Earlier this year, New Mexico retained its dubious distinction as the deadliest state for pedestrians — for the sixth year running.
In 2021, 103 pedestrians were killed in crashes, the most ever recorded in the state. The Albuquerque area also hit a record high of 49 pedestrian fatalities last year.
It’s a bad trend that demands action. The city of Albuquerque adopted a pedestrian safety ordinance in 2017 that made standing in medians illegal, but a federal judge ruled it violated free speech protections because it was “not narrowly tailored to meet the city’s interest in reducing pedestrian-vehicle conflicts.” The US 10th Circuit Court of Appeals last year upheld Judge Robert Brack’s ruling.
A pedestrian safety ordinance is still sorely needed. The American Civil Liberties Union has long argued it’s unconstitutional for municipalities to prohibit people from begging for money in public spaces because it’s a form of free speech. So the challenge appears to be crafting something that protects people on foot without appearing to target panhandling.
Enter an updated version of the ordinance, sponsored by City Councilors Isaac Benton and Brook Bassan on behalf of Mayor Tim Keller. It no longer bans people in cars from engaging “in any physical interaction or exchange with a pedestrian” and does not ban occupation of areas within 6 feet of highway entrance and exit ramp travel lanes.
A city spokesman said this new proposal represents “common-sense regulations” and is responsive to specific Court of Appeals’ concerns the city “not burden substantially more speech than necessary to further its interest in pedestrian safety.”
The new proposed ordinance specifically bars individuals from standing in or entering street and highway travel lanes unless they are “legally crossing.” It also prohibits using or occupying medians on 30 mph or faster roads where there is not a flat surface at least 4 feet wide.
Benton says he thinks this version will hold up in court, as it applies to anyone in medians, including those conducting fundraisers. “If they’re doing it on a 2- or 3-foot-wide median in heavy traffic, that’s just not a safe situation.”
Violations would be petty misdemeanors punishable by up to a $100 fine, though warnings can be given in lieu of citation or arrest. It also names the new Albuquerque Community Safety Department, not police, as the “preferred” responder.
“Most significantly, the City limited the scope of the new ordinance,” spokesman Babaak Parcham said in a written statement. “The ordinance only prohibits people from standing on dangerous medians that are four feet or narrower. This change is designed to protect both pedestrians and the traveling public, while also allowing for protected speech.”
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Let’s hope this new version can withstand a potential legal challenge. You don’t have to be a traffic engineer to understand you can reduce the potential for tragedy by not allowing people to balance on narrow medians in high-speed roadways.
This editorial first appeared in the . It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.
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