Dylan Brogan
“I was wondering whether the cops would say anything to me,” Brian Schwartz says of the crackdown.
How did Brian Schwartz spend his last day of summer break? Lounging in a hammock on State Street.
“I’m enjoying my last few moments of freedom before I go to school,” says Schwartz, a junior at Edgewood High who is back at school this week.
Schwartz could be seen kicking back in his hammock on several occasions this summer. His go-to spot was between two trees outside the Red Elephant Chocolate Café on the 100 block of State Street.
“There are only a few places [on State Street] where the trees are the right distance apart to put up a hammock,” explains Schwartz. “I like being downtown. I like watching people.”
But while Schwartz was free to enjoy the summer breeze undisturbed, just around the corner from him, a crackdown has been underway. Police have been writing tickets for “occupy[ing] any flower bed or area of plantings” to homeless individuals who refuse to leave the planter behind the outdoor stage on State Street — a subsection of the city’s damaging tree ordinance (Sec. 23.24 (02), Madison General Ordinances). It's part of an effort spearheaded by Mayor Paul Soglin to push back on “bad behavior” downtown.
“I was wondering whether the cops would say anything to me,” Schwartz says of the crackdown. “You always see a bunch of them just down the block. But they just drive right by and leave me alone.”
That’s not to say that Schwartz escaped notice. “A few people have asked me what I was doing here. Most were nice about it,” he says. “Every once in a while a stuck-up asshole would yell, ‘You can’t do that!’”
Assistant City Attorney Amber McReynolds says Madison doesn't have “hammock laws” per se. “There are laws about injuring trees. Laws about placing items on sidewalks,” says McReynolds. “There is also the obstructing streets and sidewalk ordinances. It all depends on the circumstances.”
McReynolds says it’s up to the discretion of police officers to decide whether Schwartz’s hammock lounging is running afoul of the law.
“As far as I know, no tickets have ever been issued regarding this specific scenario,” says McReynolds.
Police officer Kraig Kalka — who was on State Street while Schwartz was occupying a hammock — didn't see a reason to respond.
“We haven't received any calls or complaints,” says Kalka.
Although Schwartz is back in school, his usual hang-out is no longer ideal for a hammock. A week after he returned to class, the city moved a large potted plant in between his favorite two trees.
