The Fresno City Council has passed, with a 6-1 vote, an ordinance that will remove homeless people from median islands while allowing established community groups to continue using the space for their fundraisers. Bill Simon, the chairperson of the Greater Fresno American Civil Liberties Union, called the measure discriminatory.

Simon said, "Perhaps Mr. Westerlund was well intentioned when he proposed this median safety ordinance, but on its face it has a discriminatory intent and motive against poor people, especially against the homeless while protecting two popular fundraisers - The Fresno Bee Day for Children's Hospital and the Firefighters fundraiser. But, the equal protection guaranteed by the Constitution does not allow one set of rules for some people and another set for others. Equal treatment means everyone or no one. If fundraising on a median is unsafe for some, then it is unsafe for all."

Fresno City Council member Larry Westerland defended his ordinance, saying that if "somebody who wanted to, up to one time every six months, they would be able to come in and there would be a form they would fill out, a one page form, it would be like here is my name, here is the median I would like to occupy on this date, whatever that date would be. We talked about a 48 hour notice before going out there." Westerlund's ordinance would require the applicant to pay a filling fee, provide proof of insurance, and require the use of a brightly colored vest.

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