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HomeMy WebLinkAbout06/18/2013 07 Begging and Panhandling - Discussion and Citizen TestimoniesBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT' Item No. , For Meeting of: 6/18/2013 ITEM TITLE: Public hearing to receive testimony from citizens concerned with the presence of beggars and panhandlers within the City and the specific effects the presence of beggars and panhandlers have had on them. SUBMITTED BY: Jeff Cutter, City Attorney SUMMARY EXPLANATION: At the request of a number of Yakima's citizens and Council members a public hearing will be held to allow the City Council to receive public testimony about specific negative impacts the presence and actions of beggars and panhandlers has had on those that testify. In order for the City to attempt to more strictly regulate the presence and activities of beggars and panhandlers the City must receive the legally necessary support for additional regulations in the form of specific testimony identifying the harmful effects their presence presents to the public. The legal department will evaluate all of the testimony received during the hearing and will then provide the Council with a proposal for whatever additional responsive regulation has been appropriately supported. Resolution: Other (Specify): Memorandum Contract: Start Date: Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR Ordinance: Contract Term: End Date: Amount: No identified budgetary effect at this point. Public Safety City Manager SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Name: F-] Panhandling - Preparation for Public Hearing-6- 2013. pdf Description: Memorandum re Panhandling- Preparation for Public Nearing -6- 2013 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakuna, Washuigton %Rn (509)575 6(130 F" (509)575 -6160 MEMORANDUM June 5, 2013 TO: Honorable Mayor Cawley and Members of the City Council Tony O'Rourke, City Manager FROM: Jeff Cutter, City Attorney SUBJECT: Public Hearing To Receive Testimony Re: Begging / Panhandling The City Council will hold a public hearing on June 18th for the purpose of receiving public testimony pertaining to the public's concerns with panhandling / begging within the City. This issue has received City Council consideration several times, the most recent having occurred during the spring of 2010. As was expressed in my previous Memo presented in the June 4, 2013 Council packet, this issue presents a number of legal challenges that in some respects act as limitations on the extent to which the right to beg, that being a constitutionally protected First Amendment right, may be regulated. In my previous Memorandum, the content of which was taken directly from a Memorandum Cynthia Martinez prepared for the Council in March of 2010, it was explained that the basis for further regulation of those begging within the City must be supported by specifically expressed public concern. As explained, in order for the City to attempt to further regulate the act of begging or panhandling the information provided by the public during the hearing must go beyond speculation of potential harms or annoyance presented by the acts and presence of those begging. The testimony that would be most useful when considering whether additional restrictions on begging are sufficiently supported to warrant further regulation will focus on the speaker's specific experiences with beggars / panhandlers that have given rise to personal perceptions of fear, vulnerability or concern for their own or another persons' safety resulting from actions of those begging or panhandling. As testimony is provided during the hearing the Council can assist with developing an effective record by asking questions that may help a speaker to get to the core basis for their concern about the presence of beggars. Useful testimony must go beyond the general expression that the activity of begging is unsightly, unpleasant or undesirable. The testimony that will best meet the necessary threshold to support additional regulation over this activity will address issues of personal health and safety that are generated by the presence and activity of beggars the speakers have encountered, as well as instances where the speaker's actions or plans were altered from what may have originally been planned based upon a beggar's presence and /or actions. Memorandum to Honorable Mayor and Members of the City Council June 5, 2013 Page 2 To sum it up simply, in order to support additional regulation on the actions and presence of beggars and panhandlers in the City we will need direct and specific testimony from members of the public expressing actual fears, safety concerns, health issues and altered courses of conduct that are caused by the activities of those begging. To the extent the Council can facilitate the process of getting to these actual expressions of the speaker's feelings resulting from the specific activities described, the opportunity for additional regulation may be developed. Once the public testimony has been received, the Legal Department will analyze it and report back to you with what if any additional regulation we believe has been supported by the public's concerns. For your consideration, I am including the present ordinance that addresses begging in the City. This ordinance was amended following the Council's consideration in 2010, those changes being reflected in this ordinance as opposed to the previous form that was included on the my previous Memorandum. 6.75.020 Pedestrian or vehicular interference. A. A person is guilty of pedestrian or vehicular interference if, in a public place in the city of Yakima, he or she intentionally: 1. Obstructs pedestrian or vehicular traffic; or 2. Aggressively begs; or 3. Participates in begging within the perimeter of any city public parking lot or within the area of parking stalls located within the city's public right -of -way. B. Among the circumstances to be considered in determining whether a person intends to aggressively beg are whether that person: 1. Touches the person solicited; 2. Follows the person solicited; 3. Directs profane or abusive language toward the person solicited; 4. Uses violent or threatening gestures toward the person solicited; or 5. Persists in begging after the person solicited has given a negative response. C. The following definitions apply to subsection A of this section: 1. "Obstructs pedestrian or vehicular traffic" means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or vehicle to such an extent that evasive action is necessary to avoid physical contact. Innocent acts which unintentionally and inadvertently block traffic or cause others to take evasive action; acts authorized as an exercise of one's constitutional right to picket or to legally protest; and acts authorized by permit issued Memorandum to Honorable Mayor and Members of the City Council June 5, 2013 Page 3 pursuant to this code shall not constitute an obstruction or interference with pedestrian or vehicular traffic. 2. "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. 3. "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. 4. "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. 5. "Public place" means an area generally visible to public view and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, and doorways and entrances to buildings or dwellings accessible to the public and the grounds enclosing them. (Ord. 2010 -19 § 1, 2010: Ord. 98 -3 § 59 (part), 1998). U.S. Department of Justice Office of Community Oriented Policing Services COPS COMMIINTTT ORIENTED POLICING SERVICES U_S_ 13EP6RTMENT OF JUSTICE Panhandling by Michael S. Scott ? T Problem - Oriented Guides for Police Series AN Problem - Oriented Guides for Police Series Guide No. 13 Panhandling Michael S. Scott This project was supported by cooperative agreement #99- CK -WX- K004 by the Office of Community Oriented Policing Services, U.S. Department of Justice. The opinions contained herein are those of the author(s) and do not necessarily represent the official position of the U.S. Department of Justice. www.cops.usdoj.gov About the Guide Series I i About the Guide Series The Problem- Onented Guides for Polz'ce summarize knowledge about how police can reduce the harm caused by specific crime and disorder problems. They are guides to prevention and to improving the overall response to incidents, not to investigating offenses or handling specific incidents. The guides are written for police —of whatever rank or assignment—who must address the specific problem the guides cover. The guides will be most useful to officers who Understand basic problem- oriented policing principles and methods. The guides are not primers in problem- oriented policing. They deal only briefly with the initial decision to focus on a particular problem, methods to analyze the problem, and means to assess the results of a problem - oriented policing project. They are designed to help police decide how best to analyze and address a problem they have already identified. (An assessment guide has been produced as a companion to this series and the COPS Office has also published an introductory guide to problem analysis. For those who want to learn more about the principles and methods of problem- oriented policing, the assessment and analysis guides, along with other recommended readings, are listed at the back of this guide.) Can look at a problem in depth. Depending on the complexity of the problem, you should be prepared to spend perhaps weeks, or even months, analyzing and responding to it. Carefully studying a problem before responding helps you design the right strategy, one that is most likely to work in your community. You should not blindly adopt the responses others have used; you must decide whether they are appropriate to your local situation. What is true in one place may not be true elsewhere; what works in one place may not work everywhere. ii I Panhandling Are willing to consider new ways of doing police business. The guides describe responses that other police departments have used or that researchers have tested. While not all of these responses will be appropriate to your particular problem, they should help give a broader view of the kinds of things you could do. You may think you cannot implement some of these responses in your jurisdiction, but perhaps you can. In many places, when police have discovered a more effective response, they have succeeded in having laws and policies changed, improving the response to the problem. Understand the value and the limits of research knowledge. For some types of problems, a lot of useful research is available to the police; for other problems, little is available. Accordingly, some guides in this series summarize existing research whereas other guides illustrate the need for more research on that particular problem. Regardless, research has not provided definitive answers to all the questions you might have about the problem. The research may help get you started in designing your own responses, but it cannot tell you exactly what to do. This will depend greatly on the particular nature of your local problem. In the interest of keeping the guides readable, not every piece of relevant research has been cited, nor has every point been attributed to its sources. To have done so would have overwhelmed and distracted the reader. The references listed at the end of each guide are those drawn on most heavily; they are not a complete bibliography of research on the subject. Are willing to work with other community agencies to find effective solutions to the problem. The police alone cannot implement many of the responses discussed in the guides. They must frequently implement them in partnership with other responsible private and public entities. An effective problem - solver must know how to forge genuine About the Guide Series I iii partnerships with others and be prepared to invest considerable effort in making these partnerships work. These guides have drawn on research findings and police practices in the United States, the United Kingdom, Canada, Australia, New Zealand, the Netherlands, and Scandinavia. Even though laws, customs and police practices vary from country to country, it is apparent that the police everywhere experience common problems. In a world that is becoming increasingly interconnected, it is important that police be aware of research and successful practices beyond the borders of their own countries. The COPS Office and the authors encourage you to provide feedback on this guide and to report on your own agency's experiences dealing with a similar problem. Your agency may have effectively addressed a problem using responses not considered in these guides and your experiences and knowledge could benefit others. This information will be used to update the guides. If you wish to provide feedback and share your experiences it should be sent via e -mail to cops_pubs@usdoj.gov. Acknowledgments I v Acknowledgments The Problem- Onented Guides for Po&e series is very much a collaborative effort. While each guide has a primary author, other project team members, COPS Office staff and anonymous peer reviewers contributed to each guide by proposing text, recommending research and offering suggestions on matters of format and style. The principal project team developing the guide series comprised Herman Goldstein, professor emeritus, University of Wisconsin Law School; Ronald V. Clarke, professor of criminal justice, Rutgers University; John E. Eck, associate professor of criminal justice, University of Cincinnati; Michael S. Scott, police consultant, Savannah, Ga.; Rana Sampson, police consultant, San Diego; and Deborah Lamm Weisel, director of police research, North Carolina State University. Karin Schmerler, Rita Varano and Nancy Leach oversaw the project for the COPS Office. Megan Tate Murphy coordinated the peer reviews for the COPS Office. Suzanne Fregly edited the guides. Research for the guides was conducted at the Criminal Justice Library at Rutgers University under the direction of Phyllis Schultze by Gisela Bichler- Robertson, Rob Guerette and Laura Wyckoff The project team also wishes to acknowledge the members of the San Diego, National City and Savannah police departments who provided feedback on the guides' format and style in the early stages of the project, as well as the line police officers, police executives and researchers who peer reviewed each guide. Contents I vii Contents About the Guide Series .................. ..............................i Acknowledgments ...................... ..............................v The Problem of Panhandling .............. ..............................1 Related Problems ................. ............................... 3 Factors Contributing to Panhandling ... ............................... 4 Whether Panhandling Intimidates Passersby ........................ 4 Who the Panhandlers Are ........ ............................... 5 Who Gets Panhandled and Who Gives Money to Panhandlers ........... 7 Where and When Panhandling Commonly Occurs .................... 8 Economics of Panhandling ......... .............................10 Economic, Social and Legal Factors That Influence Panhandling Levels ...11 Understanding Your Local Problem ....... ............................... 13 Asking the Right Questions ........... .............................13 Complainants and Donors ......... .............................13 Panhandlers ................... .............................14 Location /Time .................. .............................14 Current Response ............... .............................15 Measuring Your Effectiveness ......... .............................15 Responses to the Problem of Panhandling .. ............................... 17 General Considerations for an Effective Response Strategy ................17 Enforcement Responses .............. .............................18 Public Education Responses ........... .............................24 Situational Responses ............... .............................26 Social Services /Treatment Response .. ............................... 28 Response With Limited Effectiveness . ............................... 29 viii I Panhandling Appendix A: Summary of Responses to Panhandling ............................... 31 Appendix B: Selected Court Cases on Panhandling . ............................... 35 Endnotes................................... .............................37 References .................................. .............................43 About the Author ............................. .............................51 Recommended Readings ....................... .............................53 Other Guides in This Series ................... ............................... 57 The Problem of Panhandling This guide addresses the problem of panhandling.t It also covers nearly equivalent conduct in which, in exchange for donations, people perform nominal labor such as squeegeeing (cleaning) the windshields of cars stopped in traffic, holding car doors open, saving parking spaces, guarding parked cars, buying subway tokens, and carrying luggage or groceries. The guide begins by describing the panhandling problem and reviewing factors that contribute to it. It then identifies a series of questions that might help you in analyzing your local problem. Finally, it reviews responses to the problem, and what is known about those responses from evaluative research and police practice. Generally, there are two types of panhandling: passive and aggressive. Passive panhandling is soliciting without threat or menace, often without any words exchanged at all—just a cup or a hand held out. Aggressive panhandling is soliciting coercively, with actual or implied threats, or menacing actions. If a panhandler uses physical force or extremely aggressive actions, the panhandling may constitute robbery. Isolated incidents of passive panhandling are usually a low police priority.' In many jurisdictions, panhandling is not even illegal. Even where it is illegal, police usually tolerate passive panhandling, for both legal and practical reasons.' Courts in some jurisdictions have ruled that passive panhandling is constitutionally protected activity. Police can reasonably conclude that, absent citizen complaints, their time is better spent addressing more serious problems. Whether panhandling and other forms of street disorder cause or contribute to more serious crime —the broken windows The Problem of Panhandling I 1 t "Panhandling," a common term in the United States, is more often referred to as "begging" elsewhere, or occasionally, as "cadging." "Panhandlers" are variously referred to as "beggars," 'vagrants," "vagabonds," "mendicants," or "cadgers." The term "panhandling" derives either from the impression created by someone holding out his or her hand (as a pan's handle sticks out from the pan) or from the image of someone using a pan to collect money (as gold miners in the American West used pans to sift for gold). 2 IPanhandling t Business owners who work on site are most likely to call police. Employees, especially younger employees, are less likely to do so because they have less at stake if panhandling disrupts business (Goldstein 1993). If In one study, 50 percent of panhandlers claimed to have been mugged within the past year (Goldstein 1993). thesis —is hotly debated, but the debate is as yet unsettled.' Panhandling becomes a higher police priority when it becomes aggressive or so pervasive that its cumulative effect, even when done passively, is to make passersby apprehensive.' Panhandling is of greater concern to merchants who worry that their customers will be discouraged from patronizing their business. Merchants are most likely to call police when panhandling disrupts their commerce.' °t Police must also be concerned with the welfare of panhandlers who are vulnerable to physical and verbal assault by other panhandlers, street robberstt or passersby who react violently to being panhandled.' Panhandlers often claim certain spots as their own territory, and disputes and fights over territory are not uncommon.' Broadly speaking, public policy perspectives on panhandling are of two types —the sympathetic view and the unsympathetic view The sympathetic view, commonly but not unanimously held by civil libertarians and homeless advocates, is that panhandling is essential to destitute people's survival, and should not be regulated by police! Some even view panhandling as a poignant expression of the plight of the needy, and an opportunity for the more fortunate to help.' The unsympathetic view is that panhandling is a blight that contributes to further community disorder and crime, as well as to panhandlers' degradation and deterioration as their underlying problems go unaddressed.10 Those holding this view believe panhandling should be heavily regulated by police. People's opinions about panhandling are rooted in deeply held beliefs about individual liberty, public order and social The Problem of Panhandling 1 3 responsibility. Their opinions are also shaped by their actual exposure to panhandling —the more people are panhandled, the less sympathetic they are toward panhandlers." While begging is discouraged on most philosophical grounds and by most major religions, many people feel torn about whether to give money to panhandlers." Some people tolerate all sorts of street disorder, while others are genuinely frightened by it. This tension between opposing viewpoints will undoubtedly always exist. This guide takes a more neutral stance: without passing judgment on the degree of sympathy owed to panhandlers, it recognizes that police will always be under some pressure to control panhandling, and that there are effective and fair ways to do so. Related Problems Panhandling and its variants are only one form of disorderly street conduct and street crime about which police are concerned. Other forms —not directly addressed in this guide — include: • disorderly conduct of day laborers; • disorderly conduct of public inebriates (e.g., public intoxication, public drinking, public urination and defecation, harassment, intimidation, and passing out in public places); • disorderly conduct of transients /homeless (e.g., public camping, public urination and defecation, and sleeping on sidewalks and benches, and in public libraries); • disorderly youth in public places; • harassment (usually sexual) of female pedestrians; • pickpocketing; • purse snatching; • robbery at automated teller machines (ATMs); • trash picking (for food or to salvage aluminum cans and bottles); 4 I Panhandling Understanding the factors that contribute to your panhandling problem will help you frame your own local analysis questions, determine good effectiveness measures, recognize key intervention points, and select appropriate responses. Whether Panhandling Intimidates Passersby Panhandling intimidates some people, even causing some to avoid areas where they believe they will be panhandled.13 One - third of San Franciscans surveyed said they gave money to panhandlers because they felt pressured, and avoided certain areas because of panhandling; nearly 40 percent expressed concern for their safety around panhandlers. 14 But most studies conclude that intentional aggressive panhandling is rare, largely because panhandlers realize that using aggression reduces their income, and is more likely to get them arrested or otherwise draw police attention to them.15 Whether panhandling intimidates passersby depends, of course, on how aggressive or menacing the panhandler is, but it also depends on the context in which panhandling occurs. In other words, an act of panhandling in one context might • unlicensed street entertainment ;t and • unlicensed street vending (also referred to as illegal peddling). t In some instances, there is a fine distinction between panhandlers who Some of these other forms of disorderly street conduct may use brief entertainment as part of also be attributable to panhandlers, but this is not necessarily their solicitation and more - accomplished street musicians, so. These problems overlap In various ways, and a local jugglers, mimes, and other skilled analysis of them will be necessary to understand how they do. entertainers. Factors Contributing to Panhandling Understanding the factors that contribute to your panhandling problem will help you frame your own local analysis questions, determine good effectiveness measures, recognize key intervention points, and select appropriate responses. Whether Panhandling Intimidates Passersby Panhandling intimidates some people, even causing some to avoid areas where they believe they will be panhandled.13 One - third of San Franciscans surveyed said they gave money to panhandlers because they felt pressured, and avoided certain areas because of panhandling; nearly 40 percent expressed concern for their safety around panhandlers. 14 But most studies conclude that intentional aggressive panhandling is rare, largely because panhandlers realize that using aggression reduces their income, and is more likely to get them arrested or otherwise draw police attention to them.15 Whether panhandling intimidates passersby depends, of course, on how aggressive or menacing the panhandler is, but it also depends on the context in which panhandling occurs. In other words, an act of panhandling in one context might The Problem of Panhandling I 5 not be intimidating, but the same behavior in a different context might." Among the contextual factors that influence how intimidating panhandling is are: • the time of day (nighttime panhandling is usually more intimidating than daytime panhandling); • the ease with which people can avoid panhandlers (panhandling is more likely to intimidate motorists stuck in traffic than it is those who can drive away); • the degree to which people feel especially vulnerable (for example, being panhandled near an ATM makes some people feel more vulnerable to being robbed); • the presence of other passersby (most people feel safer when there are other people around); • the physical appearance of the panhandler (panhandlers who appear to be mentally ill, intoxicated or otherwise disoriented are most likely to frighten passersby because their conduct seems particularly unpredictable); 17 • the reputation of the panhandler (panhandlers known to be aggressive or erratic are more intimidating than those not known to be so); • the characteristics of the person being solicited (the elderly tend to be more intimidated by panhandlers because they are less sure of their ability to defend themselves from attack); • the number of panhandlers (multiple panhandlers working together are more intimidating than a lone panhandler); and • the volume of panhandling (the more panhandlers present in an area, the more intimidating and bothersome panhandling will seem). Who the Panhandlers Are Typically, relatively few panhandlers account for most complaints to police about panhandling.18 The typical profile of a panhandler that emerges from a number of studies is that of an unemployed, unmarried male in his 30s or 40s, with substance abuse problems, few family ties, a high school 6 IPanhandling t In many less - developed countries, children commonly beg to support themselves and their families, a phenomenon less common in the United States and other more highly developed countries. If Definitions of homelessness vary, but at a minimum, most studies have found that few panhandlers routinely sleep outdoors at night See, however, Burke (1998) for evidence that a high percentage of the panhandlers in Leicester, England, have been homeless. education, and laborer's skills." Some observers have noted that younger people —many of whom are runaways or otherwise transient —are turning to panhandling. 20,t A high percentage of panhandlers in U.S. urban areas are African- American.21 Some panhandlers suffer from mental illness, but most do not.22 Many panhandlers have criminal records, but panhandlers are nearly as likely to have been crime victims as offenders.23 Some are transient, but most have been in their community for a long time .21 Contrary to common belief, panhandlers and homeless people are not necessarily one and the same. Many studies have found that only a small percentage of homeless people panhandle, and only a small percentage of panhandlers are homeless.26,tt Most studies conclude that panhandlers make rational economic choices —that is, they look to make money in the most efficient way possible.27 Panhandlers develop their "sales pitches," and sometimes compete with one another for the rights to a particular sales pitch.28 Their sales pitches are usually, though not always, fraudulent in some respect. Some panhandlers will admit to passersby that they want money to buy alcohol (hoping candor will win them favor), though few will admit they intend to buy illegal drugs. Many panhandlers make it a habit to always be polite and appreciative, even when they are refused. Given the frequent hostility they experience, maintaining their composure can be a remarkable psychological feat.30 Panhandlers usually give some consideration to their physical appearance: they must balance looking needy against looking too offensive or threatening.31 Kip Kellogg Some panhandlers hope that candor will increase donations. Here, a panhandler's donation box reveals that the money will be spent on beer as well as on food. Most panhandlers are not interested in regular employment, particularly not minimum -wage labor, which many believe would scarcely be more profitable than panhandling.32 Some panhandlers' refusal to look for regular employment is better explained by their unwillingness or inability to commit to regular work hours, often because of substance abuse problems. Some panhandlers buy food with the money they receive, because they dislike the food served in shelters and soup kitchens." Who Gets Panhandled and Who Gives Money to Panhandlers In some communities, nearly everyone who routinely uses public places has been panhandled.t Many who get panhandled are themselves people of modest means. Wealthy citizens can more readily avoid public places where panhandling occurs, whether consciously, to avoid the nuisances of the street, or The Problem of Panhandling I 7 t Ninety percent of San Franciscans surveyed reported having been panhandled within the past year (Kelling and Coles 1996). 8 IPanhandling merely because their lifestyles do not expose them to public places. Estimates of the percentage of people who report that they give money to panhandlers range from 10 to 60 percent.34 The percentage of college students who do so (between 50 and 60 percent) tends to be higher than that of the general population. There is some evidence that women and minorities tend to give more freely to panhandlers." Male - female couples are attractive targets for panhandlers because the male is likely to want to appear compassionate in front of the female.36 Panhandlers more commonly target women than men,37 but some find that lone women are not suitable targets because they are more likely to fear having their purses snatched should they open them to get change.38 Conventioneers and tourists are good targets for panhandlers because they are already psychologically prepared to spend money." Diners and grocery shoppers are good targets because dining and grocery shopping remind them of the contrast between their relative wealth and panhandlers' apparent poverty. Regular panhandlers try to cultivate regular donors; some even become acquaintances, if not friends. Where and When Panhandling Commonly Occurs Panhandlers need to go where the money is. In other words, they need to panhandle in communities and specific locations where the opportunities to collect money are best—where there are a lot of pedestrians or motorists, especially those who are most likely to have money and to give it.40 Panhandling is more common in communities that provide a high level of social services to the needy, because the same citizens who support social services are also likely to give money directly to panhandlers; panhandlers are drawn to communities where both free social services and generous passersby are plentiful.41 With respect to specific locations, panhandlers prefer to panhandle where passersby cannot The Problem of Panhandling I 9 readily avoid them, although doing so can make passersby feel more intimidated.42 Among the more common, specific panhandling locations are the following: • near ATMs, parking meters and telephone booths (because ATM users, motorists and callers are less likely to say they do not have any money to give); • near building entrances /exits and public restrooms with a lot of pedestrian traffic; • on or near college campuses (because students tend to be more sympathetic toward panhandlers); • near subway, train and bus station entrances /exits (because of high pedestrian traffic, and because public transportation users are likely to be carrying cash to buy tickets or tokens); • on buses and subway trains (because riders are a "captive audience "); • near places that provide panhandlers with shade and shelter from bad weather (such as doorways, alcoves and alleys in commercial districts); • in front of convenience stores, restaurants and grocery stores (because panhandlers' claims to be buying food or necessities for them or their children seem more plausible, and because shoppers and diners often feel especially fortunate and generous); • at gas stations (because panhandlers' claims that they need money for gas or to repair their vehicle seem more plausible); • at freeway exits /entrances (because motorists will be stopped or traveling slowly enough to be able to give money); • on crowded sidewalks (because it is easier for panhandlers to blend in with the crowd should the police appear); • at intersections with traffic signals (because motorists will be stopped); and • near liquor stores and drug markets (so the panhandlers do not have to travel far to buy alcohol or drugs).43 10 1 Panhandling There are typically daily, weekly, monthly, and seasonal patterns to panhandling; that is, panhandling levels often follow fairly predictable cycles, which vary from community to community. For example, panhandling may increase during winter months in warm - climate communities as transients migrate there from cold - weather regions. Panhandling levels often drop around the dates government benefits are distributed, because those panhandlers who receive benefits have the money they need. Once that money runs out, they resume panhandling.44 Panhandling on or near college campuses often follows the cycles of students' going to and coming from classes.45 There are usually daily lulls in panhandling when those panhandlers who are chronic inebriates or drug addicts go off to drink or take drugs. Regular panhandlers keep fairly routine schedules, typically panhandling for four to six hours a day." Economics of Panhandling Most evidence confirms that panhandling is not lucrative, although some panhandlers clearly are able to subsist on a combination of panhandling money, government benefits, private charity, and money from odd jobs such as selling scavenged materials or plasma.47 How much money a panhandler can make varies depending on his or her skill and personal appeal, as well as on the area in which he or she solicits. Estimates vary from a couple of dollars (U.S.) a day on the low end, to $20 to $50 a day in the mid -range, to about $300 a day on the high end.48 Women —especially those who have children with them —and panhandlers who appear to be disabled tend to receive more money." For this reason, some panhandlers pretend to be disabled and /or war veterans. Others use pets as a means of evoking sympathy from passersby. Panhandlers' regular donors can account for up to half their receipts." The Problem of Panhandling I 11 Panhandlers spend much of their money on alcohol, drugs and tobacco, although some money does go toward food, transportation and toiletries.` Panhandlers rarely save any money, partly because they risk having it stolen, and partly because their primary purpose is to immediately buy alcohol or drugs." Economic, Social and Legal factors That Influence Panhandling Levels Broad economic, social and legal factors influence the overall level of panhandling, as well as community tolerance of it.53 Tolerance levels appear to have declined significantly during the 1990s, at least in the United States, leading to increased pressure on police to control panhandling. The state of the economy, at the local, regional and even national level, affects how much panhandling occurs. As the economy declines, panhandling increases. As government benefit programs become more restrictive, panhandling increases.54 At least as important as economic factors, if not more so, are social factors. The stronger the social bonds and social network on which indigent people can rely for emotional and financial support, the less likely they are to panhandle." Thus, the weakening of social bonds throughout society affects the indigent most negatively. As substance abuse levels rise in society, as, for example, during the crack epidemic, so too do panhandling levels. As the skid rows in urban centers are redeveloped, the indigent people who live there move to areas where their panhandling is less tolerated. As people with mental illnesses are increasingly released into the community, often without adequate follow -up care, panhandling also increases. Where there are inadequate detoxification and substance -abuse treatment facilities, panhandling is high." As courts strike down laws that 12 1 Panhandling authorize police to regulate public disorder, and as police are less inclined to enforce such laws, panhandling flourishes." Arrest and incarceration rates may also affect panhandling levels: convicted offenders often have difficulty getting jobs after release, and some inevitably turn to panhandling.58 Understanding Your Local Problem 1 13 Understanding Your Local Problem The information provided above is only a generalized description of panhandling. You must combine the basic facts t Analyzing calls for service related With a more specific Understanding Of your local problem. to panhandling is important, but it can be time- consuming because, in Analyzing the local problem carefully will help you design a many police agencies, such calls are more effective response strategy. classified under broad categories such as "disturbance" or "suspicious person," categories that encompass a Asking the Right Questions wide range of behavior. It might be worthwhile to develop more - specific call categories, so future problem The following are some critical questions you should ask in analysis will be easier. analyzing your particular panhandling problem, even if the answers are not always readily available. Your answers to these and other questions will help you choose the most appropriate set of responses later on. Complainants and Donors (Surveys of citizens and beat police officers will likely be necessary to gather information about complaints and complainants, as well as about donors. Most complaints about panhandling are not formally registered with police.) • To what extent does panhandling bother or intimidate others? How many complaints do police receive ?t Do a few people account for many complaints, or do many people complain? Are complaints filed with other organizations (business /neighborhood associations)? • Who are the complainants? Merchants? Shoppers? Workers? Students? • Does panhandling alter people's behavior and routines (e.g., do people avoid certain areas or stores)? • What are the particular complaints? That panhandlers act aggressively, or that all panhandling is bothersome? • What do complainants suggest should be done to control panhandling? 14 I Panhandling • What percentage of passersby give money to panhandlers? • Why do people say they give money to panhandlers? What do they believe the panhandlers use the money for? Panhandlers (Surveys of suspected panhandlers, data from agencies that serve the needy, and discussions with beat police officers can help you answer the following questions. This information can help you determine whether there are clusters of panhandlers with similar characteristics. Different responses might be warranted for different types of panhandlers.) • How many panhandlers are in the area? How many are regulars? How many are occasional? • What is known about the regular panhandlers? What is their age, race, gender, family status, employment status, and employment history? Are they substance abusers? Do they suffer from mental illness? Do they have criminal records or a history of criminal victimization? Where do they live (in shelters, private homes, on the streets)? • How many of the panhandlers are transient? How many are new to the area? How many are longtime residents? • Do the panhandlers know about and use social services in the area (e.g., shelters, soup kitchens, job training, substance abuse treatment)? Location /Time • Where does panhandling commonly occur? In parks, plazas and squares? On sidewalks? Near ATMs? Near public transportation stops and stations? • What, specifically, makes certain locations especially attractive or unattractive to panhandlers? • When is panhandling most prevalent? Are there daily, weekly, monthly, or seasonal cycles to it? Understanding Your Local Problem 1 15 Current Response • How has the panhandling problem previously been handled in your jurisdiction? How is it currently handled? Is the current response adequate and appropriate? • What laws currently regulate panhandling? Are those laws adequate and /or constitutional? • Do the police arrest panhandlers? If so, on what charges? How are the charges processed? Are panhandlers prosecuted? If so, what is the typical sentence? • How do other criminal justice officials (prosecutors, judges, probation officers) view the panhandling problem? Measuring Your Effectiveness Measurement allows you to determine to what degree your efforts have succeeded, and suggests how you might modify your responses if they are not producing the intended results. You should take measures of your problem before you implement responses, to determine how serious the problem is, and after you implement them, to determine whether they have been effective. All measures should be taken in both the target area and the surrounding area. (For more detailed guidance on measuring effectiveness, see the companion guide to this series, Assessing Kesponses to Problems: An Introductog Guide for Pohce Problem - Solvers.) The following are potentially useful measures of the effectiveness of responses to panhandling: • number of complaints filed with police about panhandling, • number of complaints filed with other organizations or people (e.g., neighborhood /business associations, elected officials) about panhandling; • levels of concern expressed about panhandling (from surveys); 16 I Panhandling • number of known chronic panhandlers (based on complaints, contacts and arrests); • costs of police response to panhandling complaints; t Lankenau (1999) asserts that most • evidence that panhandling has been displaced to other areas, panhandlers will likely turn to other or is resulting in an increase in other forms of nuisance illegitimate ways to make money, behavior or crime (e.g., trash scavenging, shoplifting, theft rather than find regular employment or enter treatment programs. Duneier from aUtOS, purse Snatching prostitution, drug dealing) , (1999) states that some panhandlers and see crime as one of the few viable • indicators of the economic health of the area beset with alternatives to panhandling. panhandling (e.g., property vacancy rates, shoppers' presence, commerce levels, tax receipts, private - security expenditures). Responses to the Problem of Panhandling 1 17 Responses to the Problem of Panhandling Your analysis of your local problem should give you a better understanding of the factors contributing to it. Once you have analyzed your local problem and established a baseline for measuring effectiveness, you should consider possible responses to address the problem. The following response strategies provide a foundation of ideas for addressing your particular problem. These strategies are drawn from a variety of research studies and police reports. Several of these strategies may apply to your community's problem. It is critical that you tailor responses to local circumstances, and that you can justify each response based on reliable analysis. In most cases, an effective strategy will involve implementing several different responses. Law enforcement responses alone are seldom effective in reducing or solving the problem. Do not limit yourself to considering what police can do: give careful consideration to who else in your community shares responsibility for the problem and can help police better respond to it. General Considerations for an Effective Response Strategy Most researchers and practitioners seem to agree that the enforcement of laws prohibiting panhandling plays only a part in controlling the problem." Public education to discourage people from giving money to panhandlers, informal social control and adequate social services (especially alcohol and drug treatment) for panhandlers are the other essential components of an effective and comprehensive response. 18 I Panhandling t Goldstein's (1993) study of panhandling in New Haven, Conn., provides an excellent example of how panhandling is controlled through informal means. Duneier's (1999) study of New York City street vendors, scavengers and panhandlers also provides an exceptional example of informal social control on the street. Panhandling, like many other forms of street disorder, is controlled more through informal means than through formal enforcement.t Panhandlers, merchants, passersby, social workers, and police beat officers form an intricate social network of mutual support and regulation. They all have something to gain by cooperating with one another (and, consequently, to lose by not cooperating with one another). Panhandlers obviously gain money, food and some social interaction from their activity; they risk losing them if they act too disorderly. Merchants will usually tolerate some panhandling, though seldom directly in front of their businesses. Some merchants even give panhandlers food or hire them to do odd jobs such as wash store windows. Passersby gain freedom from the harassment and intimidation of persistent and menacing panhandlers, along with the positive feelings they experience from truly voluntary charity. Social workers are more likely to be able to help those street people who are not frequently arrested for panhandling. Police beat officers can cultivate panhandlers as informants, helping the officers stay current with what is happening on the street. Enforcement Responses Whether or not you emphasize enforcement of laws that regulate panhandling, it is important that the laws be able to survive legal challenge. Police should have valid enforcement authority to bolster other responses they use, including issuing warnings to panhandlers.60 Laws that prohibit aggressive panhandling or panhandling in specified areas are more likely to survive legal challenge than those that prohibit all panhandling. If enforcement of panhandling laws will be a key component of your strategy, and if you think the Responses to the Problem of Panhandling 1 19 panhandling laws you rely on are vulnerable to legal challenge (or if you want to draft a new panhandling law), you should consult legal counsel to help you draft and propose new legislation. There are a number of model panhandling ordinances" and legal commentaries on the constitutionality of panhandling laws" in the literature. See Appendix B for a list and brief summary of some of the leading cases on the constitutionality of panhandling and laws that regulate it. Warning panhandlers and ordering them to "move along" are perhaps the most common police responses to panhandling.63 Many police beat officers develop working relationships with regular panhandlers; they use a mix of formal and informal approaches to keeping panhandling under control.64 Most officers do not view panhandling as a serious matter, and are reluctant to devote the time necessary to arrest and book offenders." Moreover, even when they have the authority to issue citations and release the offenders, most officers realize that panhandlers are unlikely to either appear in court or pay a fine." Prosecutors are equally unlikely to prosecute panhandling cases, typically viewing them as an unwise use of scarce prosecutorial resources.' Panhandler arrests are rare,68,t but when they occur, this is the typical scenario: An officer issues a panhandler a summons or citation that sets a court date or specifies a fine. The panhandler fails to appear in court or fails to pay the fine. A warrant is issued for the panhandler's arrest. The police later arrest the panhandler after running a warrant check during a subsequent encounter. The panhandler is incarcerated for no more than a couple of days, sentenced to time already served by the court, and released. t Goldstein (1993) estimated that police made arrests for panhandling in only about 1 percent of all police - panhandler encounters. 20 I Panhandling 1. Prohibiting aggressive panhandling. Laws that prohibit aggressive panhandling are more likely to survive legal challenge than laws that prohibit all panhandling, and are therefore to be encouraged.' A growing number of jurisdictions have enacted aggressive - panhandling laws, most within the past 10 years.tt Enforcing aggressive - panhandling laws can be difficult, partly because few panhandlers behave aggressively, and partly because many victims of aggressive panhandling do not report the offense to police or are unwilling to file a complaint. Police can use proactive enforcement methods such as having officers serve as decoys, giving panhandlers the opportunity to panhandle them aggressively.73 Some agencies have provided officers with special legal training before enforcing aggressive - panhandling laws.74 Enforcing other laws panhandlers commonly violate —those regarding drinking in public, trespassing, disorderly conduct, etc.can help control some aspects of the panhandling problem. Because prosecutors and judges are unlikely to view isolated panhandling cases as serious matters, it is advisable to prepare and present to the court some background information on t British antisocial behavior orders panhandling 's overall impact on the community. Aproblem- are similar in some respects to American restraining and nuisance impact statement can help prosecutors and judges understand abatement orders. the overall negative effect the seemingly minor offense of panhandling is having on the community." In the United If Among the jurisdictions to have enacted aggressive - panhandling laws �� Kingdom, police can apply to the courts for an antisocial are the states of Hawaii and behavior order" against individuals or groups as one means of California, and the cities of San controlling their persistent low -level offending.' Violations of Francisco; Seattle; Minneapolis; Albuquerque, N.M.; Atlanta; the orders can result In relatively severe jail sentences.t It is Baltimore; Cincinnati; Dallas; Tulsa, unknown how effective the orders have been in controlling Okla.; and Washington, D.C. panhandling. 1. Prohibiting aggressive panhandling. Laws that prohibit aggressive panhandling are more likely to survive legal challenge than laws that prohibit all panhandling, and are therefore to be encouraged.' A growing number of jurisdictions have enacted aggressive - panhandling laws, most within the past 10 years.tt Enforcing aggressive - panhandling laws can be difficult, partly because few panhandlers behave aggressively, and partly because many victims of aggressive panhandling do not report the offense to police or are unwilling to file a complaint. Police can use proactive enforcement methods such as having officers serve as decoys, giving panhandlers the opportunity to panhandle them aggressively.73 Some agencies have provided officers with special legal training before enforcing aggressive - panhandling laws.74 Enforcing other laws panhandlers commonly violate —those regarding drinking in public, trespassing, disorderly conduct, etc.can help control some aspects of the panhandling problem. Responses to the Problem of Panhandling 1 21 Police need not heavily enforce aggressive- panhandling laws in order to control panhandling, the informal norms among most panhandlers discourage aggressive panhandling anyway. 75 Panhandlers exercise some influence over one another's behavior, to minimize complaints and keep police from intervening.' Enforcing aggressive - panhandling laws can serve to reinforce the informal norms because aggressive panhandling by the few makes panhandling less profitable for others." Aggressive - panhandling laws typically include the following specific prohibitions: • confronting someone in a way that would cause a reasonable person to fear bodily harm; • touching someone without his or her consent; • continuing to panhandle or follow someone after he or she has refused to give money; • intentionally blocking or interfering with the safe passage of a person or vehicle; • using obscene or abusive language toward someone while attempting to panhandle him or her; and • acting with intent to intimidate someone into giving money78 2. Prohibiting panhandling in specified areas. Many courts have held that laws can restrict where panhandling occurs. Panhandlers are increasingly being prohibited from panhandling: • near ATMs; • on public transportation vehicles and near stations and stops; 22 I Panhandling • near business entrances /exits; • on private property, if posted by the owner; and • on public beaches and boardwalks.' One legal commentator has proposed a novel approach to regulating panhandling: zoning laws that would strictly prohibit panhandling in some areas, allow limited panhandling in other areas, and allow almost all panhandling in yet other areas.80 The literature does not report any jurisdiction that has adopted this approach as a matter of law, though clearly, police officers informally vary their enforcement depending on community tolerance levels in different parts of their jurisdiction. Kip Kellogg panhandling in specified areas. 3. Prohibiting interference with pedestrians or vehicles. Some jurisdictions have enacted laws that specifically prohibit impeding pedestrians' ability to walk either by standing or by lying down in the way. Enforcement can be difficult where such laws require police to establish the panhandler's intent to Responses to the Problem of Panhandling 1 23 obstruct others. The city of Seattle drafted a law that eliminated the need to establish intent, and that law survived a legal challenge.81 Where panhandling occurs on roads, as car window - washing usually does, enforcing laws that prohibit interfering with motor vehicle traffic can help control the problem.82 4. Banning panhandlers from certain areas as a condition of probation. Because panhandling's viability depends so heavily on good locations, banning troublesome panhandlers from those locations as a condition of probation, at least temporarily, might serve to discourage them from panhandling and, perhaps, compel them to consider legitimate employment or substance abuse treatment.83 Convicted panhandlers might also be temporarily banned from publicly funded shelters.84 Alternatively, courts could use civil injunctions and restraining orders to control chronic panhandlers' conduct, although actual use of this approach does not appear in the literature.85 Obviously, police will require prosecutors' endorsements and judicial approval to advance these sorts of responses. 5. Sentencing convicted panhandlers to appropriate community service. Some jurisdictions have made wide use of community service sentences tailored to the particular offender and offense.86 For example, officers in St. Louis asked courts to sentence chronic panhandlers to community service cleaning the streets, sidewalks and alleys in the area where they panhandled.87 6. Requiring panhandlers to obtain solicitation permits. Some cities, including Wilmington, Del., and New Orleans, have at some time required panhandlers and window washers to obtain solicitation permits, just as permits are required from street vendors and others who solicit money in public.8 ,t t Licensing schemes for beggars reportedly have existed in England as far back as 1530 (Teir 1993). The Criminal Justice Legal Foundation (1994) has published guidance on drafting laws enabling permit systems, though the language seems designed to inhibit panhandling, rather than allow it. 24 I Panhandling Little is known about the effectiveness of such permit schemes. Public Education Responses 7. Discouraging people from giving money to panhandlers, and encouraging them to give to charities that serve the needy. In all likelihood, if people stopped giving money to panhandlers, panhandling would cease.89 Public education campaigns are intended to discourage people from giving money to panhandlers. They typically offer three main arguments: 1) panhandlers usually use the money to buy alcohol and drugs, rather than goods and services that will improve their condition; 2) giving panhandlers small amounts of money is insufficient to address the underlying circumstances that cause them to panhandle; and 3) social services are available to meet panhandlers' food, clothing, shelter, health care, and employment needs. Some people do not understand the relationship between panhandling and substance abuse, or are unaware of available social services, however obvious these factors may seem to police.90 Public education messages have been conveyed via posters, pamphlets, movie trailers, and charity collection points." A poster campaign was an important element of the New York City Transit Authority's effort to control subway panhandling.92 In Nashville and Memphis, Tenn., special parking meters were used as collection points for charities that serve the needy.93 Some police officers have invested a lot of their own time making personal appeals to discourage people from giving money to panhandlers.94 Some cities, such as Evanston, Ill., have hired trained civilians to make such appeals." Not everyone will be persuaded by the appeals; some will undoubtedly perceive them as uncaring. Responses to the Problem of Panhandling 1 25 STOP PANHANDLING! Area merchants and the Madison Police Department ask you to help discourage panhandling in Madison by refusing those who ask for change On the street. By doing this, you will foster a better environment for all. Avoid supporting what Is In many cases an alcoholic and destructive lifestyle. Basic needs are available through support agencies for those who wish to utilize them and you need not feel guilty when saying no to panhandlers. You are also encouraged to contact the Madison Police dispatcher, 28l regarding any individual who verbally or physically threatens you in an attempt to obtain money. Such Individuals are subject to arrest and prosecution. Area merchants will assist you in making such contact- Your cooperation will help maintain a harassment -free climate in public places in the city of Madison. City ordinance 24.12. Sponsored 4y! Greater State Street Business Aasorlatlon and the Madison Pol Ice Department as tms one Wis., have been used effectively to discourage people from giving money to panhandlers. 8. Using civilian patrols to monitor and discourage panhandling. In Baltimore, a business improvement district group hired police - trained, uniformed, unarmed civilian public - safety guides to intervene in low -level disorder incidents, and to radio police if their warnings were not heeded." Portland, Ore., developed a similar program,' as did Evanston.98 26 I Panhandling Situational Responses 10. Modifying the physical environment to discourage panhandlers from congregating in the area. Among the environmental features conducive to or facilitating panhandling are the following: access to water (for drinking, bathing and filling buckets for window washing); restrooms; unsecured garbage dumpsters (for scavenging food and sellable materials); and places to sit or lie down, protected from the elements. These physical features can be modified to discourage panhandling.10' Police in Santa Ana, Calif., as part of a larger effort to control aggressive panhandling, persuaded business owners to modify many physical features of their property, to make it less attractive to panhandlers, without inconveniencing customers.10' A number of police efforts to address broader problems related to transient encampments — problems that included panhandling —entailed 9. Encouraging people to buy and give panhandlers vouchers, instead of money. Some communities have t The earliest reported Program was instituted programs whereby people can buy and give in Los Angeles. other cities where panhandlers vouchers redeemable for food, shelter, voucher programs have been transportation, or other necessities, but not for alcohol or instituted include Berkeley, Santa Cruz and San Francisco, Calif.; Nashville; tobacco.t Typically, a private nonprofit organization prints and Memphis; New Haven; Portland, ore.; sells the vouchers and serves as the broker between buyers Chicago; Seattle; Boulder, Colo.; New York, and Edmonton, Alberta and merchants. Some vouchers are printed In a way that (Elhckson 1996; New York Times 1993; makes them difficult to counterfeit. Vouchers are often I'allstreetJournal1993). Some accompanied with printed information about where they can communities have considered and rejected voucher programs (Evanston be redeemed and what social services are available to the Police Department 1995). needy. Window signs and flyers are commonly used to advertise voucher programs. There is some risk, however, that panhandlers will exchange the vouchers for money through a black market," or that few people will buy the vouchers, as has been reported in some jurisdictions. "' Situational Responses 10. Modifying the physical environment to discourage panhandlers from congregating in the area. Among the environmental features conducive to or facilitating panhandling are the following: access to water (for drinking, bathing and filling buckets for window washing); restrooms; unsecured garbage dumpsters (for scavenging food and sellable materials); and places to sit or lie down, protected from the elements. These physical features can be modified to discourage panhandling.10' Police in Santa Ana, Calif., as part of a larger effort to control aggressive panhandling, persuaded business owners to modify many physical features of their property, to make it less attractive to panhandlers, without inconveniencing customers.10' A number of police efforts to address broader problems related to transient encampments — problems that included panhandling —entailed Responses to the Problem of Panhandling 1 27 removing the transients from the encampments and referring them to social service agencies. 103 11. Regulating alcohol sales to chronic inebriates who panhandle in the area. Because many panhandlers are chronic inebriates, and because they spend so much of their panhandling money on alcohol, enforcing laws that prohibit alcohol sales to intoxicated people or chronic inebriates is one means of discouraging panhandling in the area. Several police agencies have reported using this approach in their efforts to control panhandling and other problems related to chronic inebriates.104 Alternatively, merchants might be persuaded to change their sales practices to discourage panhandlers from shopping at their stores (e.g., by eliminating such products as fortified wine or not selling single containers of beer). 12. Controlling window- washing materials. Several police agencies have reported on ways to control how squeegee men /panhandlers acquire, store and use window - washing materials. Santa Ana police asked nearby businesses to remove an outdoor water fountain that squeegee men were using to fill their buckets.105 Vancouver, British Columbia, police discovered where squeegee men stored their buckets and squeegees, and had property owners secure the storage places. They also had gas station owners engrave their squeegee equipment with identifying marks to deter theft by panhandlers.10' 13. Promoting legitimate uses of public places to displace panhandlers. Police in Staffordshire, England, encouraged the municipal authority to promote street musicians in public places where panhandlers abounded, as one means to discourage panhandlers from begging in the area. 107 The underlying logic was that passersby would likely notice the distinction between those who solicit money in 28 I Panhandling exchange for something pleasant, and those who panhandle but offer nothing in return. Passersby would theoretically be less inclined to give money to panhandlers, thereby discouraging panhandling. Similarly, the New York /New Jersey Port Authority promoted new and attractive businesses in the Manhattan bus terminal as part of a larger strategy to reduce crime and disorder, including panhandling. Complaints about panhandling in the terminal declined by one -third over a four -year period.10' Social Services /Treatment Response 14. Providing adequate social services and substance abuse treatment to reduce panhandlers' need to panhandle. To address some of the underlying problems of many panhandlers (e.g., substance abuse, lack of marketable skills, mental illness, inadequate housing), police may need to advocate new social services, or help coordinate existing services.10' Police can be and have long been instrumental in advocating and coordinating social services for panhandlers, and in referring people to those services.11' Fontana, Calif., police coordinated a highly successful program that provided panhandlers and other transients with a wide range of health care, food, job training, and housing placement services. They offered treatment as an alternative to enforcement; they enforced laws regulating street disorder, including panhandling, and transported those willing to accept treatment to the social service center. "' New York /New Jersey Port Authority police did likewise in helping to control panhandling and other forms of crime and disorder in the Port Authority bus terminal in New York City. "' Short -term substance -abuse treatment programs, however, are not likely to be effective for most panhandlers —their addictions are too strong —and most who participate in short- Responses to the Problem of Panhandling 1 29 term programs quickly revert to their old habits.11' Unfortunately, long -term programs cost more than most communities are willing to spend. Police could advocate the most chronic offenders' being given priority for long -term treatment programs, or the courts could mandate such programs.11' Some social service outreach efforts target those people identified as causing the most problems for the community."' In Madison, Wis., detoxification workers even took to the streets to proactively monitor the conduct of their most difficult clients. Some panhandlers will, of course, refuse social service and treatment offers because they are unwilling to make the lifestyle changes usually required to stay in the programs."' Response With Limited Effectiveness 15. Enforcing laws that prohibit all panhandling. Many laws that prohibit all panhandling were written long ago and are vaguely and broadly worded: consequently, they are unlikely to survive a legal challenge.t About half of the states and over a third of major cities in America have laws that prohibit all or some forms of panhandling. "' t See Teir (1993) for a discussion of the long history of laws prohibiting and regulating begging. Appendix A: Summary of Responses to Panhandling 1 31 Appendix A: Summary of Responses to Panhandling The table below summarizes the responses to panhandling, the mechanism by which they are intended to work, the conditions under which they ought to work best, and some factors you should consider before implementing a particular response. It is critical that you tailor responses to local circumstances, and that you can justify each response based on reliable analysis. In most cases, an effective strategy will involve implementing several different responses. Law enforcement responses alone are seldom effective in reducing or solving the problem. Response Page No. Response How It Works Considerations No. Works Best If... Enforcement responses 1. 20 Prohibiting Subjects the most ...the law can Enforcement is aggressive offensive survive legal difficult because panhandling panhandlers to challenge, and few panhandlers criminal penalties; panhandlers are are intentionally reinforces clearly informed aggressive; informal rules of of what officers should be conduct among constitutes legal properly trained panhandlers vs. illegal conduct to make aggressive - panhandling charges 2. 21 Prohibiting Restricts ...the law can Costs associated panhandling in panhandling in survive legal with properly specified areas areas where it is challenge, posting areas most likely to panhandlers are where disrupt commerce clearly informed panhandling is and be of where they prohibited intimidating cannot panhandle, and enforcement is consistent 32 I Panhandling Response Page No. Response How It Works Considerations No. Works Best If... 3. 22 Prohibiting Restricts conduct ...the law can Proving intent to interference with that commonly survive legal interfere with pedestrians or disrupts challenge, and pedestrians can be vehicles commerce and enforcement is difficult intimidates consistent pedestrians; deals directly with window washing by denying window washers access to motorists 4. 23 Banning Denies ...panhandlers are Requires the panhandlers from panhandlers clearly informed cooperation of certain areas as a access to areas of where they prosecutors, judges condition of where cannot go, and and probation probation panhandling is police officers are officials profitable informed of which panhandlers are banned from the area 5. 23 Sentencing Tailors the ... the community Requires the convicted punishment to service is cooperation of panhandlers to the offense; meaningful and prosecutors, judges appropriate makes the properly and corrections community offender consider supervised officials service the impact Panhandling has on the community 6. 23 Requiring Discourages ...police officers May be viewed as panhandlers to panhandling are informed of unfair by the public; obtain solicitation through the permit little is known permits procedural requirement and about how effective requirements that consistently this approach is many panhandlers enforce it are unlikely to follow; allows for easier enforcement (no witnesses are required Appendix A: Summary of Responses to Panhandling 1 33 Response Page No. Response How It Works Considerations No. Works Best If... Public Education responses 7. 24 Discouraging Decreases the ...the message May require new people from supply of money that adequate investments in giving money to to panhandlers social services are social services to panhandlers, and and, consequently, available is make the message encouraging them lowers the level credible, and the credible; advertising to give to of panhandling message is heavily and promoting the charities that promoted message incurs serve the needy costs 8. 25 Using civilian Increases the level ...civilian Salary, training and patrols to of official patrollers are equipment costs monitor and monitoring and properly trained discourage intervention and supported by panhandling police 9. 26 Encouraging Restricts ... supported by Start -up and people to buy and panhandlers' merchants and administrative costs give panhandlers ability to buy the community for the program, a vouchers, instead alcohol and drugs black market may of money allow panhandlers to convert vouchers to cash, undermining the program; people may not buy vouchers Situational responses 10. 26 Modifying the Discourages ...private (and Requires property physical panhandlers from public) property owners' environment to soliciting in an owners cooperation; costs discourage area by making it understand how of making panhandlers from less comfortable the environment environmental congregating in to do so can contribute to changes; some risk the area panhandling that changes will also make the area less attractive for legitimate users 11. 27 Regulating Forces ...liquor license Will not address alcohol sales to panhandlers to holders panhandlers who chronic inebriates travel farther to understand the are not chronic who panhandle in buy alcohol, rationale for inebriates, including the area thereby liquor law drug addicts potentially enforcement, and displacing them enforcement is from the area consistent 34 I Panhandling Response Page No. Response How It Works Considerations No. Works Best If... 12. 27 Controlling Makes window ...property Costs (usually window - washing washing owners cooperate modest ) of materials (squeegeeing) in efforts to modifying the more difficult control the use of environment or the materials securing the materials 13. 27 Promoting Discourages ...passersby May attract more legitimate uses of people from approve of and people to an area, public places to giving money to support legitimate making it more displace panhandlers by street solicitors attractive to panhandlers encouraging them panhandlers to give to legitimate street solicitors Social Services / Treatment Response 14. 28 Providing Removes ...there are May require adequate social panhandlers' outreach efforts substantial new services and excuses for to identify and investments in substance abuse panhandling; serve panhandlers social services if treatment to undermines the who will benefit the community is reduce rationale for from social lacking them panhandlers' need giving money to services, especially to panhandle panhandlers, the most chronic addresses the offenders; underlying substance -abuse problems that treatment cause some programs are people to sufficiently long - panhandle term to be effective; panhandling enforcement is consistent, to motivate panhandlers to seek legitimate aid; and social services and police efforts are coordinated Response Vith Limited Effectiveness 15. 29 Enforcing laws Unlikely to survive that prohibit all legal challenge panhandling Appendix B: Selected Court Cases on Panhandling 1 35 Appendix B: Selected Court Cases on Panhandling The following are some notable U.S. court cases addressing the constitutionality of panhandling and laws that regulate it. You should consult local legal counsel to determine the state of the law in your jurisdiction. Berkeley Community Health Project v. Berkeley, 902 F. Supp. 1084 (N.D. Cal. 1995) and 966 R Supp. 941 (N.D. Cal. 1997). Struck down an ordinance that, among other restrictions, banned begging at night. The city subsequently deleted that provision from the ordinance, leaving only an ATM restriction intact. Blair v. Shanahan, 775 F. Supp. 1315 (N.D. Cal. 1991). Struck down a ban on accosting people to beg. The decision was subsequently vacated, 919 F. Supp. 1361 (N.D. Cal. 1996). C.C.B. v. State, 458 So. 2d 47 (Fla. Dist. Ct. App. 1984). Struck down a total ban on begging in public. Carreras v. City of Anaheim, 768 R 2d 1039, 1046 (9th Cir. 1985). Held that the California Constitution is broader than the U.S. Constitution in protecting speech; struck down begging ordinances. Chad v. Fort Lauderdale, 861 R Supp. 1057 (S.D. Fla. 1994). Upheld a ban on begging on the beach and boardwalk. City of Seattle v. Wl'ebster, 802 P. 2d 1333 (Wash. 1990), cent. denied, 111 S. Ct. 1690 (1991). Upheld an ordinance banning sidewalk obstruction. 36 I Panhandling Doucette v. Santa Monica, 995 R Supp. 1192 (C.D. Cal. 1996). Upheld time, place and manner restrictions on begging. Greater Cincinnati Coa&ion for Me Homeless v. City of Cincinnati, 56 R 3d 710, 714 (6th Cir. 1995). Cites evidence that the enforcement of an anti - begging ordinance reduced the incidence of begging. Loper v. Nex York City Pohce Department, 999 R 2d 699 (2d Cir. 1993). Struck down a ban on loitering for the purposes of begging on city streets. Los Angeles ANance for Survival v. City of Los Angeles, 157 E 3d 1162 (9th Cir. 1998). Struck down an aggressive - begging ordinance. The California Supreme Court subsequently overturned the lower court's ruling on the constitutionality of the ordinance, sending the case back to the federal district court. State ex rel. Wl'ilhams v. City Court of Tucson, 520 P. 2d 1166 (Ariz. Ct. App. 1974). Upheld a loitering- for - the - purposes- of- begging ordinance. Ulmer v. Municipal Court for Oakland - Piedmont Judicial District, 55 Cal. App. 3d 263, 127 Cal. Rpt. 445 (1976). Upheld a ban on begging that was later struck down by the Blair court. Young v. Nex York City TransitAuMoraty, 903 E 2d 146 (2d Cir. 1990). Upheld a ban on begging in the subway. Endnotes 1 37 Endnotes Cosgrove and Grant (1997). Burke (2000). Kelling and Coles (1996, 1994); Kozlowski (1999); Leoussis (1995); Harcourt (1998); Skogan (1990). ` Kelling and Coles (1996, 1994); Ellickson (1996); Vancouver Police Department (1999); Fontana Police Department (1998). Cosgrove and Grant (1997); Lankenau (1999); Goldstein (1993); Fontana Police Department (1998); Manning (2000). Burke (1998); Goldstein (1993); Teir (1993); Lankenau (1999); St. Petersburg Police Department (1997); Manning (2000). Goldstein (1993); Vancouver Police Department (1999). a See Ammann (2000); Barta (1999); Burns (1992); Hershkoff position in Hershkoff and Conner (1993); Lankenau (1999); Munzer (1997); Harcourt (1998). Munzer (1997). 0 See Kelling and Coles (1996); Ellickson (1996); Burke (2000); Teir (1998, 1993); Conner position in Hershkoff and Conner (1993); Criminal Justice Legal Foundation (1994). " Wilson (1991). Ellickson (1996). Kelling and Coles (1996); Ellickson (1996). 14 Kelling and Coles (1996). Burke (2000); Lankenau (1999). Kelling and Coles (1996, 1994); Kelling (1999). " Goldstein (1993). 8 Ellickson (1996); Goldstein (1993); University of Wisconsin- Madison Department of Police and Security (1997); St. Petersburg Police Department (1997); Alexandria Police Department (1995); Evanston Police Department (1995); Sampson and Scott (2000) (Fort Pierce, Ha., case study); Higdon and Huber (1987) (Dundalk project); Manning (2000). Burke (1998); Stark (1992); Lankenau (1999); Luckenbach and Acosta (1993); Evanston Police Department (1995, n.d.); Goldstein (1993); Santa Ana Police Department (1993); Chicago Tribune (1994); Manning (2000). zo Burke (1998). Lankenau (1999); Goldstein (1993); Luckenbach and Acosta (1993); Evanston Police Department (1995); Duneier (1999). 38 I Panhandling Goldstein (1993); Cosgrove and Grant (1997); Ellickson (1996); Burke (1998); Luckenbach and Acosta (1993). z3 Goldstein (1993); Luckenbach and Acosta (1993); New York City Police Department (1994); St. Petersburg Police Department (1997); Chicago Tiibune (1994); Evanston Police Department (n.d.); Higdon and Huber (1987) (Dundalk project); Manning (2000). 24 Goldstein (1993); St. Petersburg Police Department (1997); University of Wisconsin - Madison Department of Police and Security (1997). zs Ellickson (1996); Stark (1992); Goldstein (1993). 2� Ellickson (1996); Teir (1998); Goldstein (1993); Fontana Police Department (1998); Chicago Tribune (1994); Manning (2000). 27 Stark (1992). 28 Burke (1998); Lankenau (1999). 29 Stark (1992). o Lankenau (1999); Goldstein (1993). 31 Lankenau (1999); Goldstein (1993). 32 Goldstein (1993); Ellickson (1996). " Goldstein (1993); Luckenbach and Acosta (1993). 34 Ellickson (1996); Kelling and Coles (1996); Butterfield (1988). Burns (1992). Stark (1992). 37 Wilson (1991). a Stark (1992). Stark (1992); St. Petersburg Police Department (1997). 4D Ellickson (1996); Burke (1998); Stark (1992); Lankenau (1999); Goldstein (1993); Duneier (1999). 41 Ellickson (1996); Fontana Police Department (1998); University of Wisconsin- Madison Department of Police and Security (1997); Santa Ana Police Department (1993). 4z Leoussis (1995). 43 Stark (1992); Seattle Police Department (2000); Sampson and Scott (2000) (Fort Pierce case study). 44 Goldstein (1993). 45 University of Wisconsin- Madison Department of Police and Security (1997). 46 Goldstein (1993). 47 Goldstein (1993); Burke (1998); Luckenbach and Acosta (1993); Evanston Police Department (n.d.); Ellickson (1996); Stark (1992); Duneier (1999). 48 Ellickson (1996); Mabry (1994); Goldstein (1993); Luckenbach and Acosta (1993); Manning (2000); Duneier (1999). Endnotes 1 39 Burns (1992). o Lankenau (1999); Goldstein (1993). 51 Burke (1998); Lankenau (1999); Goldstein (1993); Luckenbach and Acosta (1993). z Stark (1992); Goldstein (1993). Burke (1998); Ellickson (1996). 4 Burke (1998). Ellickson (1996). Stark (1992). Kelling and Coles (1996, 1994); Teir (1993). a Ellickson (1996). Goldstein (1993); Cosgrove and Grant (1997); Ellickson (1996); Evanston Police Department (1995). 60 Ellickson (1996); Goldstein (1993). Teir (1993); Center for the Community Interest (1996); Criminal Justice Legal Foundation (1994). z Kelling and Coles (1996); Barta (1999); Ellickson (1996); Delmonico (1996); Kozlowski (1999); Leoussis (1995); Mabry (1994); Mitchell (1994); Nichols (1997); Teir (1998, 1993); Walston (1999); Hershkoff and Conner (1993); Munzer (1997). Leoussis (1995). 64 Kelling and Coles (1996); Ellickson (1996). �5 Goldstein (1993). Santa Ana Police Department (1993); Little (1992). 67 Cosgrove and Grant (1997); Goldstein (1993). 8 New York City Police Department (1994); Cosgrove and Grant (1997); Ellickson (1996); Burke (1998); Leoussis (1995); Teir (1993); Goldstein (1993). Ammann (2000). 70 St. Petersburg Police Department (1997); Vancouver Police Department (1999); Higdon and Huber (1987) (Dundalk project); Savannah Police Department (1995). 71 Bland and Read (2000). 71 Kelling and Coles (1996); Kelling (1999). 73 Savannah Police Department (1995). 40 I Panhandling " Kelling and Coles (1996) (discussing Seattle's response to panhandling); Santa Ana Police Department (1993); Felson et al. (1996). Ellickson (1996); Lankenau (1999); Goldstein (1993). Goldstein (1993). " Burke (2000); Delmonico (1996). 8 Kelling and Coles (1996). Kelling and Coles (1996); Cosgrove and Grant (1997); Ellickson (1996); Mabry (1994); Teir (1998); Kozlowski (1999) (citing a Fort Lauderdale law). 80 Ellickson (1996); see Munzer (1997) for a critique of Ellickson's zoning proposal. 81 Kelling and Coles (1996) (citing a Seattle law). 82 Vancouver Police Department (1999); New York City Police Department (1994). a3 University of Wisconsin- Madison Department of Police and Security (1997). 84 Teir (1993). a5 Ellickson (1996). a� Ammann (2000); Harcourt (1998). 87 Heimberger (1992). 88 Cosgrove and Grant (1997); Ellickson (1996); Mabry (1994); Ybarra (1996); Santa Ana Police Department (1993). a Ellickson (1996). 0 Manning (2000). Ellickson (1996); Luckenbach and Acosta (1993); Santa Ana Police Department (1993); Vancouver Police Department (1999); Evanston Police Department (1995); Higdon and Huber (1987); Manning (2000); Cosgrove and Grant (1997). Barta (1999); Harcourt (1998). Ellickson (1996). 94 University of Wisconsin- Madison Department of Police and Security (1997); Sampson and Scott (2000) (Fort Pierce case study). �5 Evanston Police Department (1995). Kelling and Coles (1996). 97 Nkrumah (1998); Egan (1993). Endnotes 1 41 98 Evanston Police Department (1995). Goldstein (1993). 0o Egan (1993). 01 Burns (1992); Green Bay Police Department (1999); Vancouver Police Department (1999); Sampson and Scott (2000) (Fort Pierce case study); Felson et al. (1996); Duneier (1999). oz Santa Ana Police Department (1993). 03 Sampson and Scott (2000) (Fort Pierce and San Diego case studies); Santa Ana Police Department (1993); Kelling and Coles (1996) (discussion of San Francisco's Operation Matrix). 04 Seattle Police Department (2000); Alexandria Police Department (1995); Green Bay Police Department (1999); Higdon and Huber (1987) (Dundalk project). os Santa Ana Police Department (1993). o� Vancouver Police Department (1999). 107 Manning (2000). 08 Felson et al. (1996). o� Stark (1992). o Bittner (1967); Kelhng and Coles (1994); Burke (1998); Goldstein (1993); Little (1992); Sampson and Scott (2000) (Fort Pierce case study); Fontana Police Department (1998); Higdon and Huber (1987) (Dundalk project); Manning (2000); Felson et al. (1996). Fontana Police Department (1998). 11z Felson et al. (1996). Goldstein (1993). 114 Manning (2000). 115 University of Wisconsin- Madison Department of Police and Security (1997); Manning (2000). 116 Manning (2000); Goldstein (1993); Stark (1992); Kelling and Coles (1994); Evanston Police Department (1995). 117 Leoussis (1995); Teir (1998, 1993). References) 43 References Alexandria (Va.) Police Department (1995). "Alexandria Alcohol Interdiction Program." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Ammann, J. (2000). "Addressing Quality -of -Life Crimes in Our Cities: Criminalization, Community Courts and Community Compassion." Saint Louis University Lan Journal 44:811 -820. Barta, P. (1999). "Giuliani, Broken Windows and the Right To Beg." Georgetoym Journal of Poverty Lay )& Po§g 6:165 -194. Bittner, E. (1967). "The Police on Skid Row: A Study of Peace Keeping." American Sociological Kevieav 32(5):699 -715. Bland, N., and T. Read (2000). Po§ ing Anti-So zal Behaviour: Police Research Series, Paper 123. London: Home Office. Burke, R. (2000). "The Regulation of Begging and Vagrancy: A Critical Discussion." Crime Prevention and Community Safety 2(2):43-52. (1998). "Begging, Vagrancy and Disorder." In R.H. Burke (ed.), Zero Tolerance Po§ ing. Leicester, England: Perpetuity Press. Burns, M. (1992). "Fearing the Mirror: Responding to Beggars In a'Kinder and Gentler' America." Hastings Constitutional LaavQuarterly 19(3):783 -844. Butterfield, E (1988). "New Yorkers Growing Angry Over Aggressive Panhandlers." Neav York Times, July 28, p. Al. 44 I Panhandling Center for the Community Interest (1996). "Aggressive Panhandling (Model Ordinance)." Washington, D.C.: Center for the Community Interest. wwwcommunitymterest .org /backgrounders /panhandling.htm. Chicago Tribune (1994). "Evanston Fights Panhandlers —With a Smile." May 27, p. 1. Cosgrove, C., and A. Grant (1997). National Survey of Municipal Police Departments on Urban Quality- of -Lafe Initiatives. Washington, D.C.: Police Executive Research Forum. Criminal Justice Legal Foundation (1994). A Guide To Kegulating Panhandling. Sacramento, Calif.: Criminal Justice Legal Foundation. Delmonico, D. (1996). "Aggressive Panhandling Legislation and the Constitution: Evisceration of Fundamental Rights —Or Valid Restrictions Upon Offensive Conduct ?" Hastings Constitutional LaavQuarterly 23:557 -590. Duneier, M. (1999). Siden)alk. New York: Farrar, Straus and Giroux. Egan, T. (1993). "In 3 Progressive Cities, It's Law vs. Street People." Neav York Times, Dec. 12. Ellickson, R. (1996). "Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows and Public -Space Zoning." Yale Lazar journal 105(5):1165 -1248. References) 45 Evanston Police Department (1995). "Anti - Panhandling Strategy." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Cited in Sampson, R., and M. Scott (2000). Tackling Came and Other Pub§c- Safety Problems: Case Studies in Problem Solving. Washington, D.C.: U.S. Department of Justice. Also published as Mulholland, J., J. Sowa and E. Steinhoff (1997). "Evanston Reduces Aggressive Panhandling by Influencing the Behavior of Givers." Problem Solving Quarterly 10(1):9 -12. (n.d.). "Panhandling in Evanston: Preliminary Report." Evanston, Ill.: Evanston Police Department. Felson, M., M. Belanger, G. Bichler, C. Bruzinski, G. Campbell, C. Fried, K. Grofik, L Mazur, A. O'Regan, P. Sweeney, A. Ullman, and L. Williams (1996). "Redesigning Hell: Preventing Crime and Disorder at the Port Authority Bus Terminal." In R. Clarke (ed.), Preventing Mass Transit Crime. Crime Prevention Studies, Vol. 6. Mousey, N.Y.: Criminal Justice Press. Fontana Police Department (1998). "Transient Enrichment Network." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Goldstein, B. (1993). "Panhandlers at Yale: A Case Study in the Limits of Law" Indiana Lax Revien) 27(2):295 -359. Green Bay (Wis.) Police Department (1999). "Street Sweeping, Broadway Style." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Published in Police Executive Research Forum, National Institute of Justice and Office of Community Oriented Policing Services (2000). Excellence in Problem - Oriented Policing: The 9999 Herman GoldsteinAavard Vinners. Washington, D.C.: U.S. Department of Justice. 46 I Panhandling Harcourt, B. (1998). "Reflecting on the Subject: A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory and Order - Maintenance Policing, New York Style." Michigan Lazar Kevien) 97:291 -389. Heimberger, B. (1992). "Working the Nightshift." Problem - SolvingQuarterly 5(4):1 -2. Hershkoff, H., and R. Conner (1993). "Aggressive Panhandling Laws." ABA journal 79 Qune):40 -41. Higdon, R. and P. Huber (1987). Hon) To Fight Pear: The COPE Program Package. Washington, D.C.: Police Executive Research Forum. Kelling, G. (1999). 'Broken Vindoms' and Police Discretion. Washington, D.C.: National Institute of Justice. Kelling, G., and C. Coles (1996). Fixing Broken Vindoms: Kestonng Order and Keducing Cnme in Our Communities. New York: Free Press. (1994). "Disorder and the Court." Pub§c Interest 116 (Summer) :57 -74. Kozlowski, J. (1999). "Brother, Can You Spare a Dime? Panhandling in Public Parks and Places." NKPA Lay) Kevien) 34 (December):34 -41. Lankenau, S. (1999). "Stronger Than Dirt: Public Humiliation and Status Enhancement Among Panhandlers." Journal of ContemporarJ Ethnography 28(3):288 -318. Leoussis, E (1995). "The New Constitutional Right To Beg —Is Begging Really Protected Speech ?" Saint Louis University Pub§c Lazar Kevie)ar 14(2):529 -550. References) 47 Little, J. (1992). "Moral Dilemma." St. Louis Post - Dispatch, June 7, p. C1. Luckenbach, R., and P. Acosta (1993). "The Street Beggar: Victim or Con Artist ?" The Po§ce Chief (October): 126-128. Mabry, C. (1994). "Brother, Can You Spare Some Change? —And Your Privacy, Too ?: Avoiding a Fatal Collision Between Public Interests and Beggars' First Amendment Rights." University of San Pvanc?'sco Lay, Keviex 28(2):310 -341. Manning, N. (2000). "The Make -It -Count Scheme: A Partnership Response to Begging in Stoke -on -Trent City Centre." Problem- SolvingQuavtevly 13(3):5 -8. Mitchell, C. (1994). "Aggressive Panhandling Legislation and Free Speech Claims: Begging for Trouble." Nex York Lay) School Lay) Keviex 39(4):697-717. Munzer, S. (1997). "Ellickson on 'Chronic Misconduct' in Urban Spaces: Of Panhandlers, Bench Squatters and Day Laborers." Harvard Civil lights — Civil Liberties Lay) Keviex 32:1 -48. New York City Police Department (1994). Po§ce Strategy No. S: Reclaiming the Pubhc Spaces of Nex York. New York: New York City Police Department. Near York Times (1993). "Plan Helps Panhandlers With Vouchers, Not Quarters." Current Events Edition. Sept. 26, p. I42. Nichols, P. (1997). "The Panhandler's First Amendment Right: A Critique of Loper v New York City Police Department and Related Academic Commentary." South Cavo§na Lay) Keviex 48:267 -291. 48 I Panhandling Nkrumah, W. (1998). "Shoppers Can Get Vouchers To Offer Panhandlers." The Oregonian, Nov 25. www.oregonnve.com. St. Petersburg (Fla.) Police Department (1997). "Repeat Alcoholic Offenders in Downtown St. Petersburg." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Sampson, R., and M. Scott (2000). Tack§ng Came and Other Pubhc- Safety Problems: Case Studies in Problem- Solving. Washington, D.C.: U.S. Department of Justice. Santa Ana Police Department (1993). "Harbor Plaza /Riverbed Project." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Cited in Sampson, R., and M. Scott (2000). Tackling Came and Other Pub§c- Safety Problems: Case Studies in Problem- Solving. Washington, D.C.: U.S. Department of Justice. Also published as Tegeler, B. (1993). "Shopping Center Blues." Problem - Solving Quarterly 6(4):4 -5. Savannah (Ga.) Police Department (1995). "Crime Suppression Unit P.O.P. Project." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Seattle Police Department (2000). Problem Solving. Nine Case Studies and Lessons Learned. Seattle: Seattle Police Department. Skogan, W. (1990). Disorder and Decline: Came and the Spiral of Decay in American Neighborhoods. New York: Free Press. Stark, L. (1992). "From Lemons to Lemonade: An Ethnographic Sketch of Late 20th Century Panhandling." Neav England Journal of Pub§c Po§g 8(1):341 -352. References) 49 Teir, R. (1998). "Restoring Order in Urban Public Spaces." Texas Revien) of Lazar & Politics 2:256 -291. (1993). "Maintaining Safety and Civility in Public Spaces: A Constitutional Approach to Panhandling." Louisiana Lazar Reviex 54(2):285 -338. University of Wisconsin - Madison Department of Police and Security (1997). "UW Police Response to Alcoholic Vagrants." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. Vancouver Police Department (1999). "Intersecting Solutions." Submission for the Herman Goldstein Award for Excellence in Problem- Oriented Policing. WUall Street Journal (1993). "Vouchers for Panhandlers." Aug. 26, p. Al. Walston, G. (1999). "Examining the Constitutional Implications of Begging Prohibitions in California." WVhittier Lazar Renex 20:547 -575. Wilson, G. (1991). "Exposure to Panhandling and Beliefs About Poverty Causation." Sociology and Social Research 76(1):14 -19. Ybarra, M. (1996). "Don't Ask, Don't Beg, Don't Sit." Neav York Times, May 19. About the Author) 51 About the Author Michael S Scott Michael S. Scott is an independent police consultant based in Savannah, Ga. He was formerly chief of police in Lauderhill, Fla.; served in various civilian administrative positions in the St. Louis Metropolitan, Ft. Pierce, Fla., and New York City police departments; and was a police officer in the Madison, Wis., Police Department. Scott developed training programs in problem- oriented policing at the Police Executive Research Forum (PERF), and is a judge for PERF's Herman Goldstein Award for Excellence in Problem- Oriented Policing. He is the author of Problem Onented Polz'cing. Reflections on the First 20 Years, and coauthor (with Rana Sampson) of Tack§ng Cnme and Other Pub§c- Safety Problems: Case Studies in Problem- Solving. Scott holds a law degree from Harvard Law School and a bachelor's degree from the University of Wisconsin - Madison. Recommended Readings 1 53 Recommended Readings A Police Guide to Surveying Citizens and Their Environments, Bureau of Justice Assistance, 1993. This guide offers a practical introduction for police practitioners to two types of surveys that police find useful: surveying public opinion and surveying the physical environment. It provides guidance on whether and how to conduct cost - effective surveys. • Assessing Responses to Problems: An Introductory Guide for Police Problem- Solvers, by John E. Eck (U.S. Department of Justice, Office of Community Oriented Policing Services, 2001). This guide is a companion to the Problem- Onented Guides for Po§ce series. It provides basic guidance to measuring and assessing problem- oriented policing efforts. • Conducting Community Surveys, by Deborah Weisel (Bureau of Justice Statistics and Office of Community Oriented Policing Services, 1999). This guide, along with accompanying computer software, provides practical, basic pointers for police in conducting community surveys. The document is also available at www.ojp.usdoj.gov /bjs. • Crime Prevention Studies, edited by Ronald V. Clarke (Criminal Justice Press, 1993, et seq.). This is a series of volumes of applied and theoretical research on reducing opportunities for crime. Many chapters are evaluations of initiatives to reduce specific crime and disorder problems. 54 I Panhandling • Excellence in Problem- Oriented Policing. The 9999 Herman Goldstein Award Winners. This document produced by the National Institute of Justice in collaboration with the Office of Community Oriented Policing Services and the Police Executive Research Forum provides detailed reports of the best submissions to the annual award program that recognizes exemplary problem - oriented responses to various community problems. A similar publication is available for the award winners from subsequent years. The documents are also available at www.ojp.usdoj.gov /nil'. • Not Rocket Science? Problem - Solving and Crime Reduction, by Tim Read and Nick Tilley (Home Office Crime Reduction Research Series, 2000). Identifies and describes the factors that make problem - solving effective or ineffective as it is being practiced in police forces in England and Wales. • Opportunity Makes the Thief Practical Theory for Crime Prevention, by Marcus Felson and Ronald V. Clarke (Home Office Police Research Series, Paper No. 98, 1998). Explains how crime theories such as routine activity theory, rational choice theory and crime pattern theory have practical implications for the police in their efforts to prevent crime. • Problem- Oriented Policing, by Herman Goldstein (McGraw -Hill, 1990, and Temple University Press, 1990). Explains the principles and methods of problem- oriented policing, provides examples of it in practice, and discusses how a police agency can implement the concept. Recommended Readings 1 55 • Problem- Oriented Policing: Reflections on the First 20 Years, by Michael S. Scott (U.S. Department of Justice, Office of Community Oriented Policing Services, 2000). Describes how the most critical elements of Herman Goldstein's problem- oriented policing model have developed in practice over its 20 -year history, and proposes future directions for problem- oriented policing. The report is also available at www.cops.usdoj.gov. • Problem- Solving: Problem- Oriented Policing in Newport News, by John E. Eck and William Spelman (Police Executive Research Forum, 1987). Explains the rationale behind problem- oriented policing and the problem - solving process, and provides examples of effective problem - solving in one agency. • Problem - Solving Tips: A Guide to Reducing Crime and Disorder Through Problem - Solving Partnerships by Karin Schmerler, Matt Perkins, Scott Phillips, Tammy Rinehart and Meg Townsend. (U.S. Department of Justice, Office of Community Oriented Policing Services, 1998) (also available at wwwcops.usdoj.gov). Provides a brief introduction to problem - solving, basic information on the SARA model and detailed suggestions about the problem - solving process. • Situational Crime Prevention: Successful Case Studies, Second Edition, edited by Ronald V. Clarke (Harrow and Heston, 1997). Explains the principles and methods of situational crime prevention, and presents over 20 case studies of effective crime prevention initiatives. 56 I Panhandling Tack ling Crime and Other Public- Safety Problems: Case Studies in Problem - Solving, by Rana Sampson and Michael S. Scott (U.S. Department of Justice, Office of Community Oriented Policing Services, 2000) (also available at wwwcops.usdoj.gov). Presents case studies of effective police problem - solving on 18 types of crime and disorder problems. Using Analysis for Problem - Solving: A Guidebook for Law Enforcement, by Timothy S. Bynum (U.S. Department of Justice, Office of Community Oriented Policing Services, 2001). Provides an introduction for police to analyzing problems within the context of problem- oriented policing. Using Research: A Primer for Law Enforcement Managers, Second Edition, by John E. Eck and Nancy G. LaVigne (Police Executive Research Forum, 1994). Explains many of the basics of research as it applies to police management and problem - solving. Other Guides in This Series 1 57 Other Guides in This Series Problem- Oriented Guides for Police series: 1. Assaults in and Around Bars. Michael S. Scott. 2001. 2. Street Prostitution. Michael S. Scott. 2001. 3. Speeding in Residential Areas. Michael S. Scott. 2001. 4. Drug Dealing in Privately Owned Apartment Complexes. Rana Sampson. 2001. 5. False Burglar Alarms. Rana Sampson. 2001. 6. Disorderly Youth in Public Places. Michael S. Scott. 2001. 7. Loud Car Stereos. Michael S. Scott. 2001. 8. Robbery at Automated Teller Machines. Michael S. Scott. 2001. 9. Graffiti. Deborah Lamm Weisel. 2002. 10. Thefts of and From Cars in Parking Facilities. Ronald V. Clarke. 2002. 11. Shoplifting. Ronald V. Clarke. 2002. 12. Bullying in Schools. Rana Sampson. 2002. 13. Panhandling. Michael S. Scott. 2002. 14. Rave Parties. Michael S. Scott. 2002. 15. Burglary of Retail Establishments. Ronald V. Clarke. 2002. 16. Clandestine Drug Labs. Michael S. Scott. 2002. 17. Acquaintance Rape of College Students. Rana Sampson. 2002. 18. Burglary of Single - Family Houses. Deborah Lamm Weisel. 2002. 19. Misuse of 911. Rana Sampson. 2002. Companion guide to the Problem- Oriented Guides for Police series: • Assessing Responses to Problems: An Introductory Guide for Police Problem - Solvers. John E. Eck. 2002. 58 I Panhandling Other Related COPS Office Publications • Using Analysis for Problem - Solving: A Guidebook for Law Enforcement. Timothy S. Bynum. 2001. • Problem- Oriented Policing: Reflections on the First 20 Years. Michael S. Scott. 2001. • Tackling Crime and Other Public - Safety Problems: Case Studies in Problem - Solving. Rana Sampson and Michael S. Scott. 2000. • Community Policing, Community Justice, and Restorative Justice: Exploring the Links for the Delivery of a Balanced Approach to Public Safety. Caroline G. Nicholl. 1999. • Toolbox for Implementing Restorative Justice and Advancing Community Policing. Caroline G. Nicholl. 2000. • Problem - Solving Tips: A Guide to Reducing Crime and Disorder Through Problem - Solving Partnerships. Karin Schmerler, Matt Perkins, Scott Phillips, Tammy Rinehart and Meg Townsend. 1998. For more information about the Problem- Onented Guides for Po&e series and other COPS Office publications, please call the Department of Justice Response Center at 1- 800 - 421 -6770 or check our website at www.cops.usdoj.gov. FOR MORE INFORMATION: U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, NW Washington, D.C. 20530 To obtain details on COPS programs, call the U.S. Department of Justice Response Center at 1.800.421.6770 Visit the COPS internet web site at the address listed below. e012011407 Created Date: January 29, 2002 fI .r A?= *r Deposit change you might ordinarily give directly to a panhandler. It's a better way to help. 100% of the money collected will be distributed among established organizations within the city of Atlanta who serve the homeless. www.StopPanhdndlmgAtlanta.coti , P SFIR handling H "b11c g� :�opr 4 Fwaa oI Atlanta �q �W+taoA r.om RKatlanta� Distributed &te Meeting ((0 Plans & Initiatives I STOP Panhandling Page I of 2 M STOP PANHANDLING ATLANTA PANHANDLING IS NOT THE ANSWER You lose because I-lanhandiers often use your money to support, their addictions to a cohoi and drugs. They lose by continuing these destructive be!iav:or lcaner than seeking help. The more: you give your change t� paTihclndiers, the 'nore Oieir lives don't change, ISEV 'E Food is readi�v available for IhOSe If! naeL., as vie!] as shelter and other support sorvwc5. Supporting ;ncal organt7armns char provide these serve rs ib the best way to nelp. A jundtlon of 5100 can provide one week of transitional housing with -nte-,:,e processional services for someone in need. Invest in long-lern'y solufloTI by giving your financial support and volunteering your time to help local organizations and service providers. To learn more about alternatives to handouts, please call the Ambassador Force of Downtown Atlanta at (404) 2IS-9600 RESPONDING TO PANHANDLERS • Asking for money is illegal anytime in Downtown Atlanta, and after dark throughout the City • If you would like to report an illegal panhandler, please call the Ambassador Force of Downtown Atlanta at ;404; 215-9600 Of Worse, if YOU feel threatened or if the panhandler shows aggressive behavior, immediately call 911 for police assistance. • If you encounter a pinhanclier, always walk away with certainty and confidence. • Make eve co;:tact and acknowledge the person witti a nod. Choose to resloond politely, and simply say "no" or ' ,,)rTy" • If you wan,, to offer panhandlers something, consider bottled water or food gtft certificates rather, rh3n money - FOLLOW US bbWNTOWN* ATLANTA NEWS ;-6 2— 1 RESOURCES Downtown lands Coca- Cola IT Center and 2,000 jobs About CAP & ADID Receive Design opl":,ns for New StildiLmn CAP Announces its 2013 Board of Directors View More News > L NKS Downtown Atlanta Better Interactive Map MARTA Approves Downtown Maps Additional $7 Million MONTHLY for Atlanta Streetcar View on Mobile Phone Receive Design opl":,ns for New StildiLmn CAP Announces its 2013 Board of Directors View More News > L NKS Atlanta Better SIGN UP b Buildings Challenge RECEIVE OUR Makes Sponsorship MONTHLY Gains NEWSLETTERS Members 5ection Get the latest news and Get Around hear about upcoming The Atlanta Falcons events' and Georgia World Congress Center < Receive Design opl":,ns for New StildiLmn CAP Announces its 2013 Board of Directors View More News > L NKS DOWNTOWN MAPS Hame I>'� Businecs lnlemcb— map" D0-10,1dlbie. MilPS About CAP & A0 I L) P13,15 & I"itiati.es Ambassador F—ce Members 5ection Get Around Pm-ss Roc,,n Have Fun 1-iiCki, Photo Gallery Live Here site map SZ 11 0' http://www.atlantadowntown.com/initiatives/stop-panl-iandling 201' Central Atlanta Progress So Hurl Plaza Suite 110 Atlanta, CA 30303 !4041 656-1877 Powered by Geocentric 6/18/2013 'Plans & Initiatives I STOP Panhandling I Redirect Giving Page I of 2 0 i A REDIRECT GIVING If you'd like to offer a real life change to someone, in need, ontribute to one of the following service providers REGIONAL COMMISSION ON HOMELESSNESS i Y A c/o the Unite,i Way of !,feLoipolttan 4 Attarta 100 Edgewoort Ave- NF Atlanta, GA 30303 2�— Donate now to the United •,,Jay GATEWAY 24/7 HOMELESS SERVICES CENTER 275 Pryor Street, S%,V, Atlanta, GA 30303 To make a cionador to Gateway 2417 contact Vince Sm.th, Executive Director at 404-215-6601 or -nad GIVING METERS x 4 240 G , A.T-E ., W. A. Y Special "Giving Nle.ers" are also available to deposit change you might ordinarily give direct y to a panhandler It's a better %vaY to help. All proceeds •0l fr,�-- 9:1;->n vu that provide corriprehei,srv,, serv:ceS for rnose who are t- i1v in rued. Giving Morel ", okl lK Q&A About Panhandling Prevention Giving Meters What are the giving meters and their purpose? The g;ving meters a,r refitted parking meters locamd throughout the city that provide an outlet for people to ,,live tneir spare change and have it go directly to orgam. ations that help the homeless, rather than giving change to panhandlers because a) the panhandlers may nol, be homeless and b) if thev are, giving them spate change is noc what will get them into housing. Where does the money go? of the monev collected will go towards organizations that aid the homeless, like United Way's Regional Commission on Homelessness and the Gdteway 24/7 Homeless Service, Center How many meters are currently in Atlanta and where are they located? There are currently IS meters in Atlanta in the foNo•rvinq Who controls the meters? The meters will be installed and managed by the City of Atlanta's Public Vlotks department. One hundred petccni: of the money collected will be distributed among established orgar,allons within the city of Atlanta whc serve the homeless. How often are the meters serviced? The Giving meters wfl be serviced according to the CiLy s established parking meter management schedule. Has this system been proven to work elsewhere? Yes, this system fas plover, successful in numerous cities throughout the country, Including Athens, Ga. Chattanooga, T -enn., and Deliver, Colo. DOWNTOWN ATLANTA NEWS Downtown lands Coca- Cola IT Center and 2,000 jobs .l 1".", 1 j. — - 1:11 MARTA Approves Additional $7 MiHion for Atlanta Streetcar Atlanta Better Buildings Challenge Makes Sponsorship Gains !w"!j" •)!"; The Atlanta Falcons and Georgia Would Congress Center Rrcnivc Design Options for New St-,diom CAP Announces its 2013 Board of Directors View More News > FOLLOW US RESOURCES About CAP & ADID Downtown Interactive Map Downtown Maps View on Mobile Phone SIGN UP b RECEIVE OUR 'MONTHLY NEWSLETTERS Get the latest news and hear about upcoming events' http://atlantadowntown.com/initiatives/stop-panhandling/redirect-giving 6/18/2013 Sample panhandling letter for use with your employees /guests, company bulletin board positing: Dear (Employee /guest): (Your company name) has joined efforts to provide meaningful support to those who are homeless in our city. Our goal is to help those who are less fortunate to make lasting improvements in their lives. If you are approached by someone on the street asking for money, consider the following information: • According to City of Atlanta Code, it is unlawful for any person(s) to solicit funds or any item of monetary value in the tourist triangle in downtown Atlanta. • Homelessness and panhandling are different issues. There is a population of homeless that sadly have not connected with available services. Separately, there is a small population of panhandlers that systematically exploit donations from well- intentioned people. • (Your company) supports the United Way of Metropolitan Atlanta and other local services that provide for those who are less fortunate. Our recommendations: Giving money encourages panhandling. It does little to provide food or shelter to anyone truly in need. When approached by a panhandler, respond with one of the attached referral cards. The cards provide information about local agencies with a proven track record in helping the homeless. If you'd like to offer a real life change to someone in need, contribute to one of the following service providers: - Regional Commission on Homelessness, c/o United Way of Metropolitan Atlanta, 100 Edgewood Ave. NE, Atlanta, GA 30303 www.unitedwayatlanta.orVeO- homeless.asp - Gateway 2417 Homeless Services Center, 275 Pryor St., SW, Atlanta, GA 30303 www. atewayctnorg Collection points will also be available to deposit change you might ordinarily give directly to a panhandler. All proceeds will be given to agencies that provide comprehensive services for those who are truly in need. We encourage you to alert the Atlanta Police Department or the Ambassador Force® of Downtown Atlanta (404- 215 -9600) of any solicitations encountered. Thank you for your interest and for your assistance in supporting a lasting and long -term solution to help those in need. We welcome your comments and suggestions. Sincerely, Distributed th Price, Cally ' eting From: Davenport, Joan Sent: Tuesday, June 18, 2013 2:57 PM To: O'Rourke, Tony; Price, Cally Subject: Giving Meters I found a total of 15 communities that have installed a version of the "Giving Meters ": 1. Atlanta 2. Denver 3. Washington DC 4. San Francisco 5. Miami 6. Nashville 7. Orlando, FL 8. Springfield MO 9. Seattle, (University Way area) 10. Lawrence Kansas 11. Cleveland 12. Baltimore 13. Las Vegas 14. Minneapolis 15. Virginia Beach From the stories I have gathered, Denver was probably the original program in the 16th Street Mall area. Theirs were originally Yellow, but they just upgraded them with Green and Blue colors. Revenues have not been huge from any program, but these are considered an education tool and a way to "redirect giving" to appropriate organizations. Atlanta City Council votes every year on which program to fund with these revenues. Denver has raised about $200,000 since 2007. Many cities offer private businesses the opportunity to sponsor a giving meter, which could be placed on private land, like in a parking lot or shopping center or front door of an establishment. Joan Davenport, AICP Strategic Project Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 576 -6417 joan.davenport(5yakimawa.gov 1 Distributed t th Meeting 00/3 Top 10 intersections where accidents occurred in 2012 Intersection # of accidents 1 1 st St &Washington Ave 31 2 1st St & Nob Hill Blvd 25 3 40th Ave & Nob Hill Blvd 20 4 40th Ave & Fruitvale Blvd 18 5 1 st St & Mead Ave 18 6 40th Ave & Summitview Ave 17 7 16th Ave & Nob Hill Blvd 16 8 Fair Ave & Nob Hill Blvd 15 9 18th St & Nob Hill Blvd 15 10 16th Ave & Surnm1tview Ave 15 Distributed t th Meeting_ -- Comments for panhandling hearing 6/17/13 Chuck Luna, 249 -0573 — "I used to work at Walmart. The homeless man, Brian, that the TV and newspaper keep featuring has a car and motorhome If he were homeless, he would not have these things. I think the panhandlers need to register with the City or police department and be able to prove they are homeless." 6/17/13 Julie — "I believe the panhandlers are dealing drugs. I was at 3rd Avenue and Nob Hill and watched a panhandler step off the corner into traffic. He approached a black sedan with loud music and handed the driver a small package of something The man gave him a large bill It wasn't just a one dollar bill " 6/18/13 Jim & Karen Thomas, Ikthomas109(a),q.com. I cant make the meeting tonight but would like to voice my concerns on this matter. We have many guests who are shocked by the amount of them we have in town. We all think it is just as bad if not worse than graffiti !!!!!!!!! They need to go, and to threaten us in the news paper by saying crime would be worse if they did not do this, GET A JOB like the rest of us have to do for the money they want to beg from us. They sure can put in a full day BEGGING !! and getting TAX FREE MONEY, I am so tired of seeing them EVERYWHERE!!!!!!! Please do something about it, I remember when it was against the law to be a vagrant I guess you call that THE GOOD OLE DAYS It really is dust like graffiti, and they get pretty pushy about it, I don't like the way they act it does not make me feel safe when they walk right up to your window 6/18/13 Deanna Pemberton, gramcrkrRclearwire.net. What about the Constitution ? ? ? ?? Why are you bothering the homeless Panhandlers? Tell the citiizens to stop giving the Panhandlers money!! Offer the Panhandlers the address of a shelter, our police officers need to fight crime! If some one is attacked, call 911!!! Are you going to stop the Salvation Army, the men in white cloths and Santa Claus ? ? ?? What about our Constitution ? ? ?? Do you now think that you are God ? ?? To do what ever you want ? ?? Price, Cally From: Joyce <quilter504 @aol com> Sent: Tuesday, June 18, 2013 9.06 AM To: O'Rourke, Tony Subject: Fwd Panhandling issue Mr Orourke I was listening to KIT this morning and felt that I had to respond to their topic of panhandling I am sending you my comments that I sent to them since I am not able to attend your meeting to discuss this problem As I told them, I am not a city resident but I do come into Yakima to shop The three incidents that I listed below were all within the last two weeks The gentleman at Target did not want to take no for an answer and since I was carrying my 15month old grand daughter, I was even more concerned I do feel that since the soft hearted folks do not seem to understand that they are indeed perpetuating the problem that the city needs to step in and do something to protect the safety of those who come in to the city to shop I am wondering if Code Enforcement could check out the guy in the bushes at BiMart. He was situated south of the coffee stand and before the first exit onto 40th Personally, I feel that these examples show the seriousness of the situation and they are just what I have recently experienced One can only imagine how many other people have had similar experiences These things to me are more important than focusing on smoking in parks Thank you for your time Joyce Miller 697 -3468 From: Joyce [mailto.guilter504CQaol . com] Sent: Tuesday, June 18, 2013 8 14 AM To: Lance Tormey, Mike Bastinelli, Dave Ettl Subject: RE Panhandling issue 1 Require them to have a business license Charge a hefty amount for it. Don't give it away In effect, they are a business and should be treated as such No license and they get one warning then JAIL. This would require an address and information would be submitted for tax purposes They are standing out there begging (expressing their right of free speech) making money and not paying a dime in taxes for their earnings 2 Them having a business license should not affect the nonprofits since they presently have their 503C status 3 As far as car washes etc for student groups, many of them are a splinter off of a non - profit and should be treated as such If such an ordnance would affect political sign holding, so be it. This act has also gotten to the point of ridiculousness There are times I would like to tell Gov Inslee where those signs belong since he started it in the area THREE RECENT PANHANDLING INCIDENTS 1 About two weeks ago, I was driving north on 40th Ave in the area of BiMart. A guy hopped off of the island in the middle of the road and ran to a car going northbound Cars had to slow to avoid hitting him and finally come to a stop This is a dangerous thing to do especially during the peak driving times 2 On this past Sunday we were leaving the AM /PM on 40th As we drove along the edge of the BiMart parking lot to get to the entry to 40th Ave , a man jumped out of the bushes to our car It looks as though he is living in between the bushes He is the same guy with the signs from over by Fred Meyer They are the signs saying Truth etc But, he has a tent like thing in the bushes with belongings. 3 While getting my grand daughter out of her carseat at the Target parking lot, I was approached by a man who said that he needed help with his car I held my grand daughter, locked the car and took off for the store He followed telling me he needed to get to work in Sunnyside I told him that I knew nothing about cars and did not carry cash He continued telling me his car was a Bob's Burger & Brew and that he needed help to get to work. In the store I went and proceeded to the first employee I saw and told them They went out and chased him away These incidents make people uncomfortable and I am sure would make people thing twice about going places I am not a resident of the city but I will contact the City Manager re my experiences since the city of Yakima does need shoppers to come in to the area Do you happen to have the e mail address for the City Manager? Thank you for listening Joyce Miller Danny Bird of Moonlit Ride Limousine W1_ Anom 3908 River Rd. 1' Yakima, Wa. k,(�� Distribute¢ t �" ,Meeting I live on the corner of 40th & River Rd. I am against panhandler's in Yakima. I wake up an there there all day. They go to the bathroom behind the wall. They leave there garbage. They leave there sign's so there there in the morning. One threatened to set fire to my shop. Brian the one on the frount page {June 15 2013 } called me a communist because I ask him to leave {more than once). One day I was down on 1St & Nob Hill an one came across 2 lane's of traffic tapping on my back window asking my client's for money. A couple of them even came to the door asking for money. Last summer they cought a group of them in the Bi Mart parking lot in there motor home with a table filled with drugs. Come to find out there were 3 or 4 group's in motor home's selling drugs. They found that one with a lot of cash with heroin {Odeed }. Homeless I don't think so. It's a business. What is the mission for? The one's I have talked to will not go to the mission because they can't drink do there drugs and have a curfew. I'm a tax payer an my tax dollor's an your tax dollor's payed for that sidewalk there on. Seam's to me they have all the right's an I have none. An they do not pay taxes. It dose not make Yakima look to good with a panhadler on every corner when people come to Yakima to a soccer or baseball game. Where there is a park not 200 ft. away. George Mitchell from MiDee Stitch & Saddle an my brother an I have got are corner pretty much panhandler free. But something need's to be done or they will be back an they will be more aggressive. If you think I'm being unfair fell free to come get them an have them out side your house or business all day. Thank You Danny Bird Moonlit Ride Limousine 0��