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Record of Proceedings

Work Session on Ordinance 2026-10: Anchorage Public Spaces Safety (Jan 23, 2026)

Assembly & Committee Meetings — Friday, January 23, 2026
BodyAnchorage, Alaska
SessionAssembly & Committee Meetings
DateFriday, January 23, 2026
StatusFILED
Video Record
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0:04

All right, everyone, let's call this work session to order.

0:07

Today is Friday, uh January 23rd.

0:09

Um, uh, this is uh Vice Chair Brawley.

0:12

I'll be running the work session today as Mr.

0:13

Constant is out of town.

0:15

Um, and so first we'll do introductions.

0:17

Oh, and and this is um the work session is on AO 2026 10, an ordinance of the Anchorage Municipal Assembly to promote safe public spaces by amending uh code chapters 810 and 830 to expand prohibitions on unsafe and inappropriate conduct and provide criminal penalties.

0:32

So that's what we're talking about today.

0:34

We'll do introductions and then we'll turn it over to our presenters.

0:37

And I will also note for folks watching online, um, there is a presentation that you can download um on the website, and then members have it in their email.

0:44

Uh so first we'll start in the room.

0:46

Go ahead, Mr.

0:46

Thompson.

0:47

Zach Johnson, Scott Myers.

0:49

Anna Brawley.

0:50

And then on the phone, we have uh Mr.

0:52

Martinez.

0:55

Yes, thank you.

0:56

Ms.

0:56

Baldwin Day.

1:00

Thank you.

1:00

And Mr.

1:01

Gerker.

1:05

Yes, present.

1:06

Thank you.

1:07

Great.

1:07

And any other members I missed.

1:10

Okay, uh, we'll keep an eye on that.

1:12

And then again, uh, folks on the phone just text me to get in the queue.

1:15

And we also have uh members of the administration who will introduce themselves shortly, and also in the back, uh members of the public, assembly council, and clerk's office.

1:24

So with that, uh let's move on and I will turn it over to Chief Case or maybe Ms.

1:28

Gardner, whoever would like to start.

1:30

Thank you.

1:31

Umunicipal attorney Eva Gardner, and up here we've got uh Chief Case from APD and Dennis Wheeler, municipal prosecutor.

1:36

Uh so we'll all be available to answer questions if you have them.

1:40

Uh so this ordinance, AO 2026 10, is designed to promote safety in public spaces by closing some gaps that we noticed in our Title VIII uh penal code and refine some of the tools that existed in there to better match the situations that law enforcement officers actually see on the ground.

1:57

Um go to the first slide.

2:01

So it does it touches two sections of code.

2:04

The first one is AMC 81080, which is the section on indecent exposure.

2:09

And what this does is add a new section that makes it uh misdemeanor crime to expose your genitals in a public place.

2:17

Um, you might think this is already illegal, but the way that the law is currently drafted, you need a victim to enforce this, you essentially need a victim available to testify as a witness in a proceeding in order to pursue and really uh succeed on charges if they need to be brought.

2:33

Um, and that in practice is a little bit difficult because often people don't want to stick around when somebody is exposing themselves at them.

2:39

And we have seen this um issue come up a few times where you know the kind of the victim gets away from there and somebody else sees it, but the code requires the witness to have been offended.

2:50

Um that's how the courts tend to interpret it.

2:52

And so if you have, you know, let's say uh a witness who was not personally offended by it, then they aren't really going to be helpful in promoting uh prosecution of these charges.

3:03

So this one broadens it um to just acknowledge that it is actually inappropriate to expose yourself uh in a public place where other people can see you.

3:11

Uh and there are some exceptions for adult uh establishments to ensure that those are still able to operate uh legally.

3:19

Um next slide.

3:21

And the next section of code that it touches is the section on disorderly conduct in AMC 830120.

3:27

And disorderly conduct is kind of the this isn't in the section of code on crimes against public order, and this is what I think of as the grab bag of things that you shouldn't be doing in public that don't quite fit anywhere else.

3:38

Um, and we're adding a modifying a few sections in here, uh fine-tuning and expanding the section on sexual conduct in public, um, adding a prohibition on threatening or menacing behavior, and uh modifying the section on spitting or transferring bodily substances onto another person and public and we're adding a new section on public intoxication.

3:59

Next slide.

4:01

So I'll go through each one of these one by one.

4:03

So sexual conduct in public, a little bit uh inexplicably code currently prohibits only consensual sexual penetration in public.

4:13

It doesn't prohibit any other kind of sexual conduct in public, and it also doesn't explicitly the inclusion of the word consensual actually poses some difficulties to prosecution if you have a kind of a questionable interaction where you're not quite sure if it's consensual or not, or maybe you think you're pretty sure it's not, but it's not quite high enough, like the proof isn't quite there for the state to prosecute as a felony rape.

4:37

Then we are in this weird position where do we have to bring charges that it was consensual, which is very uh offensive to the victim, perhaps in that case.

4:45

So removing the word consensual um and then adding a new section that broadens this prohibition to include a much wider range of sexual conduct and to get what that's the description of that additional sexual conduct.

5:00

We looked at the other section of code on exhibitions harmful to minors and pulled a few of the provisions out of there.

5:04

You can see them on the slide.

5:05

And the idea here is that if you shouldn't be doing it in front of children, you really shouldn't be doing it in a public place because all kinds of people come in public places, including children.

Discussion Breakdown — Share of Meeting
Public Safety█████████████████████████████████████████████79%
Public Engagement█████████16%
Procedural██3%
Technology and Innovation█2%
Summary of Proceedings

Work Session on Ordinance 2026-10: Anchorage Public Spaces Safety (Jan 23, 2026)

On January 23, 2026, Vice Chair Anna Brawley convened a work session of the Anchorage Municipal Assembly to review Ordinance 2026-10, a proposed amendment to Title VIII of the municipal code. The ordinance aims to close enforcement gaps in existing penal codes regarding indecent exposure, public sexual conduct, threatening behavior, spitting, and public intoxication. Municipal Attorney Eva Gardner, Chief Case, and Prosecutor Dennis Wheeler presented the legal framework, emphasizing that the changes are designed to better align statutes with on-the-ground law enforcement realities, shifting the focus from merely prohibiting conduct to enabling actionable penalties and improved compliance.

Consent Calendar

  • No items were presented or voted on during this work session; the meeting was focused entirely on the discussion of Ordinance 2026-10.

Public Comments & Testimony

  • No public testimony was given during this session. Members of the public were present in the room, but the floor was not opened for public comments prior to the staff presentation and subsequent member questions.

Discussion Items

  • Indecent Exposure (AMC 81.080): Municipal Attorney Gardner explained that current law requires a victim to be personally offended and available to testify, which effectively blocks prosecution when the initial witness flees. The ordinance broadens this to criminalize exposure regardless of the witness's personal offense, provided the act is in a public place. Exceptions remain for adult establishments.
  • Public Sexual Conduct (AMC 83.0120): The assembly discussed removing the requirement that sexual conduct be "non-consensual" or "penetrative" to be illegal, as this creates prosecutorial difficulties. The new language adopts prohibitions similar to "exhibitions harmful to minors" to prevent any sexual conduct inappropriate for a public setting containing children.
  • Threatening and Menacing Conduct: Chief Case and Attorney Gardner provided examples, such as a person acting erratically with a baseball bat near a playground without making a specific threat to an individual, which currently does not meet assault thresholds but drives people from public spaces. The ordinance targets conduct that unreasonably interferes with others' lawful use of public areas.
  • Spitting and Bodily Substances: The group noted the widening of the prohibition from merely spitting on public servants to spitting on any individual without consent, lowering the threshold from an "A misdemeanor" (requiring reckless disregard) to a "B misdemeanor."
  • Public Intoxication: Members questioned the interplay between local ordinances and state laws regarding the criminalization of status. Gardner clarified the new provision creates a crime of "public intoxication plus"—intoxication in a high-priority area (sidewalk, park, school) plus either interference with others or refusal of offered transport/services. Chief Case emphasized that this targets behavior interfering with safety, not the status of intoxication itself, and noted that incapacitation holds (Title 47) remain distinct from this new enforcement tool.
  • Enforcement and Workload: Chief Case estimated the ordinance would likely result in a "wash" or slightly increased workload, as arrests take longer than current warnings but reduce time spent managing unresolved disturbances. He highlighted that officers currently spend significant time moving problem individuals who then simply return.
  • Data Transparency: Council Member Silvers asked about a data dashboard similar to the camping ordinance. Chief Case stated a real-time dashboard is currently unavailable due to the migration to a new records management system, but periodic reports on public safety and safety statistics will be provided.
  • State-Local Partnership: Attorney Gardner provided an update on four joint focus areas with the state: retail theft (with new cross-designated prosecution units), quality-of-life crimes, drug enforcement, and domestic/sexual violence.
  • First Amendment Concerns: Council Member Silvers raised concerns about peaceful protest involving shirtlessness. Gardner and Wheeler affirmed that exposing genitals is not protected speech and that the ordinance is specifically drafted to target genitals, avoiding broad restrictions on expression.

Key Outcomes

  • Next Step: The ordinance (AO 2026-10) has been scheduled for the Assembly's public hearing on Tuesday, January 27, 2026, for debate and potential vote.
  • Implementation Strategy: The Police Department indicated a two-month education and outreach period will precede enforcement, mirroring the approach taken with the camping ordinance.
  • Discretionary Application: Prosecutors affirmed that cases involving individuals with mental health issues (e.g., dementia) or those without a home who are simply using the restroom discreetly will likely be declined for prosecution or diverted to therapeutic courts and service providers rather than arrested.
  • Financial Impact: Chief Case stated no significant additional financial outlay is anticipated, as diversion services and jail contracts are already funded.
  • Clarification of Scope: The assembly confirmed the ordinance does not criminalize public urination/defecation unless genital exposure occurs, and it does not criminalize intoxicated individuals leaving bars if they are getting transport safely.

Meeting Transcript

All right, everyone, let's call this work session to order. Today is Friday, uh January 23rd. Um, uh, this is uh Vice Chair Brawley. I'll be running the work session today as Mr. Constant is out of town. Um, and so first we'll do introductions. Oh, and and this is um the work session is on AO 2026 10, an ordinance of the Anchorage Municipal Assembly to promote safe public spaces by amending uh code chapters 810 and 830 to expand prohibitions on unsafe and inappropriate conduct and provide criminal penalties. So that's what we're talking about today. We'll do introductions and then we'll turn it over to our presenters. And I will also note for folks watching online, um, there is a presentation that you can download um on the website, and then members have it in their email. Uh so first we'll start in the room. Go ahead, Mr. Thompson. Zach Johnson, Scott Myers. Anna Brawley. And then on the phone, we have uh Mr. Martinez. Yes, thank you. Ms. Baldwin Day. Thank you. And Mr. Gerker. Yes, present. Thank you. Great. And any other members I missed. Okay, uh, we'll keep an eye on that. And then again, uh, folks on the phone just text me to get in the queue. And we also have uh members of the administration who will introduce themselves shortly, and also in the back, uh members of the public, assembly council, and clerk's office. So with that, uh let's move on and I will turn it over to Chief Case or maybe Ms. Gardner, whoever would like to start. Thank you. Umunicipal attorney Eva Gardner, and up here we've got uh Chief Case from APD and Dennis Wheeler, municipal prosecutor. Uh so we'll all be available to answer questions if you have them. Uh so this ordinance, AO 2026 10, is designed to promote safety in public spaces by closing some gaps that we noticed in our Title VIII uh penal code and refine some of the tools that existed in there to better match the situations that law enforcement officers actually see on the ground. Um go to the first slide. So it does it touches two sections of code. The first one is AMC 81080, which is the section on indecent exposure. And what this does is add a new section that makes it uh misdemeanor crime to expose your genitals in a public place. Um, you might think this is already illegal, but the way that the law is currently drafted, you need a victim to enforce this, you essentially need a victim available to testify as a witness in a proceeding in order to pursue and really uh succeed on charges if they need to be brought. Um, and that in practice is a little bit difficult because often people don't want to stick around when somebody is exposing themselves at them. And we have seen this um issue come up a few times where you know the kind of the victim gets away from there and somebody else sees it, but the code requires the witness to have been offended. Um that's how the courts tend to interpret it. And so if you have, you know, let's say uh a witness who was not personally offended by it, then they aren't really going to be helpful in promoting uh prosecution of these charges. So this one broadens it um to just acknowledge that it is actually inappropriate to expose yourself uh in a public place where other people can see you. Uh and there are some exceptions for adult uh establishments to ensure that those are still able to operate uh legally. Um next slide. And the next section of code that it touches is the section on disorderly conduct in AMC 830120. And disorderly conduct is kind of the this isn't in the section of code on crimes against public order, and this is what I think of as the grab bag of things that you shouldn't be doing in public that don't quite fit anywhere else.

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