Bike Blog

Public Spaces Bylaw - A cycling Perspective

Written by Aaron Budnick | Jan 29, 2025 10:50:56 PM

The Public Spaces Bylaw (Bylaw 20700) claims to improve public safety, but in reality, it targets vulnerable communities while ignoring those who are most dangerous in public spacesβ€”drivers. This bylaw criminalizes survival, duplicates existing laws, enforces vague restrictions, and increases over-policing without offering real solutions.

Read more about why we believe the ban on sidewalk cycling is misguided.

Let's be clear, though there are new fines related to sidewalk cycling, these bylaws will mostly not be directed at the majority of cyclists. These fines are intended to be deployed against the most vulnerable amongst us, and will do little, if anything at all, to improve safety for anyone in the public realm. Additionally, if the data provided by administration is accurate (that sidewalk riding is less safe for cyclists themselves), then the multi-use paths being constructed as part of the Active Transportation Network Rapid Expansion program are also unsafe (they are effectively wide sidewalks that have every issue that was idenitfied in attachment 8). You can learn more about why we think banning cycling on sidewalks in unjust and inappropriate here.

Beyond cycling specific changes, this bylaw claims to address public safety, and perceptions of public safety, yet does nothing at all to alleviate the root causes that lead to crimes of desperation, nor does it address the single largest cause of safety incidents in the public realm.

This bylaw will make safety worse in the City of Edmonton, let's explore why.

🚘 Missed Opportunity: Driver Accountability

The bylaw unfairly targets pedestrians, cyclists, and transit users while ignoring driver infractions. Key missing provisions include:
βœ… Illegal parking in bike lanes, crosswalks, and sidewalks
βœ… Blocking intersections and bus stops
βœ… Failing to yield to pedestrians and cyclists
βœ… Vehicular intimidation (rolling forward aggressively, honking at pedestrians)
βœ… β€œDooring” cyclists by opening car doors without checking
βœ… Speeding in pedestrian-heavy zones, school areas, and transit corridors
βœ… Hit-and-run penaltiesβ€”even without injury

Right now, this bylaw treats a cyclist on a sidewalk as more dangerous than a driver blocking a crosswalk or a car rolling aggressively toward a pedestrian. Public safety is not just about pedestrians and cyclists following rulesβ€”it must include drivers, who impose the greatest harm on others in public spaces.

🚨 5 Major Concerns: Why This Bylaw is Harmful

1️⃣ Potential Inequities for Marginalized Groups

This bylaw disproportionately harms unhoused individuals, racialized communities, and low-income Edmontonians:
βœ… Criminalizes sleeping in parks despite inadequate shelter space
βœ… Penalizes loitering in transit stations without considering cold-weather survival
βœ… Bans temporary shelters without alternative housing solutions
βœ… Fines scavenging for food or recyclables, criminalizing poverty
βœ… Restricts public gathering with vague β€œinterference” language
βœ… Lacks clear protections for free speech and peaceful protest
βœ… Criminalizes public urination, despite a lack of 24/7 public washrooms
βœ… Expands fines without offering non-monetary alternatives for those who can’t pay
βœ… Increases discretionary enforcement, leading to racial profiling
βœ… Targets pedestrians and cyclists while allowing drivers to create hazards

2️⃣ Redundancies with Existing Legislation

Many infractions are already illegal under federal and provincial law, making extra enforcement unnecessary:
βœ… Public intoxication is already covered under provincial law
βœ… Loitering and public obstruction are addressed in the Criminal Code
βœ… Urination and sanitation issues fall under the Public Health Act
βœ… Public disturbances and disorderly conduct are already illegal
βœ… Scavenging laws criminalize what is often a survival tactic
βœ… Trespassing rules already exist in Alberta law
βœ… Graffiti and property damage are already criminal offenses
βœ… Cycling regulations are covered under the Traffic Safety Act
βœ… Existing police authority is sufficient without bylaw duplication
βœ… Double-penalization creates confusion and increased legal burdens

3️⃣ Restrictions on Activities Without Safe Alternatives

This bylaw bans behaviors without first ensuring safe, accessible alternatives:
βœ… Bans cycling on sidewalks without building protected bike lanes
βœ… Fines sleeping in parks despite a lack of 24/7 shelter options
βœ… Penalizes loitering in transit stations without offering warming spaces
βœ… Criminalizes public urination without adequate washrooms
βœ… Bans scavenging without addressing food insecurity
βœ… Restricts free movement without investing in pedestrian-friendly infrastructure
βœ… Fines small-scale vending and solicitation, affecting those in poverty
βœ… Lacks exceptions for emergency or medical situations (e.g., washrooms)
βœ… Ignores seasonal realitiesβ€”cold weather survival isn’t loitering
βœ… Forces people into unsafe conditions instead of solving urban mobility issues

4️⃣ Ambiguities Leading to Enforcement Challenges

Vague language allows for racial profiling, selective enforcement, and legal confusion:
βœ… β€œUnreasonable interference” is undefined and allows for biased application
βœ… β€œLoitering” is subjective and disproportionately affects unhoused people
βœ… Restrictions on public gatherings and speech could silence protestors
βœ… Broad police discretion leads to unfair enforcement against marginalized groups
βœ… Failing to define public intoxication increases over-policing risks
βœ… No clear exceptions for public necessity (e.g., lack of washrooms)
βœ… β€œAggressive solicitation” is too vague, leading to arbitrary crackdowns
βœ… Overuse of bylaw officers instead of outreach services increases harm
βœ… Fines rely on monetary penalties rather than restorative justice
βœ… The lack of public oversight on enforcement increases risks of abuse

5️⃣ Potential for Over-Policing

Instead of helping communities, this bylaw expands police interactions for minor offenses:
βœ… Over-polices unhoused people while failing to address root causes
βœ… Targets racialized and low-income individuals through loitering laws
βœ… Increases interactions with law enforcement for minor infractions
βœ… Uses fines that create financial hardship and cycles of debt
βœ… Focuses on enforcement over harm reduction services
βœ… Criminalizes poverty instead of offering support
βœ… Expands police presence in public spaces without justification
βœ… Allows for bias in ticketing and arrests
βœ… Disproportionately affects youth, gig workers, and transit riders
βœ… Fails to reduce harmβ€”only shifts responsibility to policing instead of solutions

Conclusion

⚠️ A Broken System: What Edmonton Must Do Instead

βœ… Pause this bylaw and conduct an proper equity review
βœ… Ensure fines for drivers are no lower than those for pedestrians and cyclists to actually make public spaces safer
βœ… Expand protected bike lanes before banning sidewalk riding, while allowing sidewalk riding in low pedestrian zreas or high traffic areas that do not have protected infrastructure or adequate snow clearing
βœ… Fund more 24/7 public washrooms before criminalizing public urination
βœ… Invest in shelters and harm reduction before penalizing survival behaviors
βœ… Replace punitive fines with restorative justice and community service options
βœ… Ensure bylaw enforcement does not disproportionately target marginalized communities

This bylaw, in its current form, fails to make public spaces safer. Instead of targeting those who impose the least harm while ignoring those who impose the most, Edmonton must revise this bylaw to ensure fairness, accountability, and equity for all residents.