Portland City Council sends median ban proposal to committee

Portland City Council Advances Median‑Stand Ban After Fatal Accident

Portland, Maine – In a move that could alter how pedestrians and motorists navigate the city’s busiest corners, the Portland City Council on Monday approved a draft ordinance that would prohibit standing, sitting, or parking on medians narrower than five feet. The proposal, which targets 17 intersections—including the site of a June 16 fatality—was forwarded to the sustainability and transportation committee with a 7‑1 vote.

The ordinance, still in draft form, bars “standing, sitting, staying, driving, or parking on flush medians or raised medians” that are less than 5 ft wide, except when a person is actively crossing the street. Among the targeted sites are the narrow sloped median on Marginal Way, where 27‑year‑old Jason Ayers, a well‑known local panhandler, was struck and killed by a vehicle while standing. The list also includes intersections on Preble, Franklin, Congress, Riverside, Auburn, Forest, and Brighton streets, many of which experience frequent panhandling.

Councilor Wes Pelletier, who has long opposed the proposal, cast the sole “no” vote to keep the measure out of committee. “I do not believe that the mayor who so frequently mocks and belittles homeless people is all of a sudden concerned about the safety of panhandlers,” Pelletier said during the session. He added that the ordinance appeared to be a response to public pressure rather than a safety initiative.

Mayor Mark Dion, who defended the measure as a Vision Zero‑aligned effort to reduce pedestrian injuries, countered that the idea he pursued the ordinance because of Ayers’ death is “just not factual.” He explained that he and a law intern had begun researching the issue in June, before the fatal accident. “The proposal is about the safety of pedestrians,” Dion said. “It’s in line with Portland’s Vision Zero goals.”

Other councilors offered a range of opinions. Councilor Sarah Michniewicz praised the committee review, stating the changing nature of traffic makes lingering on medians “more unsafe than ever.” She noted the ordinance could be a useful tool if the language is carefully crafted. Councilor Kate Sykes, a longtime advocate of Vision Zero, argued that the initiative should focus on redesigning intersections rather than punishing pedestrians, adding, “For so long it’s been it’s the pedestrian’s fault.” Regina Phillips, chair of the sustainability and transportation committee, expressed frustration at what she described as disrespectful comments from Pelletier, saying the committee “talks every month about this issue.”

The debate also touched on the city’s prior attempts to limit panhandling on medians. In 2013, Portland passed a ban that was struck down by the state Supreme Court a year later after a challenge by the American Civil Liberties Union of Maine. A federal judge reaffirmed that ruling in 2015, and the city subsequently removed the aggressive panhandling prohibition from its code following the 2014‑15 litigation.

Myles Smith, chair of the city’s bicycle and pedestrian advisory committee, said he remains open to the proposal but favors evidence‑based solutions such as lower speed limits and improved after‑crash response protocols. “Those measures would actually save lives,” Smith noted.

The public’s reaction was mixed. Jane Dawson, a community organizer on Preble Street, warned that the proposal “shouldn’t be forwarded under the guise of pedestrian safety measures.” In the hearing, Mayor Dion limited public comment to whether the ordinance should be referred to committee and cut off remarks concerning the wording of the draft. Pelletier labeled this restriction “absurd.”

The draft list of intersections is publicly available and includes the 28‑inch‑wide sloped median on Marginal Way where Ayers was killed. The ordinance’s proponents argue it will deter people from lingering in hazardous spots, while opponents fear it could push vulnerable populations, such as panhandlers, into more dangerous or isolated areas.

The sustainability and transportation committee is scheduled to review the draft in a future session. If the ordinance moves forward, it will be the first time in over a decade that Portland’s city code addresses median use in a way that could have significant implications for public safety and street design. The debate reflects a broader conversation about how the city balances the protection of pedestrians, the rights of homeless residents, and the practical realities of urban traffic flow.