BILL. HOWEVER, HE SAYS HE APPRECIATES CONCERNS FROM BOTH SIDES SITTING, SLEEPING OR LYING ON PUBLIC SIDEWALKS COULD SOON BE ILLEGAL IN ALBUQUERQUE, BUT IT ALL DEPENDS IF MAYOR TIM KELLER SIGNS OR VETOES THE BILL. WHAT WE’RE LOOKING AT IS SOME LEGAL QUESTIONS. THIS ACTUALLY MIGHT TAKE THE AUTHORITY OF THE POLICE DEPARTMENT AND MOVE IT TO THE CITY COUNCIL. SO SOME PEOPLE MIGHT LIKE THAT. SOME PEOPLE MIGHT NOT. KELLER TELLING US HE IS NOT NECESSARILY THE KEY PLAYER IN THE PROCESS. IT’S GOING TO BE THE LOT HAS A VETO PROOF MAJORITY. SO I’LL LOOK AT IT AND SEE IF THERE’S A COUNCILOR WHO MIGHT WANT TO CHANGE THEIR VOTE OR SOMETHING LIKE THAT FOR A LITTLE BIT. BUT THE BOTTOM LINE IS IT PASSED WITH SIX VOTES, WHICH IS ENOUGH TO OVERRIDE MY VETO CALLS TO DROP IT ALL TOGETHER. NOW ON THE TABLE, WHILE OTHERS ARE IN SUPPORT OF IT. CITY COUNCILOR STEPHANIE DOUGLAS DENOUNCING THE ORDINANCE, URGING RESIDENTS TO SIGN THIS PETITION. SHE BELIEVES THE LEGISLATION CRIMINALIZES POVERTY. IT HARDLY DOES ANYTHING THAT IS NOT ALREADY PART OF OUR PROCESS, BUT OUR PROCESS IS TO FIRST ALWAYS ASK FOR HELP. ALBUQUERQUE CITY COUNCILORS PASSING THE LEGISLATION ON A 6 TO 3 VOTE LAST MONDAY. THE SERVICE AND SAFETY ZONE ORDINANCE ALLOWS THE CITY TO DESIGNATE AND MANAGE ENHANCED SERVICE AND SAFETY ZONES AIMED AT SUPPORTING ECONOMIC VITALITY. CITY COUNCILOR JOAQUIN BACA, SPONSORING THE BILL FROM CRIME TO PUBLIC SAFETY. HE TELLS US IT AIMS TO TARGET MULTITUDE OF CONCERNS VANDALISM, BROKEN WINDOWS, THEFT. AFTER 12. THERE’S NOTHING GOOD HAPPENING. YOU SHOULD GET HOME JUST BY HAVING UNHOUSED FOLKS HANG OUT RIGHT AT THE FRONT DOOR. BUSINESS STOPS. WE HAVE SERVICES FOR THE HOUSE, AND A LOT OF THEM ARE NOT TAKING ADVANTAGE OF THOSE SERVICES, AND THEY’RE NOT BEING HELPED BY JUST BEING ON THE SIDEWALK. HOWEVER, POLICE ARRESTING SOMEONE OVER THE WEEKEND UNDER QUOTE, ARTICLES NOT TO OBSTRUCT SIDEWALKS. ACCORDING TO THE CRIMINAL COMPLAINT, THE PERSON IDENTIFIED WAS, QUOTE, SITTING ON A SIDEWALK WITH A LARGE AMOUNT OF PROPERTY CONSISTING OF TRASH BAGS, GROCERY BAGS AND BACKPACKS. THAT LEGISLATION HAS BEEN PART OF CITY CODE SINCE 1974. SO WE ASKED OUR LEGAL EXPERT, JOHN DAY, WHAT IS THE DIFFERENCE BETWEEN THE TWO BILLS? BOTH OF THEM COULD BE USED THEORETICALLY TO ADDRESS PEOPLE WHO ARE CAMPING AND STAYING ON THE SIDEWALK, BUT ONE OF THEM IS SPECIFIC TO HAVING ARTICLES, THINGS, OBJECTS THAT BLOCK A SIDEWALK. AND THEN THE PROPOSED ORDINANCE WOULD ADDRESS SLEEPING OR LYING DOWN O
Mayor Tim Keller weighs in on proposed ban to sit, sleep or lie on public sidewalks in Albuquerque
“What we’re looking at is some legal questions. This actually might take the authority of the police department and move it to the City council,” Mayor Keller said
Albuquerque City councilors passed “The Enhanced Service and Safety Zone Ordinance” on a 6 to 3 vote on Monday, May 5, 2026. The ordinance prohibits sitting, sleeping, or lying on public sidewalks, which has sparked debate over its impact on homelessness and public safety in Albuquerque. MORE: Albuquerque ordinance prohibits sitting, sleeping or lying on public sidewalksSince the passage of the legislation through city council, there have been calls for Mayor Keller to veto the ordinance, while others have been in support of it. On Monday, May 11, 2026, KOAT spoke with Mayor Tim Keller on whether he plans to sign or veto the legislation.”There’s a couple of things on this. One is this particular piece of legislation— certainly both sides are very passionate about folks who want to see a safer sidewalk and literally just a city where they can move about without— whether it’s have to move around or ask for money and panhandling and all of those things,” Keller told KOAT.”On the other side, these are people and they deserve help. Not to be criminalized and so forth. I completely appreciate both sides of that. I think the thing about this ordinance is that it actually is not that big of a deal to either side. It hardly does anything that is not already part of our process, but our process is to first always ask for help. That’s what we will do, no matter what,” Keller said.The ordinance also allows the City to designate and manage “Enhanced Service and Safety Zones” aimed toward:Supporting economic vitalityEnhancing public safetyImproving the cleanliness and accessibility of public right-of-wayStrengthening the overall quality of life in key commercial areas in the City of AlbuquerqueUnder the ordinance, officers are required to issue a written warning before enforcing penalties, which include fines of up to $500 or 30 days in jail.”We will offer services, we will offer help, and then we do have to enforce our laws. So, this actually is a very minor change. What we’re looking at is some legal questions. This actually might take the authority of the police department and move it to the city council. So some people might like that, some people might not,” Keller told KOAT.”It has a veto-proof majority. So I’ll look at it and see if there’s a councilor who might want to change their vote or something like that for a little bit. But the bottom line is, it passed with six votes, which is enough to override my veto. So, I think I’m really not the most important like player in that process” Keller added. “We got to figure out how to do this in general for our city with compassion, but also making sure that we have a city that operates with respect to everyone feeling safe.”Articles Not to Obstruct Sidewalks | 1974On Monday, KOAT legal expert John Day explained the difference between Albuquerque’s existing law, “Articles not to Obstruct Sidewalks (§ 8-2-7-13),” and “The Enhanced Service and Safety Zone” proposed ordinance following arrests over the weekend.The “Articles not to Obstruct Sidewalks” legislation has been part of Albuquerque’s city code since 1974, which prohibits placing goods, wares, or vegetation on sidewalks in ways that restrict pedestrian movement. “Both of them could be used theoretically to address people who are camping or staying on a sidewalk. But one of them is specific to having articles, things, objects that block a sidewalk. The proposed ordinance would address sleeping or lying down on a sidewalk. So basically, the language of two different ordinances addressing two different issues,” Day said.7 things to know: Albuquerque sidewalk rules, Meta Trial Day 3, Project Freedom pausedOn Wednesday, May 6, 2026, KOAT spoke with Albuquerque City Councilor Joaquín Baca who sponsors the ordinance. KOAT also spoke with Albuquerque City Councilor Stephanie Telles. She is one of three City councilors who voted against it.”It’s controversial because everybody’s trying to make it about one topic as opposed to this bill addressing several things—late night shootings being one of them, retaining our grocery stores downtown,” Baca told KOAT.View ordinance, here”We lost the pharmacy already. Grocery store is up for sale right now. I would argue that grocery store has an outsized impact, not just for the neighborhood, but for the city. Vandalism, broken windows, theft—After 12, there’s nothing good happening. You should get home,” Baca said.”Homelessness is easily one of the biggest issues we have, not just in our city, but every city. Just by having unhoused folks hang out right at the front door, business stops. We have services for the unhoused, and a lot of them are not taking advantage of those services, and they’re not being helped by just being on the sidewalk,” Baca told KOAT.City councilors who voted for and againstJoaquín Baca (Yes)Dan Lewis (Yes)Klarissa Peña (Yes)Dan Champine (Yes)Renée Grout (Yes)Brook Bassan (Yes)Stephanie Telles (No)Tammy Fiebelkorn (No)Nichole Rogers (No)”We do have shelters and we have done a very good job in the City by investing in the shelter services for our unhoused communities but better options are lower barrier, choice based alternatives,” Telles told KOAT. “When we hear, “well, we have shelters, people don’t have to homeless in Albuquerque, people don’t have to hungry in Albuquerque, again, we are judging other people’s choices, without knowing what their options really are.””So, being able to meet people where they are instead of making shelters the only doorway to help is not realistic. We need to continue to invest in safe outdoor spaces, and managed encampments. We need to make sure that we are investing in medical respite beds and behavioral respite, sobering centers, places where individuals can go that are not necessarily congregate shelters,” Telles said.On Wednesday, a woman and her partner who has been unhoused for 4 years told KOAT they were cited on Thursday.”At the dog park for just having our belongings on property, even though we weren’t hindering the sidewalks. They had said that we had multiple shopping carts, blankets, wagons, clothing, backpacks, suitcases galore when we only had, we only had our own stuff,” she said.”We don’t do crime. We are trying to be housed. They finally found us a place but we have to wait for an opening to for a one bedroom,” she added.Stuart Dunlap, who owns The Man’s Hat Shop in downtown Albuquerque, believes the ordinance is a positive step for businesses in the area and expressed his support.”It’s a great thing. It’s been a long time coming. We’ve catered to this problem too long. The homeless have created a situation down here that is very unpleasant for visitors as well as people that work downtown and especially sleeping on the streets,” Dunlap told KOAT.Final steps include Mayor Tim Keller’s signature after the passage of the ordinance by City Councilors. Then, his administration will have to determine what they consider areas of concern in the City of Albuquerque to enforce the ordinance. On Wednesday, KOAT reached out to Mayor Tim Keller’s statement regarding the passage of the ordinance. They sent the following statement:Mayor Tim Keller’s office statement | May 6″The Administration remains focused on balancing public safety, access to public spaces, and compassionate outreach. Albuquerque’s approach to homelessness continues to prioritize shelter, behavioral health services, housing navigation, and outreach, not criminalizing homelessness.Existing City protocols require outreach, and warnings before enforcement actions are considered, and any implementation of this ordinance would need to align with the City’s legal obligations and public safety goals.” — Alex Curtas, Director of CommunicationsStay updated on the latest news with the KOAT app. Download here
Albuquerque City councilors passed “The Enhanced Service and Safety Zone Ordinance” on a 6 to 3 vote on Monday, May 5, 2026. The ordinance prohibits sitting, sleeping, or lying on public sidewalks, which has sparked debate over its impact on homelessness and public safety in Albuquerque.
MORE: Albuquerque ordinance prohibits sitting, sleeping or lying on public sidewalks
Since the passage of the legislation through city council, there have been calls for Mayor Keller to veto the ordinance, while others have been in support of it. On Monday, May 11, 2026, KOAT spoke with Mayor Tim Keller on whether he plans to sign or veto the legislation.
“There’s a couple of things on this. One is this particular piece of legislation— certainly both sides are very passionate about folks who want to see a safer sidewalk and literally just a city where they can move about without— whether it’s have to move around or ask for money and panhandling and all of those things,” Keller told KOAT.
“On the other side, these are people and they deserve help. Not to be criminalized and so forth. I completely appreciate both sides of that. I think the thing about this ordinance is that it actually is not that big of a deal to either side. It hardly does anything that is not already part of our process, but our process is to first always ask for help. That’s what we will do, no matter what,” Keller said.
The ordinance also allows the City to designate and manage “Enhanced Service and Safety Zones” aimed toward:
- Supporting economic vitality
- Enhancing public safety
- Improving the cleanliness and accessibility of public right-of-way
- Strengthening the overall quality of life in key commercial areas in the City of Albuquerque
- Under the ordinance, officers are required to issue a written warning before enforcing penalties, which include fines of up to $500 or 30 days in jail.
“We will offer services, we will offer help, and then we do have to enforce our laws. So, this actually is a very minor change. What we’re looking at is some legal questions. This actually might take the authority of the police department and move it to the city council. So some people might like that, some people might not,” Keller told KOAT.
“It has a veto-proof majority. So I’ll look at it and see if there’s a councilor who might want to change their vote or something like that for a little bit. But the bottom line is, it passed with six votes, which is enough to override my veto. So, I think I’m really not the most important like player in that process” Keller added. “We got to figure out how to do this in general for our city with compassion, but also making sure that we have a city that operates with respect to everyone feeling safe.”
Articles Not to Obstruct Sidewalks | 1974
On Monday, KOAT legal expert John Day explained the difference between Albuquerque’s existing law, “Articles not to Obstruct Sidewalks (§ 8-2-7-13),” and “The Enhanced Service and Safety Zone” proposed ordinance following arrests over the weekend.
The “Articles not to Obstruct Sidewalks” legislation has been part of Albuquerque’s city code since 1974, which prohibits placing goods, wares, or vegetation on sidewalks in ways that restrict pedestrian movement.
“Both of them could be used theoretically to address people who are camping or staying on a sidewalk. But one of them is specific to having articles, things, objects that block a sidewalk. The proposed ordinance would address sleeping or lying down on a sidewalk. So basically, the language of two different ordinances addressing two different issues,” Day said.
7 things to know: Albuquerque sidewalk rules, Meta Trial Day 3, Project Freedom paused
On Wednesday, May 6, 2026, KOAT spoke with Albuquerque City Councilor Joaquín Baca who sponsors the ordinance. KOAT also spoke with Albuquerque City Councilor Stephanie Telles. She is one of three City councilors who voted against it.
“It’s controversial because everybody’s trying to make it about one topic as opposed to this bill addressing several things—late night shootings being one of them, retaining our grocery stores downtown,” Baca told KOAT.
View ordinance, here
“We lost the pharmacy already. Grocery store is up for sale right now. I would argue that grocery store has an outsized impact, not just for the neighborhood, but for the city. Vandalism, broken windows, theft—After 12, there’s nothing good happening. You should get home,” Baca said.
“Homelessness is easily one of the biggest issues we have, not just in our city, but every city. Just by having unhoused folks hang out right at the front door, business stops. We have services for the unhoused, and a lot of them are not taking advantage of those services, and they’re not being helped by just being on the sidewalk,” Baca told KOAT.
City councilors who voted for and against
- Joaquín Baca (Yes)
- Dan Lewis (Yes)
- Klarissa Peña (Yes)
- Dan Champine (Yes)
- Renée Grout (Yes)
- Brook Bassan (Yes)
- Stephanie Telles (No)
- Tammy Fiebelkorn (No)
- Nichole Rogers (No)
“We do have shelters and we have done a very good job in the City by investing in the shelter services for our unhoused communities but better options are lower barrier, choice based alternatives,” Telles told KOAT. “When we hear, “well, we have shelters, people don’t have to homeless in Albuquerque, people don’t have to hungry in Albuquerque, again, we are judging other people’s choices, without knowing what their options really are.”
“So, being able to meet people where they are instead of making shelters the only doorway to help is not realistic. We need to continue to invest in safe outdoor spaces, and managed encampments. We need to make sure that we are investing in medical respite beds and behavioral respite, sobering centers, places where individuals can go that are not necessarily congregate shelters,” Telles said.
On Wednesday, a woman and her partner who has been unhoused for 4 years told KOAT they were cited on Thursday.
“At the dog park for just having our belongings on property, even though we weren’t hindering the sidewalks. They had said that we had multiple shopping carts, blankets, wagons, clothing, backpacks, suitcases galore when we only had, we only had our own stuff,” she said.
“We don’t do crime. We are trying to be housed. They finally found us a place but we have to wait for an opening to for a one bedroom,” she added.
Stuart Dunlap, who owns The Man’s Hat Shop in downtown Albuquerque, believes the ordinance is a positive step for businesses in the area and expressed his support.
“It’s a great thing. It’s been a long time coming. We’ve catered to this problem too long. The homeless have created a situation down here that is very unpleasant for visitors as well as people that work downtown and especially sleeping on the streets,” Dunlap told KOAT.
Final steps include Mayor Tim Keller’s signature after the passage of the ordinance by City Councilors. Then, his administration will have to determine what they consider areas of concern in the City of Albuquerque to enforce the ordinance. On Wednesday, KOAT reached out to Mayor Tim Keller’s statement regarding the passage of the ordinance. They sent the following statement:
Mayor Tim Keller’s office statement | May 6
“The Administration remains focused on balancing public safety, access to public spaces, and compassionate outreach. Albuquerque’s approach to homelessness continues to prioritize shelter, behavioral health services, housing navigation, and outreach, not criminalizing homelessness.
Existing City protocols require outreach, and warnings before enforcement actions are considered, and any implementation of this ordinance would need to align with the City’s legal obligations and public safety goals.” — Alex Curtas, Director of Communications
Stay updated on the latest news with the KOAT app. Download here
