Talking Headways Podcast: Sidewalk Nation - Streetsblog USA

"Are we free on the sidewalk? We are freer than we might think, but also more subject to being made un-free than we might think. So again, it's public space, or at least it is private space with a public easement, and so the Constitution applies. We have rights to speak. We have rights to protest. We have our First Amendment rights. We have our Fourth Amendment rights to be free from unreasonable searches and seizures by the police. I don't get into this in the book, but sidewalks also raise Second Amendment concerns about the freedom to carry weapons openly or concealed."

"So we have our constitutional rights on the sidewalk, and yet the law, the constitutional law, as well as what cities have in fact done, has limited all of those rights, sometimes in the name of public order, as we were discussing before, and sometimes in the name of protecting the adjacent property owners. So for example, you do get to protest and picket on the streets, but the courts have said it's okay sometimes if a municipality says you're not allowed to do that in a residential neighborhood. Sometimes that's gonna be upheld."

"Pollack discusses who manages, owns and feels ownership of sidewalks, and advocates for a department dedicated to them. We also talk about the nexus between sidewalks and roads, the impact of the Americans with Disabilities Act and Denver's successful funding and maintenance referendum."

Sidewalks function as public space or private space with public easements, so constitutional protections apply. People can exercise First Amendment rights on sidewalks, including speaking and protesting, and Fourth Amendment protections against unreasonable searches and seizures. Sidewalks also raise Second Amendment questions related to carrying weapons openly or concealed. Legal rules and city actions can limit these rights, often citing public order or protecting adjacent property owners. Sidewalks connect to roads through shared governance and funding responsibilities. The Americans with Disabilities Act affects sidewalk accessibility and compliance. Denver used a funding and maintenance referendum to support sidewalk upkeep and management.

Read at Streetsblog USA