California Legalizes Jaywalking: The End of an Era for Pedestrian Laws

California overturns a century-old jaywalking ban, ushering in a new approach to pedestrian rights and urban mobility.

By Medha deb

Created on Sep 27, 2025

California overturns a century-old jaywalking ban, ushering in a new approach to pedestrian rights and urban mobility.

California has taken the significant step of legalizing jaywalking, shifting away from more than a century of strict pedestrian restrictions. The change, set in motion through the Freedom to Walk Act, has vast implications for urban mobility, social justice, and traffic safety. This article explores the roots of jaywalking laws, why they changed, and what the future holds for California’s streets.

The Origins of Jaywalking and Urban Design
Why Jaywalking Became a Crime in California
The Path to Decriminalizing Jaywalking: The Freedom to Walk Act
Impact on Policing and Social Equity
Public Safety, Liability, and Accident Claims
Rethinking Urban Mobility and Streetscapes
What Next? Pedestrian Rights Beyond California
Frequently Asked Questions (FAQs)

The Origins of Jaywalking and Urban Design

To understand California’s dramatic policy reversal, it’s important to consider the origins of jaywalking laws and how urban design priorities have contributed to decades of enforcement against pedestrians.

Pre-auto era: Streets were communal spaces shared by pedestrians, vendors, carriages, and early cars.
Rise of the automobile: The 1920s and 1930s marked the automotive industry’s push to claim streets for cars. Pedestrians were increasingly viewed as obstructions to traffic.
Origin of the term: ‘Jaywalking’, once a derogatory phrase for rural outsiders (“jays”) who didn’t know city street etiquette, became law, shifting blame for accidents from drivers to pedestrians.
Urban design shifts: Cities built wider roads, higher-speed corridors, and prioritized vehicle flow, making life riskier for anyone on foot.

With time, what was once natural—crossing a street wherever convenient—became illegal and punishable, especially in car-centric states like California.

Why Jaywalking Became a Crime in California

California led the nation in the strict enforcement of jaywalking laws. These laws:

Prohibited pedestrians from crossing roads outside marked crosswalks or against signals
Imposed fines from $197 to $250 or more in major cities like Los Angeles
Allowed police broad discretion to ticket, sometimes even when no vehicles were present

Originally, these statutes aimed to reduce pedestrian fatalities as motor vehicles proliferated. Yet, critics argued that rather than solving traffic violence, such laws criminalized everyday behavior, disproportionately affecting low-income and minority communities.

The Path to Decriminalizing Jaywalking: The Freedom to Walk Act

After decades of debate and mounting evidence of unfair enforcement, the California Legislature passed the Freedom to Walk Act (Assembly Bill 2147), signed into law by Governor Gavin Newsom and effective January 1, 2023.

The Act:

Decriminalizes jaywalking when performed safely (without creating immediate danger from traffic)
Prevents law enforcement from citing pedestrians unless a “reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or device moving by human power”
Retains pedestrian responsibility to exercise due care for their safety

Key Provisions of the Freedom to Walk Act

Provision	Pre-2023 Law	2023 Law (AB 2147)
Enforcement standard	Any crossing outside a crosswalk could be cited	Only crossings creating immediate danger can be cited
Penalties	Fines $197-$250, possible criminal record	No fine for safe crossings
Police powers	Broad discretion to stop and ticket	Stops allowed only in dangerous circumstances
Pedestrian duty	Must use crosswalks or signals	Must exercise “due care” for safety

Impact on Policing and Social Equity

A major motivation behind reform was the drive to end inequitable and sometimes discriminatory enforcement of jaywalking laws:

Data-driven discrimination: Studies revealed that Black and Latino residents were more likely to be ticketed for jaywalking.
Policing priorities: Routine foot traffic stops for jaywalking often escalated into broader checks or confrontations.
Economic burden: Steep fines, especially for low-income residents, had lasting financial consequences.

Community Perspectives

Advocacy groups: Transport equity advocates, urban planners, and civil liberties organizations endorsed the change, calling it a step toward justice and common-sense street policy.
Police unions and some city officials: Expressed concern that removing penalties could reduce pedestrian caution, but most accepted the narrower focus on dangerous crossings.

Public Safety, Liability, and Accident Claims

A key question after legalization: “Does making jaywalking legal endanger pedestrians or drivers?”

Evidence from California and other cities suggests decriminalization, when paired with good design and clear rules, does not increase pedestrian deaths.

Safety standard remains: Crossings must still be performed safely; a fine or liability may still result if a pedestrian crosses recklessly and a crash occurs.
Comparative negligence: In a collision, fault is divided based on each party’s actions. Legal, safe mid-block crossings may reduce a pedestrian’s share of fault.
Liability shifts: If a pedestrian is crossing prudently and is struck, drivers may now face more difficulty shifting blame onto the pedestrian.

Rethinking Urban Mobility and Streetscapes

The new law embodies a larger shift in California’s urban philosophy—from designing streets for maximum vehicular throughput to reclaiming them as shared, multipurpose spaces:

Design implications: Legalizing safe mid-block crossings highlights the need for cities to install safer crossings, slower speed limits, and more inviting pedestrian environments.
Public health benefits: Enhanced walkability encourages physical activity, reduces pollution, and supports local economies.
Tactical urbanism: Some cities are now experimenting with curb bump-outs, pedestrian plazas, and protected intersections to facilitate crossing without endangering foot traffic or causing congestion.

What Next? Pedestrian Rights Beyond California

California’s action is being closely watched nationwide:

Policy diffusion: Other states and cities are considering similar reforms in response to calls for traffic justice and walkable urbanism.
Ongoing debates: Questions remain about enforcement standards and how best to educate both drivers and pedestrians about the new law.
The global context: European cities rarely criminalize jaywalking; crosswalks are guides, not exclusive legal rights-of-way. Advocates see California’s shift as aligning the state with best practices in walkable regions.

Frequently Asked Questions (FAQs)

Is jaywalking now legal everywhere in California?

Yes, under the Freedom to Walk Act, jaywalking is legal anywhere in California when done safely—meaning only when it does not pose an immediate risk of collision with traffic.

Can I still get a jaywalking ticket?

You cannot be cited in California for jaywalking unless a “reasonably careful person would realize there is an immediate danger of collision.” Dangerous crossings can still result in citations.

Does this law make streets less safe?

Evidence from other regions shows that legalizing safe mid-block crossings does not cause pedestrian fatalities to rise, provided cities maintain safe traffic speeds and visibility.

How does the law affect personal injury claims?

With decriminalization, pedestrians using due care are less likely to be found partially at fault in accidents, which strengthens their cases for compensation.

Do pedestrians still have duties under the law?

Yes. The law does not relieve pedestrians from using due care and making prudent choices when crossing streets.

Key Takeaways

California’s Freedom to Walk Act legalized jaywalking (when performed safely), ending decades of strict and sometimes biased enforcement.
The updated law limits police tickets to situations posing an urgent threat of a car-pedestrian crash.
Advocates are optimistic that the reform will reduce racial and economic disparities in citations.
Urban planners see the change as part of a larger movement toward more walkable, healthy, and equitable cities.

With this legislation, California is reclaiming its streets for the people—one safe crossing at a time.

References

Author

medha deb

Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

Read full bio of medha deb