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St. Louis to crack down on panhandling
2008-02-22
ST. LOUIS Ñ City Hall has a message for persistent panhandlers: Change your ways. City aldermen are poised to outlaw "aggressive" panhandling, create panhandling-free zones and make it illegal to beg at night. The proposal mirrors steps taken by other cities frustrated with panhandlers frightening tourists or In St. Louis, the push comes from the city's signature retail district, the Central West End, where store owners say brazen beggars are threatening their business. Advertisement An advocate for the homeless complains that the proposal puts individuals already on the margins of society further at risk. Fining someone for panhandling makes no sense, he says. Supporters of the city's effort say panhandlers staking out cash machines or confronting diners are operating more out of opportunity than need. "They're not homeless. They're not hungry Ñ this is their chosen career," said Tricia Roland-Hamilton, president of the Central West End Association. A dozen aldermen have signed on as co-sponsors for the proposal, all but guaranteeing it will be approved, perhaps as early as Friday. The bill would prohibit panhandlers from blocking the passage of the person they are soliciting; from asking for money after cleaning a car window; or from continuing to beg after being told no. Under the proposal, panhandling would be allowed only during daylight hours. It would be banned at all hours at bus or MetroLink stops, around ATMs or an entrance to a bank, within 30 feet of a public doorway or at any sidewalk cafe, school or crosswalk. Charities would be exempt from the law, as would those who "passively" ask for money with a sign or other silent means. In the past, the city has had a tough time containing the homeless population, particularly downtown. A 2004 federal lawsuit claimed that police ran an unlawful sweep to clear the area of vagrants before Fourth of July celebrations. The city later agreed to a settlement that gave about two dozen indigent plaintiffs $1,200 each. But a law aimed at panhandling may have an easier time passing legal scrutiny. Cities from South Florida to Southern California have placed restrictions on begging. Targeting aggressive panhandling was part of Rudolph Giuliani's assault as mayor of New York on quality-of-life crimes, made famous for its focus on "squeegee men." So long as there is not a complete ban, the courts have generally found that restricting when, where and how beggars can practice their trade is a reasonable limit on the First Amendment, said Michael Scott, an associate law professor at the University of Wisconsin. "You can't be aggressive and threatening in the act of asking money Ñ no more than you can in any kind of communication you have with somebody," Scott said. He added that certain places, such as an ATM machine or at a restaurant, are "inherently coercive" because the beggar knows their mark has money on them. Even so, the city's proposed regulations irk Dan Buck, chief executive of the St. Patrick Center, one of the region's largest homeless service agencies. "We don't endorse panhandling," Buck said. "But we'd rather see the court time and the police time go to get these guys services Ñ not just stacking huge fines on them that they will never pay." The new panhandling rules call for first-time offenders to receive a warning. Multiple violations carry a fine of up to $500 and as much as a month in jail. At Buck's urging, the proposal was amended to include provisions that would refer panhandlers to community outreach programs. Buck still doesn't think that's enough. "It's dealing with the symptoms of homelessness Ñ trying to Band-Aid a problem where surgery is required," Buck said. The author of the panhandling measure, Central West End Alderman Lyda Krewson, believes many panhandlers are not homeless. "Most aren't interested in regular employment," she said. "Often, panhandling is more lucrative." That sentiment is shared in the Central West End, where proprietors worry that the more aggressive panhandlers become, the more customers will stay away. "Panhandlers are so aggressive that they actually come into the restaurant and walk around the tables and ask for money," said Derek Gamlin, who runs SubZero, a vodka bar. And they don't want the type of change that jingles, said Dennis Gorg, who runs a popular all-night java shop, the Coffee Cartel. "You hand a panhandler in the Central West End a quarter, they don't thank you. They scoff at you," Gorg said. Turning down a panhandler altogether can elicit a nasty parry, Gorg warns. "If you don't give them some money, they always have a response for you," he says. "Their response is oftentimes profane." While businesses lobby City Hall for stiffer laws, they also are launching their own campaign against panhandling. The Central West End Association has acquired a decommissioned parking meter that will be used to collect donations to be given to social service agencies. They hope it will compete with panhandlers, giving people an alternate way to give. They also recruited a former police officer who interviewed local panhandlers to gain insight into the problem. One of the regulars interviewed is Johnny Thomas, 45, who one night this week was waiting on Euclid Avenue. Thomas, who uses a wheelchair and says he spends time at a downtown shelter, said he is not one of the aggressive panhandlers. "Sometimes, I just sit here," he says. But he has seen others use "strongarm" tactics when turned down for a donation. "They get mad, start cussing, calling them all kinds of names," Thomas said. While working the area in front of an Irish pub, Thomas says he panhandles for food Ñ money enough for a "couple pieces of chicken." "I'm not doing that great," he said. "But I don't want to be starving."
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