source: orlandosentinel.com/orl-beg18sep18,0,7715362.story
PANHANDLING CRACKDOWN
No begging after dark
Orlando bans night panhandling but fails to enforce day rules
Mark Schlueb
Sentinel Staff Writer
(published) September 18, 2007
Orlando beefed up its panhandling rules Monday by outlawing begging after dark, but a review by the Orlando Sentinel has found that the city hasn't been sticking to the rules already on the books.
Monday's action means those caught panhandling anywhere in the city between sunset and sunrise will face fines of as much as $500, up to 60 days in jail, or both. Mayor Buddy Dyer and police Chief Mike McCoy said the measure approved 6-1 by the City Council makes Orlando safer.
"The concept is ... that you don't have strangers coming up to you after dark asking for money," McCoy said. "It frightens most people."
The nighttime ban is the city's latest effort to crack down on panhandling without banning it, which courts in other jurisdictions have found unconstitutional. Since 2000, downtown panhandlers have been allowed to beg only in a "panhandling zone," blue boxes painted on the sidewalk in about three dozen locations.
But the Sentinel review found that most of those blue boxes no longer exist. Of the 36 boxes painted downtown seven years ago, only five are still visible. Most were never repainted and disappeared or faded to a vague blue smudge. Many were lost to the condo and office building boom.
"They're all gone, with all the new sidewalks and construction," said Chester Kaczneski, 38, who was panhandling Monday morning at Robinson Street and Orange Avenue -- where there used to be a blue box -- after failing to find work in a labor pool.
"I'm looking for work," he said. "But if they catch you out of a box, you're going to jail."
The city's panhandling ordinance also requires the Orlando Police Department to hand out maps showing panhandling zone locations upon request. But a clerk at police headquarters said the department long ago ran out of the maps and no longer distributes them.
Courts have ruled panhandling is free speech that can't be outlawed entirely. An attorney who represents the homeless said the city's ordinance might be on shaky ground because officials haven't maintained the blue boxes.
"If they're going to regulate the time, the place or the manner you express yourself, they have to provide an alternative. For the government to promise an alternative and not follow through raised constitutionality problems," said Jackie Dowd of Legal Advocacy at Work, a nonprofit that provides free legal services to the homeless.
Dyer said there have been few arrests for begging outside the blue boxes because police have instead focused on "violent or aggressive" panhandlers. Arrest statistics were not immediately available.
Dowd wasn't convinced.
"My clients tell me over and over about being hassled for not being in the blue boxes or sitting down," she said. "The police use the blue boxes as leverage to move them along."
Officials said they are aware that many of the boxes are gone. They plan to repaint some and move others.
"It's to our advantage to have defined blue boxes," Dyer said. "We probably need to take a look at redesignating new ones."
The council approved the night ban, with Commissioner Robert Stuart dissenting. He argued that the city should concentrate on educating residents to donate to homeless services rather than panhandlers.
"My problem is, there is no alternative today other than enforcement," said Stuart, executive director of a Christian charity. "This issue needs to have something else that comes along with it."
Mark Schlueb can be reached at mschlueb@orlandosentinel.com or 407-420-5417.
•••
[Comment from Scott Maxwell's "Taking Names" column in the Orlando Sentinel, Sept. 18, 2007]
Don't pols beg, too?
The Orlando City Council passed its no-panhandling-after-dark law Monday, brushing aside free-speech arguments that people have a constitutional right to ask for money.
Mayor Buddy Dyer and the council may be right on the legal front. Still, it's kind of interesting to compare the way politicians in this town treat asking for money in very different ways.
Take, for instance, the reluctance to embrace serious campaign-finance reform. Apparently we live in a community where politicians think free-speech laws were meant to protect special interests' right to give them thousands of campaign dollars -- but not the right of the destitute to ask for spare change.
Tuesday, September 18, 2007
W. Palm Beach to Bar Some Handouts for Homeless
source: http://www.palmbeachpost.com/search/content/local_news/epaper/2007/09/15/s1b_minor_0915.html
City set to bar some handouts for homeless
By Emily Minor
Palm Beach Post Staff Writer
(published) Saturday, September 15, 2007
The word "homeless" isn't anywhere in the proposal, but everybody knows it's the homeless they're talking about.
West Palm Beach commissioners are about to outlaw feeding the homeless at three downtown spots. No more free "food distribution" at the Centennial Fountain, the library or Meyer Amphitheatre.
And I don't think they're referring to me handing out snacks to my family.
"It says everything but 'stop feeding the homeless,'" said City Commissioner Kimberly Mitchell.
For years, various groups of mostly faith-based individuals have provided meals downtown, and the outreach was always noticeable because the fountain, library lawn and amphitheatre are popular play areas.
Years ago, it was students from Palm Beach Atlantic University, the Christian-based college a few blocks from the library, that did the feedings.
Gary Richmond, the administrator at First Presbyterian Church of West Palm Beach - where the homeless are still fed every Monday night - said the student ministry started doing bag lunches and handing them out at the fountain on Wednesday nights.
"But they got told by the city to get out of there," Richmond said.
"They moved to CityPlace, but the management there said, 'You have to move on.'''
Homeless and the just plain hungry
Eventually, the PBAU students wound up at Richmond's church at 301 S. Olive Ave, where the church added a Tuesday-night feeding that the students handled. The church and the college aren't affiliated.
Richmond said the college kids eventually faded out and the church added Tuesday night to its program. It lasted until this past August, when the church did away with it for money reasons.
"We started this program six years ago, and back then it was 25 to 30 street people," Richmond said.
But things change.
Richmond said their Monday dinners began to attractlow-income individuals and families who knew about the free food. The meals are prepared at the church kitchen, and these days the Monday night dinners can draw as many as 150 - many of them construction workers, he said.
"The workers knew there was a meal, and they started walking over," said Richmond, who said they're always looking for volunteers and donations.
Meanwhile, at the fountain, other groups kept the feedings going on Wednesdays and Saturdays, and business owners - already hard-pressed to convince customers that downtown West Palm is safe - didn't much like it.
Some understand businesses' concerns
Lela Jordan, the youth and family services coordinator for Vickers Houseanda longtime advocate for the homeless, said this ordinance - which is scheduled for a public hearing on Sept. 24 - has been a long time coming.
"You really can't blame them," said Jordan, about the worried business owners.
Frankly, Jordan says all those homeless individuals around all those kids made her nervous - and not for the reasons you might think.
She worried about her homeless clientele.
"One time I came around the corner of the library and there was a homeless individual relieving himself," she said. "That poor homeless guy could have been put in jail for life for exposing himself.
"I think this will keep everybody safe."
Plus, Jordan knows you have to give and take.
Me? I'd be shooting my mouth off about how wrong this is.
It's a public space. Of course they can feed the homeless there. Stupid politicians. Nutty rules. Heartless businessmen.
But Jordan sees the bigger picture, the greater good.
Which is why she's Lela Jordan and I'm not.
[Mote: Another of the groups that would be affected by this ordinance is West Palm Food Not Bombs.]
City set to bar some handouts for homeless
By Emily Minor
Palm Beach Post Staff Writer
(published) Saturday, September 15, 2007
The word "homeless" isn't anywhere in the proposal, but everybody knows it's the homeless they're talking about.
West Palm Beach commissioners are about to outlaw feeding the homeless at three downtown spots. No more free "food distribution" at the Centennial Fountain, the library or Meyer Amphitheatre.
And I don't think they're referring to me handing out snacks to my family.
"It says everything but 'stop feeding the homeless,'" said City Commissioner Kimberly Mitchell.
For years, various groups of mostly faith-based individuals have provided meals downtown, and the outreach was always noticeable because the fountain, library lawn and amphitheatre are popular play areas.
Years ago, it was students from Palm Beach Atlantic University, the Christian-based college a few blocks from the library, that did the feedings.
Gary Richmond, the administrator at First Presbyterian Church of West Palm Beach - where the homeless are still fed every Monday night - said the student ministry started doing bag lunches and handing them out at the fountain on Wednesday nights.
"But they got told by the city to get out of there," Richmond said.
"They moved to CityPlace, but the management there said, 'You have to move on.'''
Homeless and the just plain hungry
Eventually, the PBAU students wound up at Richmond's church at 301 S. Olive Ave, where the church added a Tuesday-night feeding that the students handled. The church and the college aren't affiliated.
Richmond said the college kids eventually faded out and the church added Tuesday night to its program. It lasted until this past August, when the church did away with it for money reasons.
"We started this program six years ago, and back then it was 25 to 30 street people," Richmond said.
But things change.
Richmond said their Monday dinners began to attractlow-income individuals and families who knew about the free food. The meals are prepared at the church kitchen, and these days the Monday night dinners can draw as many as 150 - many of them construction workers, he said.
"The workers knew there was a meal, and they started walking over," said Richmond, who said they're always looking for volunteers and donations.
Meanwhile, at the fountain, other groups kept the feedings going on Wednesdays and Saturdays, and business owners - already hard-pressed to convince customers that downtown West Palm is safe - didn't much like it.
Some understand businesses' concerns
Lela Jordan, the youth and family services coordinator for Vickers Houseanda longtime advocate for the homeless, said this ordinance - which is scheduled for a public hearing on Sept. 24 - has been a long time coming.
"You really can't blame them," said Jordan, about the worried business owners.
Frankly, Jordan says all those homeless individuals around all those kids made her nervous - and not for the reasons you might think.
She worried about her homeless clientele.
"One time I came around the corner of the library and there was a homeless individual relieving himself," she said. "That poor homeless guy could have been put in jail for life for exposing himself.
"I think this will keep everybody safe."
Plus, Jordan knows you have to give and take.
Me? I'd be shooting my mouth off about how wrong this is.
It's a public space. Of course they can feed the homeless there. Stupid politicians. Nutty rules. Heartless businessmen.
But Jordan sees the bigger picture, the greater good.
Which is why she's Lela Jordan and I'm not.
[Mote: Another of the groups that would be affected by this ordinance is West Palm Food Not Bombs.]
Monday, September 17, 2007
City Council Approves New Panhandling Ban
source: Orlando Sentinel website blog
Nighttime panhandlers are persona non grata
posted by Mark Schlueb on Sep 17, 2007 4:39:22 PM
The Orlando City Council banned panhandling after dark anywhere in the city limits.
Commissioners gave the sunset-to-sunrise ban final approval after hearing Police Chief Mike McCoy and Mayor Buddy Dyer describe it as a public safety measure.
[Comment: It seems like every new measure the City adopts against the homeless is called "a public safety measure" in an effort to justify it. It would help if the press would ask officials to cite facts and figures to back up their "public safety" claims.]
Commissioner Robert Stuart voted against the measure, arguing that the city should instead concentrate on educating residents to donate to homeless service agencies rather than to panhandlers.
[Comment: Kudos to Commissioner Stuart for once again exhibiting common sense and compassion. He also was one of only two "no" votes against Orlando's anti-homeless food sharing ordinance.]]
NOTE: A previous version of this post incorrectly said the ban would be in effect from 7 p.m. to 7 a.m.
Nighttime panhandlers are persona non grata
posted by Mark Schlueb on Sep 17, 2007 4:39:22 PM
The Orlando City Council banned panhandling after dark anywhere in the city limits.
Commissioners gave the sunset-to-sunrise ban final approval after hearing Police Chief Mike McCoy and Mayor Buddy Dyer describe it as a public safety measure.
[Comment: It seems like every new measure the City adopts against the homeless is called "a public safety measure" in an effort to justify it. It would help if the press would ask officials to cite facts and figures to back up their "public safety" claims.]
Commissioner Robert Stuart voted against the measure, arguing that the city should instead concentrate on educating residents to donate to homeless service agencies rather than to panhandlers.
[Comment: Kudos to Commissioner Stuart for once again exhibiting common sense and compassion. He also was one of only two "no" votes against Orlando's anti-homeless food sharing ordinance.]]
NOTE: A previous version of this post incorrectly said the ban would be in effect from 7 p.m. to 7 a.m.
Sunday, September 16, 2007
SPEAK OUT AGAINST PANHANDLING ORDINANCE
S.T.O.P.--Stop the Ordinance Partnership http://stop-orlando.org strongly encourages local concerned citizens and homeless advocates to attend tomorrow's (Mon., Sept. 17) Orlando City Council meeting, which starts at 2 p.m., to speak out against the City's new panhandling ordinance. This measure bans panhandling anywhere within the City limits "after sunset or before sunrise." It is being justified by exaggerated claims about "aggressive panhandling." What it really does is give the Dyer administration and the Orlando police another tool which they can use to harass and punish homeless people by further making their status as homeless people a crime. It sends the homeless the message that they are not welcome in Orlando. It stigmatizes the homeless and marginalizes them, which encourages people to see them as less than equals, as people who are inferior and socially unacceptable and undeserving of respect and dignity. This in turn will lead to further instances of violence against the homeless (a real problem throughout Florida including Orlando).
This measure attacks a symptom of homelessness rather than the problem's roots causes--low wage jobs, not enough affordable housing for working poor people, the lack of a homeless drop-in center (where they could get services), the chronic shortage of shelter beds in Central Florida (2,000 for a homeless population estimated at 9,000), a shortage of mental health and substance abuse treatment programs for the homeless, etc. It also represents another black eye for the City of Orlando since it shows that Orlando--at least its politicians, its civic elite and the developers and business interests they represent--lacks compassion for the least among us and would rather push them aside than provide the sort of substantive assistance they need to become self-supporting and domiciled. This ordinance is authoritarian to its core--it criminalizes free speech (asking for alms or charity) and takes away the autonomy of the homeless to survive as best they can without breaking the law since giving money to a panhandler is totally consensual; this ordinance seeks to change that by interfering with interactions between panhandlers and the panhandled and seeks to make an act of compassion--giving spare change--into a socially unacceptable act, which is wrong. Finally this ordinance shows that while Orlando may aspire to be a "world-class city" (one of the rationales for spending more than $1 billion on the three venues), it's really a small town at heart that wants its downtown to resemble main street at Disney World rather than the urban corridors one finds in real cities, teeming with people from all walks of life.
Enforcement of this ordinance will require the use of scarce police resources that could be better used to deal with an ever-increasing violent crime rate in Orlando and will not result in any improvement in the quality of life for residents or visitors in downtown Orlando. It will not even probably noticably reduce the level of panhandling downtown since laws designed to prohibit certain behaviors have a dismal track record of compliance (drug laws and America's failed experiement with the prohibition of alcohol are two good examples). Undoubtedly, many of the homeless people arrested and convicted for violating this ordinance will serve a few weeks to two months in the county jail, using taxpayers' money to incarcerate non-violent offenders who pose no threat to society. Those arrested will undoubtedly accumulate fines (and penalties for not paying them) that will pose another barrier to their ability to reintegrate into the mainstream of society.
Speaking against this ordinance is not going to change the outcome of the second vote (only one commissioner, Robert Stuart [to his credit] voted against this measure at first reading). However, it's still important that our voices be heard. The City Council and Mayor Dyer need to know that they're actions are being monitored by citizens who believe that respect and compassion for the homeless and respect for civil liberties and finding real solutions--ones that are humane, effective, and constitutional--to the problems of homelessness in our community are important.
Pleas be warned that speaking out against this ordinance will require some patience since it will require sitting first sitting through many other items on the Council agenda. It may not come up for discussion, citizen input and a vote until at least some time between 3-4 p.m.
The ordinance (which is described as "An ordinance amending Chapter 43 of the City Code - Section 43.86(5) and Section 43.87(2)(c). Time of Panhandling") is the LAST item on the agenda (under the heading Ordinances/2nd Read). It comes after the Opening (which includes the invocation, Pledge of Allegiance, etc.); awards presentations; Mayor's Update (which has items A-L); Hearings/Ordinances/2nd Read; and Ordinances/1st Read.
For more information, e-mail stop-orlando@stop-orlando.org or call 407.252.1379.
This measure attacks a symptom of homelessness rather than the problem's roots causes--low wage jobs, not enough affordable housing for working poor people, the lack of a homeless drop-in center (where they could get services), the chronic shortage of shelter beds in Central Florida (2,000 for a homeless population estimated at 9,000), a shortage of mental health and substance abuse treatment programs for the homeless, etc. It also represents another black eye for the City of Orlando since it shows that Orlando--at least its politicians, its civic elite and the developers and business interests they represent--lacks compassion for the least among us and would rather push them aside than provide the sort of substantive assistance they need to become self-supporting and domiciled. This ordinance is authoritarian to its core--it criminalizes free speech (asking for alms or charity) and takes away the autonomy of the homeless to survive as best they can without breaking the law since giving money to a panhandler is totally consensual; this ordinance seeks to change that by interfering with interactions between panhandlers and the panhandled and seeks to make an act of compassion--giving spare change--into a socially unacceptable act, which is wrong. Finally this ordinance shows that while Orlando may aspire to be a "world-class city" (one of the rationales for spending more than $1 billion on the three venues), it's really a small town at heart that wants its downtown to resemble main street at Disney World rather than the urban corridors one finds in real cities, teeming with people from all walks of life.
Enforcement of this ordinance will require the use of scarce police resources that could be better used to deal with an ever-increasing violent crime rate in Orlando and will not result in any improvement in the quality of life for residents or visitors in downtown Orlando. It will not even probably noticably reduce the level of panhandling downtown since laws designed to prohibit certain behaviors have a dismal track record of compliance (drug laws and America's failed experiement with the prohibition of alcohol are two good examples). Undoubtedly, many of the homeless people arrested and convicted for violating this ordinance will serve a few weeks to two months in the county jail, using taxpayers' money to incarcerate non-violent offenders who pose no threat to society. Those arrested will undoubtedly accumulate fines (and penalties for not paying them) that will pose another barrier to their ability to reintegrate into the mainstream of society.
Speaking against this ordinance is not going to change the outcome of the second vote (only one commissioner, Robert Stuart [to his credit] voted against this measure at first reading). However, it's still important that our voices be heard. The City Council and Mayor Dyer need to know that they're actions are being monitored by citizens who believe that respect and compassion for the homeless and respect for civil liberties and finding real solutions--ones that are humane, effective, and constitutional--to the problems of homelessness in our community are important.
Pleas be warned that speaking out against this ordinance will require some patience since it will require sitting first sitting through many other items on the Council agenda. It may not come up for discussion, citizen input and a vote until at least some time between 3-4 p.m.
The ordinance (which is described as "An ordinance amending Chapter 43 of the City Code - Section 43.86(5) and Section 43.87(2)(c). Time of Panhandling") is the LAST item on the agenda (under the heading Ordinances/2nd Read). It comes after the Opening (which includes the invocation, Pledge of Allegiance, etc.); awards presentations; Mayor's Update (which has items A-L); Hearings/Ordinances/2nd Read; and Ordinances/1st Read.
For more information, e-mail stop-orlando@stop-orlando.org or call 407.252.1379.
Thursday, September 13, 2007
Panhandlers Still Haunt City Hall
orlandosentinel.com/news/columnists/orl-maxwell1307sep13,0,7235642.column
Panhandlers still haunt City Hall
Scott Maxwell
TAKING NAMES
(published) September 13, 2007
Once again, Buddy Dyer and the Orlando City Council are trying to deal with the complicated issue of homelessness in the simplest possible way -- by arresting the destitute.
This time, the council is expected to give final approval Monday to make it a crime to panhandle after dark.
That comes on the heels of Dyer and company making it a crime for volunteers to feed groups of people in a public park. And after making it a crime to sit down on sidewalks.
If there's a way to throw poor people in jail, Orlando seems interested.
The city's willing to throw resources at the matter, too. Undercover cops have been used, to nab not only panhandlers, but also those who perpetrate the heinous crime of ladling out unauthorized stew.
To be fair, Buddy has simply followed suit. Before he ever took office, the City Beautiful tried everything from banning panhandling to forcing beggars into little blue boxes.
And yet still, we have homeless people. In fact, Dyer claims the problem is as bad as ever.
Doesn't that say something?
It does to Robert Stuart.
The Orlando commissioner whose full-time job is running the Christian Service Center was the only member of the council who opposed the latest panhandling law.
"We take the easy way," he said. "I mean, it's easy to pass an ordinance. What's hard is to look for a solution."
Let's be clear. Nobody likes panhandlers.
When I'm walking with my 4- and 7-year-old, I pull them a little closer or cross to the other side of the street if I see one in our path.
But afterward, I often think that, whatever fear or discomfort I just encountered, the person asking for the money has it even worse.
And then you start to wonder: How can we change that?
I know that Buddy has asked himself that question.
He and his wife have personally helped the Coalition for the Homeless raise money. And he was intimately involved in the creation of the Regional Commission on Homelessness.
The regional commission -- which involves bringing experts together from throughout Central Florida -- is a great idea. In fact, it's such a good idea that Stuart couldn't figure out why there was such a rush to pass another law before the commission completed its work.
"We've got a regional commission," he said. "Why don't we listen to them?"
Dyer said Wednesday that he didn't think he needed to wait, arguing that panhandling doesn't have "anything to do with homelessness" and that a large percentage of beggars go back to their homes every night. I'm sure some would debate that.
But Dyer also said he was ready to take action to protect residents -- and that if he waited for consensus on everything, little would get done.
To truly make a difference, however, there has to be more than punitive measures.
According to one report I saw, 41 percent of the homeless are families with children; 23 percent are mentally ill; and 5 percent are minors without parents.
Jail cells aren't the solution for all those people.
That report, by the way, came from City Hall.
It was prepared for and given to Dyer a few years ago.
The report stressed that the city should look for long-term goals "and not only short-term solutions."
It recommended more substance-abuse programs and mental-health treatment. It talked of job training and affordable housing.
All of those suggestions drove home the same point -- that helping the homeless learn new skills, kick a drug habit or get the right medication can be crucial to ending a cycle of destitution that jail cells alone never can.
And yet many of those goals remain unfulfilled -- most of them, in fact, Stuart said.
We have, however, come up with new ways to arrest people for feeding the homeless or asking for spare change.
And yes, new laws were, in fact, recommended in that report. Even Stuart, who served on that committee, says as much.
"I think that was the 21st suggestion," he said. "Out of 23."
Panhandlers still haunt City Hall
Scott Maxwell
TAKING NAMES
(published) September 13, 2007
Once again, Buddy Dyer and the Orlando City Council are trying to deal with the complicated issue of homelessness in the simplest possible way -- by arresting the destitute.
This time, the council is expected to give final approval Monday to make it a crime to panhandle after dark.
That comes on the heels of Dyer and company making it a crime for volunteers to feed groups of people in a public park. And after making it a crime to sit down on sidewalks.
If there's a way to throw poor people in jail, Orlando seems interested.
The city's willing to throw resources at the matter, too. Undercover cops have been used, to nab not only panhandlers, but also those who perpetrate the heinous crime of ladling out unauthorized stew.
To be fair, Buddy has simply followed suit. Before he ever took office, the City Beautiful tried everything from banning panhandling to forcing beggars into little blue boxes.
And yet still, we have homeless people. In fact, Dyer claims the problem is as bad as ever.
Doesn't that say something?
It does to Robert Stuart.
The Orlando commissioner whose full-time job is running the Christian Service Center was the only member of the council who opposed the latest panhandling law.
"We take the easy way," he said. "I mean, it's easy to pass an ordinance. What's hard is to look for a solution."
Let's be clear. Nobody likes panhandlers.
When I'm walking with my 4- and 7-year-old, I pull them a little closer or cross to the other side of the street if I see one in our path.
But afterward, I often think that, whatever fear or discomfort I just encountered, the person asking for the money has it even worse.
And then you start to wonder: How can we change that?
I know that Buddy has asked himself that question.
He and his wife have personally helped the Coalition for the Homeless raise money. And he was intimately involved in the creation of the Regional Commission on Homelessness.
The regional commission -- which involves bringing experts together from throughout Central Florida -- is a great idea. In fact, it's such a good idea that Stuart couldn't figure out why there was such a rush to pass another law before the commission completed its work.
"We've got a regional commission," he said. "Why don't we listen to them?"
Dyer said Wednesday that he didn't think he needed to wait, arguing that panhandling doesn't have "anything to do with homelessness" and that a large percentage of beggars go back to their homes every night. I'm sure some would debate that.
But Dyer also said he was ready to take action to protect residents -- and that if he waited for consensus on everything, little would get done.
To truly make a difference, however, there has to be more than punitive measures.
According to one report I saw, 41 percent of the homeless are families with children; 23 percent are mentally ill; and 5 percent are minors without parents.
Jail cells aren't the solution for all those people.
That report, by the way, came from City Hall.
It was prepared for and given to Dyer a few years ago.
The report stressed that the city should look for long-term goals "and not only short-term solutions."
It recommended more substance-abuse programs and mental-health treatment. It talked of job training and affordable housing.
All of those suggestions drove home the same point -- that helping the homeless learn new skills, kick a drug habit or get the right medication can be crucial to ending a cycle of destitution that jail cells alone never can.
And yet many of those goals remain unfulfilled -- most of them, in fact, Stuart said.
We have, however, come up with new ways to arrest people for feeding the homeless or asking for spare change.
And yes, new laws were, in fact, recommended in that report. Even Stuart, who served on that committee, says as much.
"I think that was the 21st suggestion," he said. "Out of 23."
Wednesday, September 12, 2007
Orlando City Council Approves Panhandling Restrictions
orlandosentinel.com/community/news/conway/orl-beg1107sep11,0,4226728.story
No panhandling in the dark, Orlando says
City moves to limit begging -- ACLU says it can't
Mark Schlueb
Sentinel Staff Writer
(published) September 11, 2007
If you need spare change, don't wait until after dark to ask for it.
The Orlando City Council voted 5-1 Monday to grant preliminary approval to an ordinance that would prohibit panhandling anywhere within city limits between sunset and sunrise.
For the past seven years, the city has confined beggars downtown to a few dozen "panhandling zones," which are 3-by-15-foot rectangles painted on the sidewalk.
Police Chief Mike McCoy said the nighttime ban is a matter of public safety.
"We ought to be able to go outside without being worried about being accosted after dark," McCoy said. "It makes it a lot safer for everyone involved to limit it to the daytime hours."
A representative of the American Civil Liberties Union of Florida spoke against the proposal, arguing that it is unconstitutional.
"It tramples the most basic and fundamental of rights that are guaranteed by the constitution: the right to free speech," Matt de Vlieger said.
In 1997, the city began requiring would-be panhandlers to go to police headquarters to obtain a special permit before asking for money. When courts began overturning similar laws in other cities, Orlando dropped that rule in favor of the painted panhandling boxes.
Sean Kane, who has been battling the city's anti-panhandling efforts for years, predicted the nighttime ban would be overturned if challenged in court. The city's justification for the ordinance -- complaints about aggressive panhandlers -- doesn't hold up, Kane said.
"Everything we've listened to is anecdotal hyperbole," he said.
But city officials said other cities, such as Sarasota and Pittsburgh, have adopted nighttime bans. Orlando's original proposal was to ban panhandling from 7 p.m. to 7 a.m., but the council changed it.
Commissioner Robert Stuart, executive director of the Christian Service Center, was the City Council's lone dissenter. He said the council should put off a decision until the Regional Commission on Homelessness, which was formed in June, issues its recommendations. Stuart also said the ban isn't necessary because there are already laws on the books to deal with aggressive and abusive panhandlers.
"I think this is a bad ordinance at the wrong time," Stuart said. "If people feel threatened today, they can call, and that situation can be taken care of."
But other commissioners said more needs to be done.
"We get called mean because we don't want people being chased, we don't want people being harassed, we don't want people being assaulted," Commissioner Patty Sheehan said. "I'm constantly getting panhandled, and it's scary."
The council is expected to grant final approval to the ban at its next meeting.
Mark Schlueb can be reached at 407-420-5417 or mschlueb@orlandosentinel.com.
No panhandling in the dark, Orlando says
City moves to limit begging -- ACLU says it can't
Mark Schlueb
Sentinel Staff Writer
(published) September 11, 2007
If you need spare change, don't wait until after dark to ask for it.
The Orlando City Council voted 5-1 Monday to grant preliminary approval to an ordinance that would prohibit panhandling anywhere within city limits between sunset and sunrise.
For the past seven years, the city has confined beggars downtown to a few dozen "panhandling zones," which are 3-by-15-foot rectangles painted on the sidewalk.
Police Chief Mike McCoy said the nighttime ban is a matter of public safety.
"We ought to be able to go outside without being worried about being accosted after dark," McCoy said. "It makes it a lot safer for everyone involved to limit it to the daytime hours."
A representative of the American Civil Liberties Union of Florida spoke against the proposal, arguing that it is unconstitutional.
"It tramples the most basic and fundamental of rights that are guaranteed by the constitution: the right to free speech," Matt de Vlieger said.
In 1997, the city began requiring would-be panhandlers to go to police headquarters to obtain a special permit before asking for money. When courts began overturning similar laws in other cities, Orlando dropped that rule in favor of the painted panhandling boxes.
Sean Kane, who has been battling the city's anti-panhandling efforts for years, predicted the nighttime ban would be overturned if challenged in court. The city's justification for the ordinance -- complaints about aggressive panhandlers -- doesn't hold up, Kane said.
"Everything we've listened to is anecdotal hyperbole," he said.
But city officials said other cities, such as Sarasota and Pittsburgh, have adopted nighttime bans. Orlando's original proposal was to ban panhandling from 7 p.m. to 7 a.m., but the council changed it.
Commissioner Robert Stuart, executive director of the Christian Service Center, was the City Council's lone dissenter. He said the council should put off a decision until the Regional Commission on Homelessness, which was formed in June, issues its recommendations. Stuart also said the ban isn't necessary because there are already laws on the books to deal with aggressive and abusive panhandlers.
"I think this is a bad ordinance at the wrong time," Stuart said. "If people feel threatened today, they can call, and that situation can be taken care of."
But other commissioners said more needs to be done.
"We get called mean because we don't want people being chased, we don't want people being harassed, we don't want people being assaulted," Commissioner Patty Sheehan said. "I'm constantly getting panhandled, and it's scary."
The council is expected to grant final approval to the ban at its next meeting.
Mark Schlueb can be reached at 407-420-5417 or mschlueb@orlandosentinel.com.
Saturday, September 8, 2007
Orlando May Further Restrict Panhandling
orlandosentinel.com/news/local/orl-mbeg0807sep08,0,3650433.story?coll=orl_tab01_layout
OrlandoSentinel.com
Orlando might ban nighttime begging
Reports of aggressive panhandling spur a push for the City Council to consider more limits.
Mark Schlueb | Sentinel Staff Writer
(published) September 8, 2007
First, Orlando made panhandlers apply for permits before asking for spare change. Then the city restricted downtown begging to a few dozen "panhandling zones."
On Monday, the City Council will be asked to consider the next step: an outright ban on panhandling at night.
"We get reports just about every day of a panhandler using abusive language or threatening people," Orlando Mayor Buddy Dyer said Friday. "We want to be able to provide a safe environment in downtown and in the entire city."
The proposed ordinance, which if approved Monday would have to come before the council again for a final vote, would prohibit panhandlers from soliciting donations from 7 p.m. to 7 a.m. Those are generally some of the busiest times for panhandling, particularly downtown, which is flooded with bar and nightclub traffic into the early-morning hours.
Panhandlers who defy the rule would face a fine of as much as $500, up to 60 days in jail, or both.
Advocates for the homeless described it as another in a string of actions aimed at criminalizing homelessness.
"Another law targeting the homeless population is not going to work," said Michael Stoops, acting executive director of the National Coalition for the Homeless. "Unfortunately, people sometimes have to panhandle to survive."
Last summer, the city barred activists and church groups from feeding groups of more than 25 people in city parks without a special permit. Groups can get two permits per year. That rule was sparked by complaints from businesses around Lake Eola Park, where large groups of homeless people gathered for regular meals.
The city once prohibited panhandling altogether but backed away when courts began striking down similar laws as unconstitutional. So in 1997, the city passed a law requiring beggars to go to the police station for a permit before panhandling.
Three years later, the city did away with the permit system and painted 36 blue boxes on sidewalks. Now, panhandling is allowed downtown only within the 3-foot-by-15-foot rectangles.
Since then, Orlando has also made it illegal to sit or lie down on the sidewalk, and it has occasionally used undercover cops to nab beggars.
Although the blue boxes restrict panhandling only in downtown, the proposed nighttime ban would apply citywide.
Activist Ben Markeson said that instead of spending money to enforce panhandling and anti-feeding laws, the city should use the money to fund more alcohol- and substance-abuse treatment programs. That would reduce the homeless population, he said.
"They're trying to address the symptom of the problem rather than a root cause," said Markeson, a member of Orlando Food Not Bombs, a group challenging the feeding restrictions in court.
City officials say they are only reacting to complaints about aggressive panhandlers from downtown business owners, residents and workers.
At Orlando's Church Street Station, chef Mark Dollard said he supports the proposed ordinance because aggressive panhandling drives away his customers. Dollard ran Absinthe Bistro and Bar until recently and is now renovating the building to house his Brick & Fire Pizza and Wine Co.
"After dark, do you want someone coming up to you shaking a cup in your face? I'm spending 40 grand a month over here. I don't want panhandling," Dollard said.
Robert "Sarge" Kent was unobtrusively panhandling from inside a blue box next to the tracks on Church Street on Friday afternoon.
Kent, who uses a wheelchair and said he's a Vietnam veteran, said he panhandles because there's little of his disability check left after rent and utilities.
Still, Kent, 55, said he supports the nighttime ban.
"I don't come out here at night because it's dangerous," he said. "There are a lot of homeless people out here who are disrespectful, laying in front of businesses."
Mark Schlueb can be reached at mschlueb@orlandosentinel.com or 407-420-5417.
Resources:
National Coalition for the Homeless http://nationalhomeless.org
Orlando Food Not Bombs http://orlandofoodnotbombs.org
###
TEXT OF ORLANDO'S PROPOSED NEW PANHANDLING ORDINANCE
AN ORDINANCE AMENDING CHAPTER 43, MISCELLANEOUS OFFENSES, OF THE CODE OF THE CITY OF ORLANDO BY
ADOPTION OF NEW SECTION 43.86(5), TIME OF PANHANDLING, AND BY ADDING NEW SECTION 43.87(2)(C), TIME OF PANHANDLING, TO PROHIBIT PANHANDLING THROUGHOUT THE CITY BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A.M.; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA:
SECTION ONE: Section 43.86, Chapter 43, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:
Sec. 43.86. Panhandling.
* * *
(5) Time of Panhandling
(a) It is unlawful for any person to panhandle, as defined in this Chapter, in the City limits of Orlando, between the hours of 7:00 p.m. and 7 a.m.
SECTION TWO: Section 43.87(2), Chapter 43, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:
Sec. 43.87. Solicitation and Off-Premises Canvassing on Public Property in the Downtown Core District of Orlando, Florida.
* * *
(2) Prohibitions
* * *
(C) Time of Panhandling: It is unlawful to panhandle, as defined in Section 43.86 of the City Code, between the hours of 7:00 p.m. and 7:00 a.m. in the Downtown Core District, including within designated exempt zones.
SECTION THREE: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION FIVE: This ordinance shall take effect as provided by law.
ADVERTISED: , 2007.
READ FIRST TIME: , 2007.
READ SECOND TIME AND ADOPTED:
, 2007.
CITY OF ORLANDO, FLORIDA
ATTEST:
Mayor / Pro Tem
Alana C. Brenner, City Clerk
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Orlando, Florida, only.
, 2007.
City Attorney
Orlando, Florida
OrlandoSentinel.com
Orlando might ban nighttime begging
Reports of aggressive panhandling spur a push for the City Council to consider more limits.
Mark Schlueb | Sentinel Staff Writer
(published) September 8, 2007
First, Orlando made panhandlers apply for permits before asking for spare change. Then the city restricted downtown begging to a few dozen "panhandling zones."
On Monday, the City Council will be asked to consider the next step: an outright ban on panhandling at night.
"We get reports just about every day of a panhandler using abusive language or threatening people," Orlando Mayor Buddy Dyer said Friday. "We want to be able to provide a safe environment in downtown and in the entire city."
The proposed ordinance, which if approved Monday would have to come before the council again for a final vote, would prohibit panhandlers from soliciting donations from 7 p.m. to 7 a.m. Those are generally some of the busiest times for panhandling, particularly downtown, which is flooded with bar and nightclub traffic into the early-morning hours.
Panhandlers who defy the rule would face a fine of as much as $500, up to 60 days in jail, or both.
Advocates for the homeless described it as another in a string of actions aimed at criminalizing homelessness.
"Another law targeting the homeless population is not going to work," said Michael Stoops, acting executive director of the National Coalition for the Homeless. "Unfortunately, people sometimes have to panhandle to survive."
Last summer, the city barred activists and church groups from feeding groups of more than 25 people in city parks without a special permit. Groups can get two permits per year. That rule was sparked by complaints from businesses around Lake Eola Park, where large groups of homeless people gathered for regular meals.
The city once prohibited panhandling altogether but backed away when courts began striking down similar laws as unconstitutional. So in 1997, the city passed a law requiring beggars to go to the police station for a permit before panhandling.
Three years later, the city did away with the permit system and painted 36 blue boxes on sidewalks. Now, panhandling is allowed downtown only within the 3-foot-by-15-foot rectangles.
Since then, Orlando has also made it illegal to sit or lie down on the sidewalk, and it has occasionally used undercover cops to nab beggars.
Although the blue boxes restrict panhandling only in downtown, the proposed nighttime ban would apply citywide.
Activist Ben Markeson said that instead of spending money to enforce panhandling and anti-feeding laws, the city should use the money to fund more alcohol- and substance-abuse treatment programs. That would reduce the homeless population, he said.
"They're trying to address the symptom of the problem rather than a root cause," said Markeson, a member of Orlando Food Not Bombs, a group challenging the feeding restrictions in court.
City officials say they are only reacting to complaints about aggressive panhandlers from downtown business owners, residents and workers.
At Orlando's Church Street Station, chef Mark Dollard said he supports the proposed ordinance because aggressive panhandling drives away his customers. Dollard ran Absinthe Bistro and Bar until recently and is now renovating the building to house his Brick & Fire Pizza and Wine Co.
"After dark, do you want someone coming up to you shaking a cup in your face? I'm spending 40 grand a month over here. I don't want panhandling," Dollard said.
Robert "Sarge" Kent was unobtrusively panhandling from inside a blue box next to the tracks on Church Street on Friday afternoon.
Kent, who uses a wheelchair and said he's a Vietnam veteran, said he panhandles because there's little of his disability check left after rent and utilities.
Still, Kent, 55, said he supports the nighttime ban.
"I don't come out here at night because it's dangerous," he said. "There are a lot of homeless people out here who are disrespectful, laying in front of businesses."
Mark Schlueb can be reached at mschlueb@orlandosentinel.com or 407-420-5417.
Resources:
National Coalition for the Homeless http://nationalhomeless.org
Orlando Food Not Bombs http://orlandofoodnotbombs.org
###
TEXT OF ORLANDO'S PROPOSED NEW PANHANDLING ORDINANCE
AN ORDINANCE AMENDING CHAPTER 43, MISCELLANEOUS OFFENSES, OF THE CODE OF THE CITY OF ORLANDO BY
ADOPTION OF NEW SECTION 43.86(5), TIME OF PANHANDLING, AND BY ADDING NEW SECTION 43.87(2)(C), TIME OF PANHANDLING, TO PROHIBIT PANHANDLING THROUGHOUT THE CITY BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A.M.; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA:
SECTION ONE: Section 43.86, Chapter 43, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:
Sec. 43.86. Panhandling.
* * *
(5) Time of Panhandling
(a) It is unlawful for any person to panhandle, as defined in this Chapter, in the City limits of Orlando, between the hours of 7:00 p.m. and 7 a.m.
SECTION TWO: Section 43.87(2), Chapter 43, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:
Sec. 43.87. Solicitation and Off-Premises Canvassing on Public Property in the Downtown Core District of Orlando, Florida.
* * *
(2) Prohibitions
* * *
(C) Time of Panhandling: It is unlawful to panhandle, as defined in Section 43.86 of the City Code, between the hours of 7:00 p.m. and 7:00 a.m. in the Downtown Core District, including within designated exempt zones.
SECTION THREE: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION FIVE: This ordinance shall take effect as provided by law.
ADVERTISED: , 2007.
READ FIRST TIME: , 2007.
READ SECOND TIME AND ADOPTED:
, 2007.
CITY OF ORLANDO, FLORIDA
ATTEST:
Mayor / Pro Tem
Alana C. Brenner, City Clerk
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Orlando, Florida, only.
, 2007.
City Attorney
Orlando, Florida
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