BIDDEFORD — Panhandlers and others are free to stand in the median strips in Biddeford, for the time being.

A scheduled vote on a proposal to ban all activity on median strips within city limits, except to cross the street, was tabled on Tuesday.

In recent months, there have been several people seen panhandling in median strips at busy intersections, such as those near the Maine Turnpike entrance and Route 111 and the Walmart entrance, also on Route 111.

The proposal was given initial approval on Sept. 17.

Last week, however, a lawsuit was filed against a similar measure that was approved in Portland in July.

Councilor Michael Ready, who had originally voted in favor of the measure in Biddeford, made the tabling motion, saying, “Our ordinance is based almost word for word” on the Portland ordinance.

He said the city should wait until the court rules on the Portland case before reconsidering a ban on activity in median strips.

In both cities, those supporting the median strip prohibition said they did so because of safety concerns. People standing on median strips asking for money could cause a traffic hazard, said City Council President Rick Laverierre, who called it “an accident waiting to happen.”

“It’s a safety issue,” said Ready.

“We have argued from the get-go, this is about public safety,” said City Manager John Bubier, during an interview in his office.

But others have a different view.

The ordinance is an attempt to “criminalize homelessness,” said Councilor Richard Rhames, who said the proposal was an attack on the poor “couched as a safety issue.”

The Portland ordinance “is unconstitutionally broad,” said American Civil Liberties Union of Maine spokeswoman Rachel Healy.

The ACLU is representing the three people who are suing the City of Portland. Two of those who filed the suit are characterized as political activists and the other is said to be a homeless person.

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

The Portland ordinance “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 an athletic program.

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

— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or [email protected].