Aggressive panhandling

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Aggressive panhandling is a legal term designating those forms of public solicitation which have been designated as unlawful. Proponents of such legislation include both liberal and conservative commentators who concur on the advisability of placing limits on these activities; opponents lament the continuation of the "criminalization of homelessness" and argue that such laws discriminate and are unevenly enforced.

Definition of Aggressive Panhandling

Different towns and cities define panhandling differently.

A general definition for Aggressive Panhandling is: Solicitation(s) made in person, in which a person requests an immediate donation of money or other gratuity from another person (regardless of where said solicitation occures). By vocal appeal: asking, requesting, coercing (badgering), sympathy appeals, harassment, threats, or demands. Or by non vocal appeal: Usage of signs or other indications that a donation is being sought, or without any vocal request such as a hand out, bodily gestures, despondant postures, threatening or intimidating postures, or the use of props such as toys, musical instruments, animals or children. Aggressive panhandling also indicates large numbers of persons being solicited. Aggressive panhandling is the misuse of sympathy, fear, guilt or insecurity for monetary gain via coersion and intimidating solicitation by an individual habitually. It is a form of emotional and financial abuse.

Panhandling vs Busking

The use of musical instruments in panhandling is different from the use of musical instruments in busking.

Busking (see Street Performing), as in to perform an art, as in singing, playing an instrument, juggling, street poetry, or theater, fire sticks, fire breathing, sword swallowing, break dancing, drumming or rapping performed live in public. Busking is not considered panhandling. A work being performed, in public, by a person, in the here and now, (requiring practice and talent) being of cultural value and remarkable is considered busking. Visually, busking and panhandling might seem similar as they both take place in public places. Busking, however, requires hours and hours of practice and is considered valued and important by normal society values. A panhandler can and will ask everyone for a handout. A busker has no need to, though, may have a hat or case out for contributions. Buskers, are a form of nonsubsidized live entertainment, paid for by the general public for all to see.

Having an instrument does not make a panhandler a busker. The simple difference is being ability to play said instrument competently.

Panhandling is viewed on a spectrum

Panhandling is a term which may have negative connotations but which can apply to any request for a loan or gift under circumstances in which it might not be inappropriate.^[1] For instance, if one is short just a small fraction of a fee or fare, does not have small bills, or has only credit cards in a situation in which cash only is accepted. In many cultures and civilizations, "begging" is considered an acceptable and honorable alternative to work when it is due to necessity or religious abstention from economic activity.^[2] A sympathetic view of panhandling is exemplified in the depression-era song "Brother, Can You Spare a Dime?". The song has been called "the anthem" of the era.^[3] The song written by an immigrant living on New York's Lower East Side, continues to be popular^[4][5] and has been re-released on CD.

Aggressive panhandling as a social problem

Nevertheless, panhandlers can be regarded in a negative light. For instance, one self-described liberal-minded blogger wrote that "panhandling, while it serves as a glaring reminder of social inequality, detracts from one’s city experience."^[6] Others contend that panhandlers are legitimately expressing their need and constrictions on their activity are "unconstitutionally vague, overbroad and deprive the homeless of their right to free speechviews on the inadequacy of the social net and as such cannot be legitimately "silenced".^[1] On the other side of the spectrum of viewpoints, it is asserted that "Aggressive begging is not common panhandling. It is uncommon panhandling, a type of harassment bordering on extortion that is practiced by a minority of street people."^[1]

Thus many jurisdictions have found it desirable to sanction forms of panhandling which are deemed as undesirable due to negative environmental impacts. In such cases, the government entities forge a means of detering undesirable forms of public solicitation while permitting such activities as busking.

Cited by locality as against state law

A paramount example is provided by the City of Bloomington, Indiana, according to which:

"Panhandling is a growing social and public safety concern faced by cities of all sizes, including Bloomington. Many panhandlers passively ask for money or hold a sign. Others are much more aggressive, making loud, sometime repeated demands and some panhandlers choose to solicit in places that are particularly intimidating such as near automated teller machines, in a restroom or near your car. This is considered aggressive panhandling and in Indiana is against the law."^[7]

Constitutional challenges

Constitutional lawyers, including but not limited to the American Civil Liberties Union, have secured a series of court decisions confirming their view that the First Amendment of the United States Constitution protects activities which some local ordinances have attempted to proscribe as illegal panhandling. In response, many jurisdictions have responded by narrowing the definition of illegal panhandling. The generally accepted terminology is to denominate such activity as "aggressive" panhandling.

Back to the drawing board: courts throw out "aggressive" panhandling ordinances

In 1991 and 1992, federal courts overturned New York and California state laws that made aggressive panhandling illegal.^[1][8] It was observed that "Groups and individuals all over the United States engage in highly public fundraising for all sorts of causes and charities."

Aggressive panhandling as law

The definition of so called "Aggressive panhandling" is given by city and county ordinances as well as state statutes.

Legislative intent

Legal codes frequently open with expression of the intent of the body enacting the law or ordinance; for instance, the General Code enacted by one jurisdiction states the purposes of aggressive panhandling legislation.^[9] "This legislation is adopted in order to protect persons from threatening, intimidating or harassing behavior, to keep public places safe and attractive for use by all members of the community and to maintain and preserve public places where all of the community can interact in a peaceful manner. This legislation is also intended to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business and preserve the quality of urban life."

General definition in code

Norwalk, Connecticut provides the following definition.

"Aggressive solicitation usually includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The Common Council further finds that the presence of individuals who solicit money from persons at or near banks, automated teller machines, or in public transportation vehicles is especially troublesome because of the enhanced fear of crime in those confined environments...People driving or parking on City streets frequently find themselves faced with persons seeking money by offering to open car doors or locate parking spaces.^[9]

Prohibitions

Restrictions defining solicitation or panhandling as "aggressive" regard both manner and context. A typical ordinance is one from Longview, Washington.

Longview example: place restricted

9.23.030 Place of panhandling – Violation. It shall be unlawful for any person to panhandle when the person solicited is in any of the following places within the city limits of Longview, Washington:

(1) At any bus stop; or

(2) In any public transportation vehicle or facility; or

(3) In any vehicle on a street or on a driveway providing ingress or egress to a street where such driveway is open to the general public; or

(4) Within 50 feet of any automated teller machine (ATM); or

(5) On private property, unless the panhandler is in physical possession of written permission from the owner or lawful occupant thereof. (Ord. 3051 § 2, 2008).

Longview example: manner restricted

9.23.040 Manner of panhandling – Violation. It shall be unlawful for any person to panhandle in any of the following manners:

(1) By intentionally coming within three feet of the person solicited, unless that person has indicated that he or she does wish to make a donation; or

(2) By intentionally obstructing the path of the person or vehicle of the person solicited; or

(3) By intentionally obstructing the passage through the entrance or exit of any building; or

(4) By soliciting anyone under the age of 16; or

(5) By following a person who walks away from the panhandler, if the panhandler’s conduct is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or

(6) By using profane or abusive language, either during the solicitation or following a refusal. (Ord. 3051 § 2, 2008).

Panhandling constrictions In English speaking countries

United States

In 2004, the city of Orlando, Florida passed an ordinance (Orlando Municipal Code section 43.86) requiring panhandlers to obtain a permit from the municipal police department. The ordinance further makes it a crime to panhandle in the commercial core of downtown Orlando, as well as within 50 feet of any bank or automated teller machine. It is also considered a crime in Orlando for panhandlers to make false or untrue statements, or to disguise themselves, to solicit money, and to use money obtained for a claim of a specific purpose (e.g. food) to be spent on anything else (e.g. malt liquor). The Atlanta, Georgia, city council approved a ban on panhandling.

Canada

The province of Ontario introduced its Safe Streets Act in 1999 to restrict specific kinds of begging, particularly certain narrowly-defined cases of "aggressive" or abusive panhandling.^[10] In 2001 this law survived a court challenge under the Canadian Charter of Rights and Freedoms.^[11] The law was further upheld by the Court of Appeal for Ontario in January 2007.^[12]

United Kingdom

Although begging is illegal, it does not carry a jail sentence under the Vagrancy Act of 1824. However, individual aggressive panhandlers may be subject to court injunction^[13] and jail.^[14]

South Africa

Begging on street corners is illegal in South Africa although not enforced.^[15]

Proscribed panhandling globally

Finland

Solicitation of money on the street has been legal in Finland since at least 1987, when the Poor Law was invalidated. In 2003, the Public Order Act replaced any local government rules and completely decriminalized begging. There have been increasing calls for restrictions on immigrants, and these calls are intermingled with concerns about aggressive panhandlers.^[16]

Romania

According to US State Department reports, women and children from the Romania are cited by police for "vagrancy and begging", without a distinction between "aggressive panhandling" and uncomplicated "begging".

References

External links

• http://www.nationalhomeless.org
• http://www.ncbi.nlm.nih.gov/pmc/articles/PMC121964/

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