evidence of unlawful activity, and they would have to justify charging a person with trespassing.

"I just hope that it goes through," Sacco said Friday. "I hope the council is sincere about the agreement, and hopefully the park marshals won't try to find other ways to harass the homeless."

After reading through the proposed pact, City Councilman Steve Ross said it protects the rights of homeless people and the safety of park-goers, especially children.

"I think it's a victory for the city, and I think it's an acceptable compromise," Ross said.

The agreement also calls for dropping all charges against those who filed the lawsuit. In return, the homeless advocates would drop the lawsuit, which is awaiting a hearing in the 9th U.S. Circuit Court of Appeals.

If the city doesn't follow through with the agreement, the lawsuit would be reactivated.

The city originally charged Sacco with violating a ban on feeding the homeless in parks. City officials argued that charitable shelters subsidized with public money should be their sole food suppliers.

The American Civil Liberties Union of Nevada challenged the ban and other park rules they argued were aimed at the homeless.

A federal judge later ruled that the city couldn't enforce the feeding ban but it could keep other codes such as limiting groups to 25 people in parks. The ACLU and homeless advocates appealed the ruling.

Lee Rowland, an ACLU attorney, said the two sides began negotiating after a judge observed that their stances weren't so far apart.

This agreement should prevent good Samaritans from being punished for being charitable, Rowland said.

It also will allow everyone, homeless or otherwise, to share a meal in the park with no fear of reprisals, she said.

"Homeless individuals are people with rights," Rowland said. "We think these (new) rules underscore any individual's right, regardless of their income, to enjoy their park space."

Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.