BIDDEFORD — A proposal to ban panhandling and other activity on median strips in Biddeford, which is scheduled to be decided on Tuesday, could be put on hold in light of a lawsuit against a similar ordinance in Portland.

On Tuesday, three people, two described as political activists and one described as a homeless person, filed suit in federal court against a Portland law that prohibits people from asking for money and most other actions while on median strips.

An ordinance that received initial approval on Sept. 17 in Biddeford would ban people from being on median strips except to cross the street. The issue is set for a second and final vote on Tuesday, but it could be tabled, said Biddeford City Manager John Bubier.

Many have termed the ban in Portland, the proposed ban in Biddeford, one in Lewiston and similar bans being considered in other Maine communities, as attempts to “criminalize homelessness,” as described by Biddeford Councilor Richard Rhames earlier this month.

With economic recovery still elusive in Maine, Biddeford, Portland and other communities are seeing more people in the public way asking others for money.

The proposed ban in Biddeford isn’t about stopping people from asking for money, said Bubier.

“The ordinances doesn’t say you can’t stand on the sidewalk and ask for money,” he said, “That’s an abridgment of free speech.

“We have argued from the get-go, this is about public safety,” said Bubier.

In Biddeford, panhandlers can often be seen standing on narrow median strips in heavily trafficked areas like Route 111 near the Maine Turnpike entrance and Walmart.

“That is not designed as a place for public articulation,” said Bubier. The city has a “duty” to create a safe environment on the roadways for both those who would want to stand on median strips and those on the roadways.

“In some places, you’ve got to be practical,” he said.

But American Civil Liberties Union of Maine spokeswoman Rachel Healy said the organization is concerned that the Portland ordinance “is unconstitutionally broad.”

The ACLU is one of the organizations representing those suing the City of Portland.

“Medians have traditionally been places where people have gone to express themselves,” said Healy.

The Portland ban, she said, prohibits any activity other than road crossing on any median strip whether it’s two feet or 50 feet wide, medians with benches, or other types of medians.

It “prohibits peaceful, non-threatening behavior,” said Healy. It applies to anybody, whether homeless, panhandling or being a member of a sports team soliciting money for their athletic program.

While she recognizes there could be safety concerns regarding some activities on some median strips, said Healy, she said she believes it’s possible to come up with language to balance safety without infringing on constitutional rights.

“Our hope,” said Healy, “is the court agrees that (the Portland ordinance) is unconstitutionally board and that other cities adjust their ordinances accordingly.”

— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or dmendros@journaltribune.com. The Associate Press contributed to this report.