Keep those handouts: Panhandling is made a crime in more cities
Filed under: Wealth, Travel, Charity, Recession

According to the main Atlanta newspaper, the Journal-Constitution, cops have been trawling the streets this month dressed as tourists, hoping to catch panhandlers in the act of rustling up money. As of last week, 44 beggars have been arrested.
One of the police commanders in town explains that the frequency and intimidating style of local begging has gotten so bad that it's annoying tourists and scaring them away. And because most tourists who feel accosted by beggars don't return to town to testify, the city had to resort to using officers posing as tourists so that there would be someone around to tell it to the judge. The decoys are even rigged with hidden cameras.
Atlanta, which passed an ordinance three years ago that banned verbal panhandling in a restricted downtown area near the Georgia Aquarium, is far from the only city to place limits on begging. In the Peachtree City, beggars can usually get by silently holding a sign that asks for cash. But ask "aggressively" -- the interpretation, like the one for obscenity, is fluid -- and it's a crime.
It's not just Atlanta. Several other American cities are getting creative in figuring out ways to curb begging without running afoul of the courts. Many areas of concern have a common thread: tourism.
In 2006, Las Vegas tried outlawing the feeding of homeless people in city parks. That rule died in the U.S. District Court, but not after an uproar from civil libertarians. Around the same time, Orlando tried to ban the feeding the disadvantaged in its quickly gentrifying downtown district. Groups of up to 24 are permissible, but once a Good Samaritan's outreach tallies 25 or more, it's a crime. The federal courts are deciding the outcome of that one as you read this.
I will confess that I, probably like you, sometimes get a little uncomfortable when a "freelance doorman" (as I call them) loiters by the door of the bank where my ATM is located. (In 2003, San Francisco voters approved Proposition M, which outlaws just such a thing.) But I always have assumed it was their right to be there as long as they were on property and they aren't badgering anyone. Turns out that in some cities, it isn't.
Other tourist-friendly cities that have recently implemented such laws include Sarasota, Florida, about two hours southwest of Orlando (its bans were ruled constitutional) as well as Santa Monica, California, which forbids "even the giving of a cookie to a member of the public without a city permit," according to a rap sheet written by the National Coalition for the Homeless.
Some of the leaders backing these laws say that they're only trying to steer the homeless to established assistance channels. But some independent advocates say the rules are infringements on civil rights. In July, after Venice, Italy, banned begging, the Vatican protested by saying begging is "a human right."
There are already rules on the book that penalize physical attacks, harassment, public urination, petty theft, and other "quality of life" crimes most associated (fairly or unfairly) with the needy. Since we've got those, are further rules necessary, and is it fair to only apply them in some places but not others?
Either way, until higher courts settle the matter, if you give money or a sandwich to a beggar, you could be opening to door to criminal charges, either for you or for the recipient of your charity. Right now, the debate is about the rights of the beggars. But the question no one seems to be asking is about the rights of the Good Samaritans and whether each of us has the right to decide to whom to give our change. Or our cookies.
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Reader Comments (Page 1 of 1)
8-27-2008 @ 12:58AM
Pami said...
What are these people to do? The hoity-toity who sit in their plushy houses, cars and offices and make these stupid decisions have no clue how they can affect people's lives. We all know why they're doing this, because the rich feel "uncomfortable" walking down the street when they see one of these untouchables with their hand out. Well, I feel uncomfortable too but I've actually been known to drop some money in the cup or hand over my leftovers from my $70 meal. And you know what, the parties with me look at me like I'm from Mars. Now this is coming out of the mouth of a single white just about as conservative as you can get Republican and even I, me, and myself see that it's wrong. If these cities are going to make this a criminal offense then they can take the money and time to offer an alternative. There is MORE than enough resources in this country to be able to house people in at least some basic shelter and feed and cloth them. I'm not talking about giving each and every person a 3 bedroom 2 bath house with the white picket fence and a chicken in every pot deal; I'm talking about at least a bed in a dormitory style set up and food kitchens. Look at all the clothing that is thrown away and ends up in landfills every single day. THESE are the things that should be made criminal actions. Next time you throw out those Liz Claiborn or Ralph Lauren or Armani clothes with the tags on, think about the person that can't even afford warm gloves or shoes.
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8-27-2008 @ 12:58AM
Nancy Foster said...
As a person who was fired after worked over five years for a fundraising organization and has gone 3 weeks with no unemployment check,I can certainly understand why someone would panhandle or "stem" as it is called in the streets of Boston. While there are certainly places in the commonwealth of Massachusetts to get food,there are some things you can't get at a soup kitchen or food bank. I think people should be allowed to solicit help, but demanding money or hanging out at the ATM is not cool. If the powers that be or the blue bloods don't like beggars on "their" streets,then let the commonwealth work harder to make sure people have what they need including housing, a check,and dental care !!! (I thought it was rednecks that were supposed have bad dental hygiene until now...)
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8-27-2008 @ 12:57AM
Donna said...
Well, Nancy, you haven't told the whole story. If you were let go, why haven't you received unemployment benefits? And if your unemployment benefits have run out, how is it you haven't found another job, even if it means flipping burgers? As for asking the commonwealth to work harder to provide for its citizens, what is wrong with citizens working to provide for themselves? I disagree with you. No one should be accosted by a solicitation for money from anyone. There are agencies to "help" in situations, but for Pete's sake, it is only for temporary assistance, not full time benefits.
9-02-2008 @ 9:18PM
Gail said...
I wish my city would pass a law against panhandling. I was leaving the parking lot of our local grocery store. A woman was walking alongside the driveway with a little boy who looked like he might be six or seven years old. As I approached the two, the woman suddenly shoved the boy in front of my car to force me to stop so she could beg for money to feed her child. If she cares so much about him, why did she push him in front of a moving car driven by a stranger? I didn't give her anything.
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