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BayWalk seeks sidewalk control

St. Petersburg officials consider the request, which aims to restrict demonstrators.

By MELANIE AVE
Published April 14, 2005

[Times photo: Michael Rondou]

On Friday and Saturday nights, protesters have become a familiar sight outside BayWalk. Members of the International People's Democratic Uhuru Movement, shown here in November, demonstrated at BayWalk weekly for eight months after one of its members was arrested there.

ST. PETERSBURG - Hoping to ban demonstrators from BayWalk's main entrance, officials with the entertainment complex want the city to grant them control of the sidewalk in the area.

City Council members have asked administrators to study BayWalk's request, which would convert the sidewalk on the north side of the Second Avenue N, between First and Second streets, into private property.

Craig Sher, president and CEO of the Sembler Co., which owns and manages BayWalk, said moving protesters was among the recommendations that grew out of three recent community forums held to address a January fracas among teens at the complex.

Sher said protesters have hurt businesses and jeopardized public safety. Pedestrians have been pushed or fallen into the street to avoid demonstrators congregating on the sidewalk, he said.

"There have been lots of near misses," Sher said. "There's been screeching brakes and swerving cars. We want our business to thrive and have our customers come in unimpeded."

But St. Petersburg civil rights attorney Marcia Cohen worries granting blanket control of the sidewalk to BayWalk could squelch protesters' constitutional rights.

City laws allow police to keep sidewalks passable and safe, she said.

"How come the police are not controlling that?" Cohen asked. "I think the city should tread very carefully here."

Sher said he doesn't think the city would violate free speech rights by relinquishing control of the sidewalk. "This is not a First Amendment issue," he said. "There are plenty of places along BayWalk for protesters to do their thing."

Mark Winn, the city's chief assistant city attorney, said the city has the legal authority to give control of the sidewalk to BayWalk. He said BayWalk's request is not unusual and the city must determine whether it will need the public right of way now or in the future.

He noted the city often has given control of alleys and streets to residents, businesses and developers to keep out trespassers or give them more room for projects. For example, the city gave both the St. Petersburg Yacht Club and the Florencia condominium tower control over a portion of First Avenue N.

Since BayWalk opened in 2000, protesters have gathered along the Second Avenue N sidewalk, usually on Friday or Saturday nights. People must pass the demonstrators to get from a nearby parking garage to BayWalk.

The International People's Democratic Uhuru Movement demonstrated at BayWalk weekly for eight months after one of its members was arrested there. It stopped after BayWalk officials agreed to loosen their code of conduct. The anti-war group, St. Pete for Peace, began staging protests during the buildup to the war in Iraq.

"It's the only place in downtown that's vibrant," said Jay Alexander, a member of St. Pete for Peace. "It's more exposure."

The anti-war group typically has 15 to 50 people at BayWalk. It recently scaled back its presence from weekly to twice a month, on Saturdays between 7 and 9 p.m.

Chris Ernesto, one of the peace group's organizers, said he thinks the battle has been fought and won against limiting protesters at BayWalk.

In July, city officials canned a controversial proposal to bar protesters from BayWalk and Tropicana Field. It would have created "no protest zones" and prohibited demonstrations on the north side of the Second Avenue N sidewalk, among other areas.

"At this juncture we are bestowing our confidence with the City Council to side with the Constitution," Ernesto said. "It's a public sidewalk. It's for use by the public, which includes protesters as defined by our Constitution."

Many council members acknowledged they are wary of giving up control of a sidewalk to move protesters.

"There are a lot of ramifications," council member Virginia Littrell said. "If we do it for BayWalk, do we do it for everyone? In St. Petersburg we try to make sure we treat everyone equally."

Council member James Bennett said he sympathizes with BayWalk officials, but would prefer exploring the idea of closing Second Avenue N to traffic, temporarily on weekends, or permanently.

"Legislating for one part of the sidewalk, I'm not necessarily in favor of doing," Bennett said.

"I don't know if we're ready to cross that bridge."

Council member Jay Lasita, who is undecided on the issue, said he's more amenable to selling the public property to BayWalk instead of just handing it over. "That way it becomes a business transaction," he said.

[Last modified April 14, 2005, 01:14:09]