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2008 Misc. Panhandling Committee Documents & Notes2007 * LEADERSHIP DEVELOPMENT PROGRAMS *he NLC * Leadership Training stitute Seminars... promote excellence in local government and municipal leadership with high quality education and training for local officials. Jan 25 -27, 2007 * Santa Monica, CA Building Public - Private Partnerships for Stronger Communities... Strengthen your community as you learn new tools and valuable strategies to build successful public - private partnerships. March 10 -14, 2007 * Washington, DC LTI Seminars at the annual NLC Congressional City Conference April 26 -28, 2007 * Little Rock, AR The Price of Local Government and Budgeting For Outcomes... Examine vital local government finance issues and a budgeting- for - outcomes process from a local leader's perspective. Jl'� � 7 -9, 2007 * Syracuse, NY . Seminars at the Maxwell School of Citizenship and Public Affairs... 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Plee, n Quern a vi54�e.d LGr �/C � ��—� �� ��� y.°✓ ,�- P�21�— Guy s � �� h-°�( �r le SS C6'h -c t,,' —�°'� k9k ct Zl vtv) I-et4-94 1 47Y-' ���-e-- --cet- 6� c uPg V-) e55 Vu � sr C1'r X�e-- dv--Lelti-s=l U.S. Department of Justice Office of Community Oriented Policing Services g COP49 COMMUNITY ORIENTED POLICING SER V=s u.£ DEMN"MENT OF Jus"eff )Of Panhandlin by Michael S. Scott Problems - oriented Guides for pamee Guides Series No. 13 k www.cops.us oj.gov Ebel Ride 1. Mess behind Liquidation World A. they were not homeless B. They were peeking in windows of nearby resident C. They forced the door open of nearby resident D. Two are now in jail Jared Moore (the shaved head guy) A. Lives in Spokane B. Has a job in Spokane C. Comes out here on weekends Deputy Ebel estimated they receive three calls per day about panhandling No Trespassing signs helped. Now deputies can arrest anyone trespassing. Ronny Howell (guy at Sullivan exit) A. Lives at House of Charity, sometimes. Otherwise outdoors. B. Comes out here because he could get a green ticket (civil infraction, pedestrian interfering with traffic), or a Gold ticket (mandatory court appearance). C. Sign said he was a veteran. However, he says he was in less than 60 days, then discharged. D. Been arrested multiple times for criminal trespassing and DUI. E. Says he has a leg problem and back problem, but stays out panhandling all day. F. Says he earns $15 -20 per day panhandling Deputy Ebel's wife was approached while in her car, and the guy argued with her about giving him some money. Seattle "I think (giving money) is the worst thing people can do," said Bill VanderMeer, director of the Union Gospel Mission's Men's Shelter. "It enables panhandlers. That's how they make their living and manage their addiction." The Give Smart campaign urges Seattleites to stop dropping dollars into coffee cans. Instead, it says, direct that money to a local homeless agency. "There's this woman panhandler we've seen who has a nice Suburban with two big kennels in the back," said Dalana Slaughter, safety supervisor to the ambassadors who patrol Seattle for the Give Smart campaign. "To me, that's not homeless." Slaughter also knows another beggar who fakes injury. "I've seen her sit in the wheelchair, I've seen her get out of the wheelchair," Slaughter said. "Her husband sits down and then he panhandles." Dreisinger said she knows of a beggar who makes $300 a day. She also heard one panhandler boast that begging got him $26,000 a year -- tax -free. "Seattle is a smart city and a generous city," Dreisinger said. "The campaign goes after the source of funding and redirects it to agencies that make a difference." Dallas, TX, Steven Malanga: The plague of professional panhandling A big part of the cities' woes is the professionalization of panhandling. The old type of panhandler — a mentally impaired or disabled homeless person trying to scrape together a few bucks for a meal — is giving way to the full -time spanger who supports himself through a combination of begging, working at odd jobs and other sources, like government assistance from disability payments. Some full -time panhandlers are kids — "road warriors" who have largely dropped out of society and'drift from town to town, often "couch surfing" at friends' homes, or "street loiterers" who daily make their way downtown from the suburbs where they live. Atlanta Stop Panhandling Atlanta Panhandling is not the answer. Central Atlanta Downtown Improvement District, 2009 You lose because panhandlers often use your money to support their addictions to alcohol and drugs. They lose by continuing these destructive behaviors rather than seeking help. The more you give your change to panhandlers, the more their lives don't change. Food is readily available for those in need, as well as shelter and other support services. Supporting local organizations that provide these services is the best way to help. A donation of $100 can provide one week of transitional housing with intensive professional services for someone in need. Invest in long -term solutions 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) 215 -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 course, if you feel threatened or if the panhandler shows aggressive behavior, immediately call 911 for police assistance. • If you encounter a panhandler, always walk away with certainty and confidence. • Make eye contact and acknowledge the person with a nod. Choose to respond politely, and simply say "no" or "sorry". • If you want to offer panhandlers something, consider bottled water or food gift certificates rather than money All �1 • s +>i3x 3111 C. D0e1110 Cenmisolener C I T Y OF W O R C E S T E R Department of Code Enforcement MEMORANDUM 25 Meade Street, Worcester, MA 01610 -2715 Phone 505 799 -0534 Fax 506 709 -6544 E -mail: cade4licl.worcester.ma.us TO: Michael V. O'Brien, City Manager FROM: Jill C. Dagilis, Commissioner of Code Enforcement DATE: April 8, 2005 SUBJECT: Action Plan to Reduce the Incidence of Panhandling ■l I a&Amwi= Cly Davao 1949'1960' 1914 1"1'2000 oarld F. Holden, P.C. alroetor Pursuant to your request, the following report outlines the action agenda designed to reduce the incidence of panhandling and related concerns in the City of Worcester. Given your prior review and approval of this plan, strategies defined herein have begun and will continue throughout the year. This initiative is the culmination of many months of planning through collaboration with a broad network of community partners. The goal of this public- private, interagency plan is twofold: To provide an extensive community education campaign that defines and supports the solutions to positively address the complex challenges associated with panhandling, 2. To provide a comprehensive system of social service /treatment response strategies to address the needs of the individuals who panhandle. The effort must be grounded in a responsive, holistic, and compassionate approach. 1. Both the national research and the local social service agency partners advise that we must educate those who give money directly to people who panhandle that this is not the solution, unfortunately it exacerbates the problem. Tragically, seven out of ten people who panhandle will use the money to buy drugs, alcohol, or cigarettes. Worcester has proven that it is a generous and giving community, particularly to those in need; citizens open their hearts and their wallets in an effort to help. There is a better way to help. 2. Redirecting these same donations to targeted social service /treatment response systems is the solution. This approach strengthens the capacity of the agencies to provide food for the hungry, shelter and housing for the homeless, mental health support services, and substance abuse recovery services for those challenged by addictions. A program is in place to receive and direct these funds to the service agencies. Core objectives include: ➢ Development and implementation of a 12 -month multi- faceted public education campaign with strategies that include print (newspapers, magazines, brochures), Panhandling Report April 2005 broadcast (television/radio), web -based, billboard, signage and bus placard mediums, and community informational sessions (neighborhood, business, faith - based, educational) effective immediately. ➢ Development and implementation of an inter - agency social service /treatment response system including outreach, case management, and communication/coordination protocols effective immediately. ➢ Implementation of a centralized charitable giving system via the United Way of Central Massachusetts effective immediately. ➢ Implementation of a centralized telephone call center to report cases of panhandling via the United Way of Central Massachusetts for social service agency intervention (508) 755 -1233 effective immediately. ➢ Implementation of a centralized telephone call center to report aggressive panhandling with police department intervention (911) effective immediately. ➢ Analysis of social service /treatment response effectiveness, monthly, for twelve months. ➢ Conduct a semi - annual review to assess the effectiveness of the public education campaign. The message for this campaign, developed in partnership with local marketing and media professionals, as well as from the research on program models across the country, is: Panhandling is not the Solution! If you think your spare change is helping, think again. There is a better way to help. Support the solution not the problem Please give to a local charity. Research This report is the result of months of collaboration and research conducted by the City of Worcester's new Department of Health and Human Services and the Worcester Police and Law Departments in partnership with a host of community agencies. This effort included an extensive review of the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) guide entitled Panhandling, the National Coalition for the Homeless August 2003 report entitled Illegal to Be Homeless - the Criminalization of Homelessness in the United States, the 2004 City Manager's Commission on Homelessness Plan to End Chronic Homelessness in Worcester, the Commonwealth of Massachusetts' Ten -Year State Plan to End Chronic Homelessness - A Report of the Policy Academy on Chronic Homelessness, as well as harm reduction Panhandling .Report April 2005 2 Elements of a public education campaign addressing panhandling 1 711 3 9 5. Al Develop campaign slogan and talking points a. Acknowledge desire to support b. Why other alternatives are better C. List of alternatives d. List of organizations providing support services Community involvement — gain participation/support from a. Social service providers b. Community service groups C. Homelessness /low income advocacy groups d. Other communities Create educational materials a. Brochures/handouts i. handout with social services for people to give to panhandlers b. Create Public Service Announcements (radio /tv student project ?) i. Radio ii. Television Paid advertising a. Print ads in newspapers during panhandling season each year Media a. Media briefing to launch campaign i. Make presentation on effort ii. Provide sample educational materials iii. Provide PSAs iv. Arrange interviews Signage on alternatives at popular panhandling locations F,-0 rV\ Ca N-6 ( I -e )), 2 -0 re? h C l - Anchorage Real Change Program 1. Called Chris Schutte, Chair of the Anchorage Downtown Partnership (ADP). He helped develop the program. 1- 907 - 279 -5650 2. The program was initially funded by a municipal grant. However it now is funded by ADP. The program was front loaded, requiring effort to get it started, but minimal effort to keep it going. 3. The program consists of (a) a web site and (b) written materials — posters and the like. 4. All was done by volunteers, including the written materials 5. They have a web site, changeforthebetteralaska.org 6. Catholic social service provides a card listing social services available, along with a wooden token good for a meal and clothing 7. Panhandling is not against the law in Anchorage. 8. The passed a law prohibiting offering money from a car to panhandlers 9. They are initiating four parking meters to receive funds for social agencies 10. He pointed out how a person who gives $1 to a social service agency has a multiplying effect, for the social service agency is, through grants, able to provide much more than $1 in service. - -Bill Gothmann, 7 -28 -08 Change for the Better - Alaska Chanqe For The Better Change for the Better is a compassionate alternative program to address panhandling in Anchorage. The primary focus of Change for the Better is public awareness to deter panhandling in favor of supporting human service providers. It is the central belief of Change for the Better that instead of giving change to panhandlers, individuals can better serve the homeless population by giving to services that provide food, clothing, shelter and other living necessities to those in need. Why Is This Program Being Launched? An increasing number of citizens and businesses have voiced concerns to Muni officials and Anchorage Downtown Partnership, Ltd. over the growing population of panhandlers and the impact they are having on the quality of life of citizens, residents, and visitors. Page 1 of 2 Using examples from other cities, ADP created the Change for the Better public awareness program in 2004 to combine compassion for the individual on the streets and alternatives for the panhandler to meet their needs for food, clothing and shelter with the hope that through the knowledge of these resources panhandling won't be necessary. Change for the Better is one component of a successful long -term solution to the problem. Spare change can't help a panhandler - real change occurs when we put panhandlers in touch with social service providers who can attack the root of the problem. It's About More Than Just Homelessness Panhandling is more than just a homeless issue - it is a health & safety issue for both the public and the panhandlers themselves. Change for the Better is based on a premise that spare change doesn't make meaningful impacts on the lives of homeless individuals. Those changes come from the social service agencies throughout Anchorage. Change for the Better seeks to educate the public of the many resources already available to homeless and panhandling individuals. Social service agencies in Anchorage provide an array of fundamental basics of food, clothing and shelter - and are well- supported by businesses and the public. No one needs to panhandle in order to feed themselves. Spare change is only a short-term solution and does not create long -term results. Change for the Better also seeks to provide an alternative to the accepted behavior of panhandlers and those who give money to panhandlers. The program encourages the public to contribute directly to social service providers instead of giving spare change to panhandlers who may use the money to buy alcohol, drugs or cigarettes. People who give money to panhandlers cannot be sure where the money will go - but donors who give money to social service agencies know exactly where their funds are going and what their money is doing to help the http:// changeforthebetteralaska .org /index.html 7/28/2008 Change for the Better - Alaska Page 2 of 2 problem. Be Part Of The Solution This campaign is not the solution; it is just the beginning of a community wide effort to manage and possibly address the larger issues behind panhandling. Panhandling is a complex social issue. Many of the root causes behind panhandling, such as poverty, drug and alcohol addiction and mental illness, are not easily solved. Despite this fact, the community can play an important role in managing the situation and at the same time ensure that all of our citizens have their needs met for food, clothing and shelter. Donating to a local organization rather than to an individual not only benefits individuals in need, but the entire community as well. Donating to social service providers is one way that we can all help to make a change. http:// changeforthebetteralaska .org /index.httnl 7/28/2008 Change for the Better - Alaska M41f l'a1!l1 -A Why is this program being launched? It's about more than just homelessness. What is the goal of this campaign? Be part of the solution. Page 1 of 1 Change For The Better Overview Change for the Better is an educational and compassionate alternative program to address panhandling in Anchorage. The primary focus of Change for the Better is a public awareness campaign to deter panhandling in favor of supporting human service providers. Instead of giving change to panhandlers who may use the money to feed an addiction, individuals can better serve the homeless population by giving to local service providers who provide food, clothing, shelter and other living necessities to those in need. Through its emphasis on giving money to service providers, Change for the Better is one part of the long -term solution to the problem. Spare change can't help a .panhandler — real change occurs when we put panhandlers in touch with social service providers who can attack the root of the problem. Click on the links on the left to learn more. http: / /changeforthebetteralaska.org /overview /index.htrnl 7/28/2008 Change for the Better - Alaska s 1 �.r YOUR $1.00 CAN CHANGE HIS' LIFE IF IT GOES TO THE RIGHT PLACES Page 1 of 2 Why Is This Program Needed? Panhandlers are growing in numbers for many reasons, not the least of which is the ease with which they can get money here in Anchorage. We are a generous city filled with generous individuals. That's why public education about the Change for the Better program is so important. We must educate residents, visitors, and businesses on how donations are more effective than handouts by providing specific information about what services are offered by the various social services in town. One of the biggest hurdles to successful implementation of the Change for the Better program is convincing people that the instant gratification of giving a dollar or two to a panhandler would be better spent at the charities that operate various social service programs across the city. It is important to stress that individuals SHOULD NOT feel bad about NOT giving money directly to panhandlers. Will This Program Be Effective? According to the Center for Problem- Oriented Policing, most researchers and practitioners seem to agree that the enforcement of laws prohibiting panhandling is only one part of controlling the problem. Public education to discourage people from giving money to panhandlers and adequate social services are the essential components of an effective and comprehensive response. Providing adequate social services and substance abuse treatment to reduce panhandlers' need to panhandle has the potential to be a highly effective tool in reducing overall panhandling. And directing the generous nature of Anchorage residents to those social service agencies which can best serve the needs of panhandlers will help ensure an effective and thorough long -term solution to the problem. The Program Will Work If We All Work Together. This is a city-wide issue that will require a city-wide response. Working toegther, we can ensure that Change for the Better works. We invite you to become a part of the solution along with the many other supporters and partners of Change for the Better: • Anchorage businesses • the Downtown Community Council • the City of Anchorage • the Mayor's Office • The SAFECity program • the Anchorage Police Department http:// changeforthebetteralaska .org /why.html 7/28/2008 Change for the Better - Alaska • the Anchorage Responsible Beverage Retailers Association • the Anchorage Downtown Partnership, Ltd. • and many others! L III A program of Anchorage Downtown PortntrsPi p, Ltd. 145 §ie, 51h Awnu., Su is 39i Mvh- mm ,,4K 9901 ER I (941 ' 27 v old , rr::x (r 73 $i''�..565 a http:// changeforthebetteralaska .org /why.html Page 2 of 2 7/28/2008 Change for the Better - Alaska G Page 1 of 1 PARTNERS Who Else Is Involved In The Program? ST. FRANCIS FEf1SE Here are some of the agencies participating in the "Change for the Better" BEAN' "S CAFE Program. Click on the links to the left to learn more about these important partners in HOMEWARD SOUND the "Change for the Better" program. COVENANT FttiI1SE And to learn more about the "Change for the Better" program, call Anchorage UNITED WAY Downtown Partnership at 279 -5650. http : / /changeforthebetteralaska.org /partners /index.html 7/28/2008 Change for the Better - Alaska >> Program Components COMPONENTS Change For The Better Program Components Page 1 of 1 POSTERS The key element of Change for the Better is public education. A public education WESITE campaign was launched in May 2004 and a second was launched in June 2005. The public education campaign is the primary focus of Change for the Better and will increase understanding of this issue. It is the hope of Anchorage Downtown Partnership, Ltd. that this program will have two effects: . Increased understanding of the social service agencies available to Anchorage's homeless population. . Encouragement to give money to the charities that provide these social services instead of to the panhandler directly. Components In 2004, Anchorage Downtown Partnership, Ltd. produced a series of informative posters about the Change for the Better program, all of which have been updated this year. Design work for the posters was donated by Rival Design Studio of Anchorage. In addition, ADP produced pocket cards in 2004 that are scheduled to be revised and updated later this year. These pocket cards will be available in businesses and other public areas and will describe the options available for those in need, and will give the public alternatives to act if they are approached by a panhandler. New to the Change for the Better program this year is this website -- designed to provide interested individuals with information about the program and related topics. Design work for the website was donated by Rival Design Studio of Anchorage. Hosting was donated by Rising Host web hosting service of Rockville, Maryland. http: / /changeforthebetteralaska.org /components /index.html 7/28/2008 Change for the Better - Alaska >> Ways you can help W .r I [ `44f i - 0 How Can You Help? Pagel of 2 It is the central belief of the Change for the Better program that generosity better serves panhandlers when directed towards the agencies that assist these individuals. Real change - not spare change - is the best way to help out panhandlers. Below is a list of some of the agencies providing real change in people's lives. These partners in the Change for the Better program work to make a real difference in people's lives, and all provide opportunities to help by volunteering or contributing. ST. FRANCIS HOUSE St. Francis House - a program of Catholic Social Services - strives to meet the daily emergency needs of food, clothing, medical prescriptions, and rent and utility assistance of those who are unable to provide for themselves and their loved ones. To make a donation of food, household furnishings or clothing, call 276- 5590 or contact them via email. To make financial donations, call 277 -2554 or click here make a secure online donation. BEAN'S CAFE Bean's Cafe exists to provide the most basic of human needs without discrimination or cost to anyone requesting assistance. Individuals interested in helping Bean's can volunteer, participate in special events, make financial contributions, and make food and material donations. For more information, contact Brian Anderson at 274 -9595 or via email. HOMEWARD BOUND Homeward Bound provides the homeless chronic alcoholic with the tools needed to travel the journey home. At Homeward Bound, residents and staff work together to rebuild the whole person: mind, body, and spirit. Only with this foundation, can residents rejoin the world confident and empowered. To learn more about the program, click here. COVENANT HOUSE Covenant House Alaska has been serving homeless and runaway youth in Alaska for over fourteen years. Individuals may donate clothing, hygiene products, recreation items, safety items, and man others listed on their Agency Wish List. http: / /changeforthebetteralaska .org/help.html 7/28/2008 Change for the Better - Alaska >> Ways you can help Page. 2 of 2 Individuals may also make financial donations by printing this form and mailing the donation to the address on the form. For more information, please contact Alison Kear - Director of Development - at 339 -4407 or via email. UNITED WAY United Way is not a social service provider, but they are a leader and partner in making Anchorage a stronger, healthier more compassionate community by bringing donors and volunteers together with community leaders, agencies and other experts to address the most pressing issues in our community. Click here to learn more about volunteer opportunities, or click here to learn about donation opportunities. Or feel free to call Adele Alderman at 263 -3801 with questions. http: / /changeforthebetteralaska .org/help.html 7/28/2008 Page 1 of 2 Bill Gothmann From: Bill Gothmann Sent: Tuesday, July 15, 2008 12:07 PM To: Dave Mercier; Mike Jackson; City Council; 'Cathy Neet; Connie Nelson (programs @svpart.org); Ian Robertson (pastorian @aol.com); Joe Shutz (djoemarys @aol.com); Maggie Crabtree (maggie @crabbytrees.com); Odin Langford (olangford @libertylakewa.gov); Rose Dempsey; tbabcock @spokanecity.org Cc: Carolbelle Branch; Cary Driskell; Rick Van Leuven Subject: Notes from Panhandling Committee Good Morning: Below are notes from today's panhandling committee. I spoke to Mike Jackson about obtaining some advice from Cary (item 2) and about Carolbelle giving Bill some brief advice on how an education campaign can be conducted (item 3d). I assume such a campaign would be done by other than the City. Note next meeting time, July 29, 9:30AM. Bill Notes from Panhandling Committee 7 -15 -08 The Panhandling Committee has come up with the following findings: a. Police need more legal tools b. There are people with legitimate needs c. Social Resources are available, but are not unlimited d. We need a public education program on inefficient and efficient giving e. We need to build a coalition of public and private partners f. We need to settle legal issues before we devise the education piece 2. We wish to have legal give us advice on the following recommended changes to our ordinances. We should note that we have included possible changes with the idea that, after legal has commented, we will evaluate each change. a. Require a license /permit to solicit b. Curtail/prohibit cleaning windshields and then asking for donations c. Prohibit a driver from giving funds while driving d. Prohibit fraudulent solicitations e. Time and place restrictions i. Within 50 feet of an ATM, bus stop, or traffic signal ii. On business property where permission has not been granted iii. On medians or islands iv. On freeway exits or entrances (distance from freeway ?) v. Along major arterials at intersections that have traffic lights vi. At four way stops vii. At nighttime (dusk to dawn ?) f. Criminalization of pubic intoxication and open containers (change to misdemeanor) g. Redefine aggressive panhandling to include stepping into streets or onto a median 7/28/2008 Page 2 of 2 3. For next meeting (July 29, 9:30AM) a. Report from legal b. Talk to City Manager about the process of ordinance going from committee to adoption (Bill) c. Contact Liberty Lake and Spokane so this is a multi jurisdictional effort(Bill) d. Seek Carolbelle's advice on what the pieces of a campaign should be (Bill) e. Call Anchorage about their education campaign — how it was.done and how it was financed (Bill) 7/28/2008 Agenda Panhandling Committee a-- r S V4 V- July 16, 2008 �� h wt Introductions Discussion of possible panhandling ordinance provisions j ✓1. Require a lice4o solicit money o is wind ' Id- cleaning. ✓2. Prohibit g' ' e �—need o iscuss this further �because Rose had some co bou 3 Prohibit fraudulent solicitations (such as, "I'm homeless" when they are not homeless). Prohibit panhandlin ,/'-"" a. Within of an-AT -M—, �a b. Within *-Ftof a bus stop c. Within 50 ft. of a traffic signal d. On business property where permission has not been granted e. On medians or islands f. On freeway exits or entrances �7� g. Along major arterials at intersections that have traffic lights. h. At four -way stops i. At nighttime c� y Y� a < ' ✓ Q 5. Criminalize public intoxication and open containers ��� �5 d ° ti�a✓1Ah� 6. Redefine aggressive panhandling to include stepping into streets or onto a median 7. Giving list to our Attorney to study III. Education Program Discussion a. To whom addressed b. What cities /areas within the County c. Contents d. Other considerations IV. Comments or other considerations V. Next Meeting date �� Memorandum To: Bill Gothmann, City Council Member From: Mike Connelly, City Attorney CC: Date: June 23, 2008 Re: Panhandling — public awareness campaign At the request of the City Council, our office has drafted the following memorandum in relation to potential approaches the City may take toward panhandling. Specifically, the Council requested more information on the efficacy of a public awareness campaign. 1. Effectiveness of Public Awareness Campaign Due to the many factors that influence the level of panhandling and the lack of long -term data on panhandling, it is difficult to accurately gauge the effectiveness of public awareness campaigns. Additionally, most problems and the associated education campaigns deal with centralized panhandling in downtown areas. Thus, data on city -wide campaigns is very limited. In Washington, staff could find no City that had engaged in a large scale public awareness campaign. However, there were other business districts and non - Washington cities with public awareness campaigns. Below is a list of cities with different types of campaigns and discussion about their effectiveness. • Spokane — Downtown Spokane Partnership maintained a program downtown asking for donations in drop boxes located at various businesses. However, this program was modified and has become the "Give Real Change, Not Spare Change" program. This is a "prototypical" program in that it is based on brochures handed out in the downtown area in an attempt to combat downtown shoppers from giving money to panhandlers. This program is combined with the Downtown Spokane Security Ambassadors program, a service that provides non - police assistance to downtown customers for a wide range of problems, including encounters with aggressive panhandlers. Statistics have not been kept, though in talking with Todd Babcock, a City Council assistant who is working on the panhandling issue, it appears that Spokane is attempting to adopt an ordinance similar to the recently enacted Tacoma provision that prevents solicitation in certain areas and in certain forms. See RCA dated May 22, 2007 for an analysis of time, place and manner restrictions. Spokane is waiting to see how the Tacoma statute works, and whether it will withstand legal challenge before adopting such a provision. Ir • Seattle — Downtown Seattle Association and Metro Improvement District (MID) in the City of Seattle started a poster and sign campaign in January of 2007. The campaign, entitled "Have a heart, Give Smart," was directed at the downtown businesses, the public, and panhandlers to educate them on panhandling. The program involves use of posters and handouts placed in downtown businesses. "Give Smart" is supposed to encourage persons to give to local social organizations rather than individuals. As part of the campaign, MID began keeping detailed records regarding panhandling solicitations. While statistics for the first quarter of 2007 showed a 38% increase in panhandling solicitations from the previous year, the number steadily declined and showed a 32% decline for the month of September 2007 as to September 2006, and a total decline of 14% for the third quarter of 2007. The police enforce an aggressive panhandling provision for threatening begging that is almost identical to the City of Spokane Valley provision. • Portland, Oregon — Portland Business Alliance started a "Real Change, Not Spare Change" program a little over a year ago. This program involved placing ten "change meters" throughout Portland that also contain brochures and information regarding panhandling. It is concentrated in areas with high foot traffic and perceived panhandling problems. Additionally, the program encourages people to give to the meters as the money received is matched by the Portland Business Alliance and distributed to local social organizations. Statistics are sparse, especially since the program involves a large area. However, the Business Association does have plans to increase the number of meters and are also looking at alternatives to increase the matching money in order to provide more social programs. A link to this program is www.portlandalliance.com/downtown services /real- chan eg html • Nashville, Tennessee — Again, started within the last year, the Downtown business administration started a poster and brochure educational program. There is no hard evidence about the effectiveness of the program, though at least some downtown business owners feel there are fewer panhandlers downtown. Nashville was going to adopt a time, place, and manner restriction provision, but after large pressure from various social groups, has decided to wait and see how the education campaign works. • Evanston, Illinois — Evanston has a comprehensive program which was specifically developed as a reaction to a perceived panhandling problem in the downtown area. The program involves city personnel, police, EvMark, which is a downtown marketing association, and the Evanston Chamber of Commerce to educate downtown businesses, customers, and local college students about the negative effects of giving to panhandlers. The program utilizes downtown posters and handouts to promote donations to local social service groups rather than to individual panhandlers. In his five year experience with the program, Sergeant Dennis Preedle feels that there "seems" to be a reduction of the number of regular panhandlers. However, he is not sure that there has been a major impact in the overall number of panhandlers. Sergeant Preedle feels that at least part of the reason for this, however, is due to the yearly crop of new incoming Northwestern University students who have not been educated by the program. • Cincinnati, Ohio — While Cincinnati does not have a significant public education program, they do have a licensing statute and social outreach program that are notable. Though the statistics regarding the effectiveness of licensing are largely anecdotal, it is clear that there are typically upwards of 100 registrations yearly. However, some of these are from lb I C people registering as part of a protest group. Additionally, there are normally 100+ arrests made for violating the panhandling law (though not all for lack of a license). However, without hard data, the anecdotal evidence suggests that registration has only shifted where the panhandlers operate and has not significantly impacted the problem. Not surprisingly, the social outreach program, which was funded by the Downtown Partnership at around the cost of $50,000, has been the most effective program because the workers get panhandlers help for any addictions, help them find transitional housing, education, and job opportunities. Thus, as one police officer noted, the outreach is really a "cure" as opposed to a part-time band -aid that the law and arrests provide. 2. Legality of Licensing/Permitting Scheme for Panhandlers Council has also asked about the legality of a licensing/permitting scheme for panhandling. Staff has not found any city in Washington that has a panhandling licensing/permitting scheme. However, maintaining such a program would be difficult unless the scheme did not place an excessive financial burden on applicants, did not allow unfettered government discretion or delay in granting/denying permits, and allowed expedited judicial review of denials of permits. Additionally, any measures that punish panhandlers for not having a license cannot act as a form of restriction or prohibition of the speech. Additional practical considerations are that such schemes may not effectively reduce panhandling, could by costly (through administration of issuing permits and enforcement), and may be difficult to enforce. In Washington, free speech is afforded greater protection than under the U.S. Constitution. Ino Ino, Inc. v. City of Bellevue, 132 Wash. 2d 103, 117 (1997). Panhandling is a form of protected speech, and as such, receives strong protection. City of Seattle v. McConahy, 86 Wash. App. 557, 568 (1997). Prior restraints, or restricting/prohibiting the speech in advance of publication, are per se unconstitutional when imposed on protected constitutional speech (of which panhandling/solicitation is a class). JJR, Inc. v. City of Seattle, 126 Wash. 2d 1, 6 (1995); O'Day v. King County, 109 Wash. 2d 796, 804 (1988). Thus, when looking at a licensing scheme that involves protected speech, the relevant question is whether it constitutes "prior restraint ". Prior restraints are "official restrictions imposed upon speech or other forms of expression in advance of actual publication...." JJR, 126 Wash. 2d at 6, quoting Seattle v. Bittner, 81 Wash. 2d 747, 756 (1973). Because the licensing scheme cannot effectively ban the speech, the restrictions (such as requiring the permit, or only allowing licensed panhandlers to operate in certain locations) must be based on valid time, place, and manner restrictions. See RCA dated May 22, 2007 regarding requirements for valid time, place and manner restrictions. Additionally, purely subjective criteria, such as considering character, may only be considered in granting an application where there is a rational basis for doing so. Most likely there is no rational basis for considering character when looking at panhandlers. Additionally, the licensing scheme must have provisions that specifically require licenses to be considered — and thus granted or denied — without "undue delay" in a "reasonable time ". City of Littleton v. Z.J. Gifts, 541 U.S. 774, 781 (2004). r Finally, the commercial exploitation of material protected by the First Amendment may properly be subject to a licensing fee. However, the fee must be a regulatory measure reasonably related to costs of administration and enforcement of the statute, and must not act as a bar to allowing the speech. See Murdock v. Pennsylvania, 319 U.S. 105 (1943). As those. costs of regulation must be prescribed in advance, they must of necessity be based upon estimates which it is the right and duty of the licensing authorities to make. See Seattle v. Barto, 31 Wash. 141 (1903). Because of the nature of panhandling, licensing fees would most likely have to be very small or even free ((Durham, North Carolina, and Cincinnati, Ohio, have free license or charge $20 for licenses). Post license revocation/suspension cannot act as a restriction on speech and if it is used as punishment or prohibits the activity completely then it will be prior restraint. Finally, as noted above, staff could not find a Washington city with a licensing scheme for panhandling. Several cities in other states (which have different laws and constitutional limitations) have enacted panhandling licensing schemes. Durham, North Carolina, has a licensing statute that restricts solicitation in certain areas (due to safety concerns). See Attachments to RCA dated January 15, 2008. Under the Durham code, people wanting to solicit must get a license that acts more as an ID than anything else. It appears that approximately 100+ people register each year, though that number includes any charitable group trying to solicit as well (which would include the Fire Department's "fill the boot" campaign). Durham's code has not been challenged in court. Cincinnati, Ohio, has a similar provision, though their code was recently challenged on constitutional grounds. A federal district court found that the plaintiffs might prevail at trial and thus summary judgment was not appropriate. Henry v. City of Cincinnati, 2005 WL 1198814 (S.D. Ohio 2005). However, the parties have entered into settlement negotiations and the court may not reach the issue of whether that law is constitutional. While a licensing scheme is possible, there are strict requirements. The scheme must not prohibit the protected speech, and restrictions must still be based on reasonable time, place and manner requirements. Additionally, it appears that it would be difficult to administer from a city standpoint. Please let us know if you would like additional information. Page 1 of 1 Bill Gothmann From: Bill Gothmann Sent: Friday, June 27, 2008 11:20 AM To: 'Cathy Neet'; Connie Nelson (programs @svpart.org); Ian Robertson (pastorian @aol.com); Joe Shutz (djoemarys @aol.com); Maggie Crabtree (maggie @crabbytrees.com); Odin Langford (oaangford @libertylakewa.gov); Rose Dempsey; tbabcock @spokanecity.org Cc: Sue Passmore; 'Bill Gothmann; Dave Mercier; Mike Connelly; Cary Driskell Subject: Date of Next Meeting and Status Good Morning: The next meeting of the Panhandling Committee will be Tuesday, July 15 at 9:30 AM, in the second floor conference room. During this last Thursday's meeting, we heard about the range of services that are offered by Spokane Valley Partners. There was general consensus that if a panhandler has actual needs, the Police should be able to give them a card that refers them to SVP for services. We started making a list of possible provisions to include in a panhandling ordinance. The strategy is to include all the provisions we could possibly want, and then throw out the ones we don't want after we receive advice and comments from our City Attorney. The following is the list thus far: 1. Require a license to solicit money or via windshield - cleaning. 2. Prohibit giving funds from a moving vehicle. (We need to discuss this further because Rose had some concerns about this). 3. Prohibit fraudulent solicitations (such as, "I'm homeless" when they are not homeless). 4. Prohibit panhandling: a. Within 20 ft. of an ATM b. Within 20 Ft. of a bus stop c. Within 50 ft. of a traffic signal d. On business property where permission has not been granted e. On medians or islands f. On freeway exits or entrances g. Along major arterials at intersections that have traffic lights. h. At four -way stops i. At nighttime 5. Criminalize public intoxication and open containers 6. Redefine aggressive panhandling to include stepping into streets or onto a median I expect to continue this discussion at the next meeting. Following that, we need to discuss the education piece of the project. Bring your ideas, since we all agree that this is the most important part of the effort. I hope this helps. Bill 7/14/2008 `a CORE PROGRAMS Clothing Bank ♦ Provides new and gently used clothing and some personal hygiene items to individuals and families. ♦ Additional programs furnish kitchen kits, towel and sheet sets to families transitioning from homelessness. ♦ Car seat program offers a new car seat to families that cannot afford them. Emergency Services ♦ Provides short-term emergency services for housing, utilities, transportation, and medical /dental needs. Recently received a small grant for additional housing support. ♦ Emergency Services also provides community voicemail, a collaborative effort with the Spokane Neighborhood Action Program (SNAP). The service allows homeless individuals and others without phone service to have a phone number for making appointments, securing housing and other life necessities. Food Bank ♦ Provides food and non -food items to families in need. ♦ Families may access the food bank once a month. A typical food basket includes both perishable and shelf - stable items, as available. Some non -food items, such as personal hygiene and cleaning supplies, are also offered when available. Food baskets include both pre - packaged commodity and client self - select items. ♦ Cooking classes, a collaborative partnership with WSU County Extension, are also offered on Wednesdays, including one for the Russian community. The classes demonstrate simple, inexpensive meals prepared from food bank items, which the participants can eat and take home leftovers. ♦ Family members with a birthday are also given a cake and encouraged to select a gift from the "birthday" table. ♦ The food bank is one of 4 sites in Spokane County providing the Community Supplemental Food Program, a prescription -based food package to seniors (60 +) and 5 -year old children. Protective Payee ♦ Provides budget counseling and assists in overcoming barriers to employment for public assistance and social security recipients. ♦ The protective payee program assures clients financial commitments are made by paying their bills from their income sources, i.e. public assistance or social security. ♦ Clients may be referred to other SVP services as appropriate or given referral to other community resources. SEASONAL PROGRAMS Have A Heart ♦ The Have A Heart program ensures children receive a box of Valentines for sharing in the classroom. Families may pick up their Valentines during the first two weeks of February. ♦ Boxed Valentines are also made available to area teachers for those students unable to access SVP. Smart Start ♦ Appreciating the importance of grade appropriate "tools ", this program provides children with a backpack of new school supplies for that first day of school. ♦ Backpacks include binders, paper, writing and coloring implements that are age appropriate. ♦ Families are required to attend one life skills class prior to receiving the backpacks. The 2007 class topics included money management, parenting, helping kids with school, germ warfare and two classes in Russian. ♦ Children pick out their own backpack and receive a pre - packaged kit of supplies to accompany it. ♦ Area teachers may also request supplies throughout the year as needed. Rev. 6/25/08 1 Valley Social Services 4 9t Coats 4 Kids ♦ The Coats 4 Kids distribution, held the last week of October through the first week of November, ensures that no one greets the winter without a warm coat. ♦ Clients may also receive hats, gloves, mufflers, boots and other cold - weather gear, as available. ♦ Coats are donated throughout the year, but the biggest push for donations comes in the first week of September. Winter apparel received at other times through the clothing bank is stored offsite in anticipation of this clothing drive. ♦ Each individual receives at minimum a single coat, although other winter gear may be available depending on supply. Season of Sharing ♦ The Season of Sharing (SOS) program provides gently used and new gifts to individuals and families for gifting during the winter holiday season. ♦ Non - denominational, this event helps family celebrate their holidays with age and gender appropriate gifts. ♦ Families are assisted by area students in selecting gifts specific to their needs from a variety of tables. ♦ Beyond the gifts, additional food and non -food commodities are given out, as available. Typical non -food items have included personal hygiene, towel sets, blankets and home / holiday decorations. PARTNER AGENCIES In addition to SVP- sponsored events and programs, the center is home to other community resources They provide additional services to our families, making the facility nearly a one -stop resource center. Alight Counseling ♦ Located on SVP's lower floor, Alight provides counseling to individuals, groups, couples, families, seminars and trainings. ♦ They specialize in addiction, abuse, anger, anxiety, communication, depression, grief /loss, guilt /shame, relationships and stress. ESD 101 ♦ ESD 101 provides a fast -track program for students to re -enter high school. ♦ Center for School to Work operates The NET School: Alternatives to Education and Training, a high school re -entry program for students at risk of not graduating from high school. The NET School enrolls both high school dropouts and students deficient in credits and provides intensive instruction so they may prepare to pass the WASL and earn a high school diploma. ♦ Through in -class education and one -on -one mentoring, students short on credits receive a credit waiver that is their ticket back into high school. ♦ Students are referred into the program through self - referral and through school counselors. ♦ The Center for School to Work also manages programs to help youth successfully transition from school into careers. Through School to Work Connections, 16 -21 year olds aiming to complete their high school education and /or enter the workforce can receive job leads, career planning and guidance, paid work experience, resume writing, dress for success, interviewing techniques and access to internships. LUTHERAN COMMUNITY SERVICES ♦ Provided on an outreach basis, LCS provides a social worker to assist with domestic violence issues and access to legal services. NICOTINE ANONYMOUS (NA) ♦ NA is a self -help group designed to help people quit nicotine. ♦ The philosophy follows the 12 -step process, successfully used in Alcoholics Anonymous. Rev. 6/25/08 2 Valley Social Services SPOKANE NEIGHBORHOOD ACTION PROGRAM (SNAP) SNAP provides energy assistance from November through the following January. ♦ Assistance is need -based and subject to available funding, which fluctuates through the winter season. ♦ Applicants are eligible once per year SPOKANE REGIONAL HEALTH DEPARTMENT Public Health Nurses & lrt Steps Maternity programs ♦ General field public health nurses visit parents and children aged 0 -3 in their homes ♦ Provide information about health, growth and development, and community resources Women, Infants & Children program (WIC) ♦ Eligible pregnant and breastfeeding women, infants, and children up to age 5 receive nutrition services, including: ✓ Nutrition evaluation, education and counseling ✓ Breastfeeding tips and support ✓ Help finding health care and other social services ✓ Free food checks to purchase healthy foods, promoting health, growth and development THEATER ARTS FOR CHILDREN (TAC) ♦ Theater Arts for Children promotes and strives to provide the greatest opportunity possible for all ages to participate and enjoy the benefits of live theater through the hands -on experience in the entire theater process. ♦ Participation is open to anyone, from children 3 -103, to be involved with acting, stage production and lighting. ♦ No experience required, will work along those with more experience. ♦ The TAC theatre contains 150 seats. VALLEYFEST ♦ A free community event where children and families come together to celebrate the Valley community, ValleyFest will be held this year at Mirabeau Park, Sept 19th, 20th and 21". ♦ Valleyfest's day starts with a Fun Run followed by a Pancake Breakfast. ♦ The Valleyfest Parade is on Friday and includes community floats and local school bands. ♦ Valleyfest also includes entertainment specifically designed for and performed by children. All of these activities are provided at no cost to Valleyfest participants. Valleyfest also makes space available during the festival for non - profit organizations located in the Spokane Valley to promote their operations and host booths with activities for children. In addition, businesses serving the area promote their services and provide activities for children and their families. WSU NURSING ♦ Students from the WSU College of Nursing provide periodic screenings and educational instruction on a walk -in basis. They also provide flu shots during the Fall season. ♦ Although the schedule and topics change, they generally are available on Wednesday afternoons to mimic the food bank and clothing bank schedules. ♦ For the first quarter of 2008, they provided instruction /screenings on diabetic nutrition, monitoring blood pressure and glucose, foot massage, adult immunization, exercise and monitoring your medications. ♦ They also assist with Wednesday cooking classes to provide education for specific health concerns such as obesity, high blood pressure and diabetes. Rev. 6/25/08 3 Valley Social Services f/ 9 HOME SOCIETY The mission of the Children's Home Society is to develop healthy children, create strong families, build engaged communities, and speak and advocate for children. Services include: Adoption Resource Center ♦ Promotes the health and well -being of those whose lives have been touched by adoption. The ARC offers pre- and post- adoption counseling, specializing in adoptive or foster families with later - placed children. The ARC also provides information, support, counseling, advocacy, search assistance, and education for triad members (adopted persons, birth parents, adoptive parents) and professionals working in the adoption field. Child and Family Counseling ♦ CHSW professionals offer counseling services in multiple settings to children and families who face a variety of challenges. Counseling can help families build on their strengths, address challenges and improve family relationships. CHSW is a Licensed Community Mental Health Agency, providing counseling, case management and supportive services to families in Spokane County. Spokane Family Resource Center ♦ This community -based family support center offers a wide variety of activities and services for families. By providing information, education and support, as well as links to other available community resources, the Center seeks to promote the self - sufficiency and well -being of families. Parents As Teachers ♦ PAT is a curriculum- focused birth to three - year -old program designed to develop school readiness and family support. Parents receive information regarding their child's social, emotional, intellectual, language and motor development. They learn ways and techniques to encourage the positive growth and development of their child. Relatives Raising Relatives ♦ Today many grandparents, aunts, uncles, etc., find themselves unexpectedly raising grandchildren, nieces, nephews, etc. This program provides education, support and information for these families, whose children have often experienced significant losses. The Nurturing Program ♦ The Nurturing Program is an interactive family enrichment program. The goal of the program is to provide caregivers and children the tools they need to create and sustain a nurturing home life thereby reducing the risk of further out -of -home placement and increasing family management. HU-17ON SETTLEMENT ♦ Provides residential care for children, ages 5 -18 but a child may remain through high school graduation. ♦ The referral age is 5 -14 and family groups are welcome. ♦ Referrals may come from parents, grandparents, other family members, DSHS, case mangers and /or custodial parents. Walsh and Associates is dedicated to assisting people with developmental disabilities to achieve the highest practical fulfillment of lifelong ambitions and dreams. Services to clients include: ✓ Residential Services Offer 24 -hour supervision and assistance to individuals who have significant cognitive, medical or behavioral needs. Residential services emphasize positive supports and a belief in helping individuals live as independently as possible. ✓ Day Program Services The Community Access Program offers individuals the opportunity to integrate into the various activities and events of their local community. This may include grocery shopping and other daily tasks, or, it may include participation in recreational and social events such as city council meetings, local sporting events, camping, or even personal vacations. ✓ Employment Services The Employment Programs offer individuals unique opportunities to earn wages and gain valuable on- the -job experiences. Services consist of job searches, interview preparation, as well as job coaching. Rev. 6/25/08 4 Valley Social Services Information from Corporal Mark Nygren, June 26, 2008: On 6/11/08 1 and other deputies responded to 15735 E Broadway on a Persons Bothering call. Complaint was of transients behind the liquor store and Fashion Bug digging in the garbage, drinking alcohol, and urinating in public. Other deputies contacted 2 transient types behind the store. One was so intoxicated that he had soiled himself and medics were called for a medical evaluation. He was eventually transported to Detox. I contacted 2 transient types out front of the business. The first one was truly a transient. He was very intoxicated. I found out he has felony arrest warrants out of Florida that were not extraditable. I eventually let him go without any enforcement action as there was no law violation I was able to determine had occurred that I could enforce. The other subject was a transient type, but was not a transient. He is a white male named "Charlie ". Charlie is a convicted felon with an extremely long arrest record. Charlie had four outstanding warrants; a felony, 2 misdemeanors, and a felony DOC Escape warrant. Charlie is a self- admitted life long alcoholic. Charlie initially lied to me about his name to avoid being arrested. I confirmed his identity using local and state law enforcement databases. Enroute to jail, Charlie told me some interesting things about his life and his "profession ". Charlie is NOT a transient. He lives in Spokane at the Red Lion Motor Inn. Sometimes he lives with his wife, who has a house in the west central area. Charlie is a professional panhandler. He has a solicitors license through Spokane city, and calls his business "Cardboard Expressions ". Charlie takes the STA bus out to the Spokane Valley to panhandle. Charlie said he initially went to the valley knowing he has warrants, trying to "hide out ". He figured the cops on the valley are less familiar with him than the Spokane cops and he could lie about who he is. But, Charlie says he likes the valley much better because: 1) No rules - There are too many rules in Spokane and the Spokane cops enforce them. 2) More lucrative - People in the valley are more generous than people in Spokane. Charlie said he averages 30 to 40 dollars an hour panhandling in the valley. He said, "all the pretty women in their 30s and 40s give me 20 dollar bills ". The most lucrative spots are by Wal -Mart and the Valley mall. While booking Charlie, I talked to a SPD Officer about transients. He told me the Spokane Police Department administration is telling officers to crack down on transients and to tell them to go "east of Havana" to panhandle. (this was a single officer's off hand remark) .. June 26, 2008, from Corporal Mark Nygren Chief VanLeuven requested a list of possible tools for law enforcement to combat the panhandling problem. Chief VanLeuven also gave me a packet of materials to look at. I wish to make a point regarding the first 2 articles regarding the "Criminalization of Homelessness" and "Illegal to be Homeless ". THE MAJORITY OF PANHANDLING CONTACTS WE MAKE IN THE SPOKANE VALLEY ARE WITH PEOPLE WHO ARE NOT HOMELESS. These panhandlers are intentionally misleading people to believe they are homeless, stranded, etc. While they may be alcoholics, have mental or physical disabilities, or any other number of problems and /or reasons they choose to panhandle, most are NOT homeless. I have spoken with a number of deputies and developed a list of potential tools for law enforcement to use to deal with the panhandling issue. Tools 1. Criminalize Panhandling This would bean all out ban. It would probably be the most effective tool. 2. Regulate Panhandling Similar to the city of Spokane, require a license to panhandle. With regulations, certain activites could be prohibited, certain locations be prohibited, certain times be prohibited. 3. Criminalize Public Intoxication . Currently there is not a statute against being drunk in a public place. The vast majority of panhandlers we encounter are drunk. The drunk ones are also more likely to be aggressive and cause other problems. While this would not address all panhandling situations, it is a collateral attack on the problem. 4. Criminalize Open Container (of Alcohol) Open container is currently an infraction. To make it a criminal offense would give deputies a greater range of enforcement options. (Open container used to be a misdemeanor under RCW. It was changed to an infraction about 5 years ago or so. I think that originally open container was a misdemeanor under SVMC, and at some point it was changed to an infraction to mirror RCW.) 5. Make it Illegal (infraction) to give anything to a panhandler This would address the supply side of the equation. A deputy would still be required to observe the violation to act on it. 6. Make it illegal for convenience stores to sell 24 oz. beers This is the favored choice of transients, especially those in the Sullivan / 1 -90 area. Deputies on numerous occasions watch panhandlers get money at a freeway off ramp, then walk to the nearest convenience store and buy a 24 oz. bottle of beer. 7. Strengthen the current Aggressive Begging statute SVMC 8.25.020 Many panhandling problems are caused by panhandlers violating traffic ordinances, like stepping into the street, panhandling from the center median. The definition of Aggressive Begging could be changed so that if the panhandler commits any violation of the traffic laws or obstructs traffic in any way, or accepts anything of value from anyone located in a vehicle, it is (by definition) Aggressive Begging. 8. Use the Public Nuisance Law (RCW 9.66 adopted as SVMC 8.25.050) This was recommended by Joe Schultz at the last Panhandling Committee meeting. I have never used this law in my 20 years of law enforcement but can't say exactly why and am not sure of any case law issues. After taking a look at it, it does have some interesting advantages. a) by RCW, it "is a crime against the order and economy of the state ". This makes the STATE, or in our case the CITY the victim, so a victim willing to press charges would not be required. b) Public Nuisance is a very broad statute which encompasses a number of issues associated with panhandling and transients. (see pertinent parts of the statue below) To be effective, and to officially make the Spokane Valley the "victim ", I think a resolution by the city council stating how certain activities under Public Nuisance adversely affect the city would be needed or desired. Then, within the confines of that resolution, deputies could enforce the Public Nuisance law against the activities the city council has resolved. 9.66. 010 - Public Nuisance A public nuisance is a crime against the order and economy of the state. Every place (1) Wherein any fighting between people or animals or birds shall be conducted; or, (2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or, (3) Where vagrants resort and Every act unlawfully done and every omission to perform a duty, which act or omission (1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or, (2) Shall offend public decency, or, (3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or, (4) Shall in any way render a considerable number of persons insecure in life or the use of property, Shall be a public nuisance. 9.66.030 - Maintaining or permitting nuisance. Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed, or who shall willfully omit or refuse to perform any legal duty relating to the removal of such nuisance, and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor. 1 A DREAM DENIED: THE CRIMINALIZATION OF HOMELESSNESS IN U.S. CITIES EXECUTIVE SUMMARY The housing and homelessness crisis in the United States has worsened in 2005, with many cities reporting an increase in demands for emergency shelter. In 2005, 71 percent of the 24 cities surveyed by the U.S. Conference of Mayors reported a 6 percent increase in requests for emergency shelter._ Even while the requests for emergency shelter have increased, cities do not have adequate shelter space to meet the need. In the 24 cities surveyed in the U.S. Conference of Mayors Hunger and Homelessness Homelessness Survey for 2005, an average of 14 percent of overall emergency shelter requests went unmet, with 32 percent of shelter requests by homeless families unmet. The lack of available shelter space — a situation made worse by the Gulf Coast hurricanes - leaves many homeless persons with no choice but to struggle to survive on the streets of our cities. Over the course of the year, 3.5 million Americans experience homelessness._ The number of people living on the streets threatens to grow as thousands of people are now homeless as a result of Hurricane Katrina. According to the Federal Emergency Management Agency, as of late November, approximately 50,000 hurricane evacuees remained in hotels and motels awaiting alternative housing options. An unfortunate trend in cities around the country over the past 25 years has been to turn to the criminal justice system to respond to people living in public spaces. This trend includes measures that target homeless persons by making it illegal to perform life - sustaining activities in public. These measures prohibit activities such as sleeping/camping, eating, sitting, and begging in public spaces, usually including criminal penalties for violation, of these laws. This report is the National Coalition for the Homeless' (NCH) fourth report on the criminalization of homelessness and the National Law Center on Homelessness & Poverty's (NLCHP) eighth report on the topic._ The report documents the top 20 worst offenders of 2005, as well as initiatives in some cities that are more constructive approaches to the issue of people living in public spaces. The report includes the results of a survey of laws and practices in 224 cities around the country, as well as a survey of lawsuits from various jurisdictions in which those measures have been challenged. Types of Criminalization Measures The criminalization of homelessness takes many forms, including: • Legislation that makes it illegal to sleep, sit, or store personal belongings in public spaces in cities where people are forced to live in public spaces; • Selective enforcement of more neutral laws, such as loitering or open container laws, against homeless persons; • Sweeps of city areas where homeless persons are living to drive them out of the area, frequently resulting in the destruction of those persons' personal property, including important personal documents and medication; and • Laws that punish people for begging or panhandling to move poor or homeless persons out of a city or downtown area. Criminalization Measures Have Increased r City ordinances frequently serve as a prominent tool to criminalize homelessness. Of the 224 cities surveyed for our report: 28% prohibit "camping" in particular public places in the city and 16% had city -wide prohibitions on "camping." • 27% prohibit sitting/lying in certain public places. • 39% prohibit loitering in particular public areas and 16% prohibit loitering city -wide. • 43% prohibit begging in particular public places; 45% prohibit aggressive panhandling and 21 % have city -wide prohibitions on begging. The trend of criminalizing homelessness appears to be growing. Of the 67 cities surveyed in both NCH and NLCHP's last joint report in 2002 and in this report: • There is a 12% increase laws prohibiting begging in certain public places and an 18% increase in laws that prohibit aggressive panhandling. • There is a 14% increase in laws prohibiting sitting or lying in certain public spaces. • There is a 3% increase in laws prohibiting loitering, loafing, or vagrancy laws. Another trend documented in the report is increased city efforts to target homeless persons indirectly by placing restrictions on providers serving food to poor and homeless persons in public spaces. While cities are cracking down on homeless persons living in public spaces, according to the latest U.S. Conference of Mayors Hunger and Homelessness report, cities do not have adequate shelter to meet the need: • 71% of the 24 cities surveyed by the U.S. Conference of Mayors reported a 6% increase in requests for emergency shelter. 16% of overall emergency shelter requests went unmet and 32% of emergency shelter requests by homeless families went unmet in cities surveyed. The Meanest Cities Although some of the report's top 20 meanest cities have made some efforts to address homelessness in their communities, the punitive practices highlighted in the report impede progress in solving the problem. The top 20 meanest cities were chosen based on the number of anti- homeless laws in the city, the enforcement of those laws and severities of penalties, the general political climate toward homeless people in the city, local advocate support for the meanest designation, the city's history of criminalization measures, and the existence of pending or recently enacted criminalization legislation in the city. Over the past year, the practices in the following top 5 meanest cities stand out as some of the worst examples of inhumane city treatment of homeless and poor people: #1 Sarasota, FL. After two successive Sarasota anti - lodging laws were overturned as unconstitutional by state courts, Sarasota passed a third law banning lodging outdoors. This latest version appears to be explicitly aimed at homeless persons. One of the elements necessary for arrest under the law is that the person "has no other place to live." #2 Lawrence, KS. After a group of downtown Lawrence business leaders urged the city to cut social services and pass ordinances to target homeless persons, the city passed three "civility" ordinances, including an aggressive panhandling law, a law prohibiting trespass on rooftops, and a law limiting sleeping or sitting on city sidewalks. #3 Little Rock, AR. Homeless persons have reported being kicked out of bus stations in Little Rock, even when they had valid bus tickets. Two homeless men reported that officers of the Little Rock Police Department, in separate incidents, had kicked them out of the Little Rock Bus Station, even after showing the police their tickets. In other instances, homeless persons have been told that they could not wait at the bus station "because you are homeless." #4 Atlanta, GA. Amid waves of public protest and testimony opposing the Mayor's proposed comprehensive ban on panhandling, the City Council passed the anti- panhandling ordinance in August 2005. In the devastating aftermath of Hurricane Katrina, Atlanta stood firm in its resolve to criminalize panhandlers. A Katrina evacuee who was sleeping in his car with his family after seeking refuge in Atlanta was arrested for panhandling at a mall in the affluent Buckhead neighborhood, even after he showed the police his Louisiana driver's license, car tag, and registration as proof that he was a Katrina evacuee. In addition, during the first week in December, the Atlanta Zoning Review Board approved a ban on supportive housing inside the city limits. #5 Las Vegas, NV. Even as the city shelters are overcrowded and the city's Crisis Intervention Center recently closed due to lack of funding, the city continues to target homeless persons living outside. The police conduct habitual sweeps of encampments which lead to extended jail time for repeat misdemeanor offenders. In order to keep homeless individuals out of future parks, the city considered privatizing the parks, enabling owners to kick out unwanted people. Mayor Oscar Goodman fervently supported the idea, saying, "I don't want them there. They're not going to be there. I'm not going to let it happen. They think I'm mean now; wait until the homeless try to go over there." Criminalization Measures Are Bad Policy and Violate Constitutional Rights These practices that criminalize homelessness do nothing to address the underlying causes of homelessness. Instead, they exacerbate the problem. They frequently move people away from services. When homeless persons are arrested and charged under these measures, they develop a criminal record, making it more difficult to obtain employment or housing. Further, criminalization measures are not cost efficient. In a nine -city survey of supportive housing and jail costs, jail costs were on average two to three times the cost of supportive housing._ Criminalization measures also raise constitutional questions and many of them violate the civil rights of homeless persons. Courts have found certain criminalization measures unconstitutional: • For example, when a city passes a law that places too many restrictions on begging, free speech concerns are raised as courts have found begging to be protected speech under the First Amendment. • When a city destroys homeless persons' belongings or conducts unreasonable searches or seizures of homeless persons, courts have found such actions violate the Fourth Amendment right to be free from unreasonable searches and seizures. • Courts have found that a law that is applied to criminally punish a homeless person for necessary life activities in public, like sleeping, violates that person's Eighth Amendment right to be free from cruel and unusual punishment if the person has nowhere else to perform the activity. • Laws that do not give people sufficient notice of prohibited conduct or allow for arbitrary enforcement by law enforcement officials can be unconstitutionally vague. Courts have found loitering and vagrancy laws unconstitutionally vague. In addition to violating U.S. law, criminalization measures can violate international human rights law. The United States has signed international human rights agreements, many of which prohibit, actions that target homeless people living in public spaces. Constructive Alternatives to Criminalization While many cities engage in practices that exacerbate the problem of homelessness by pursuing criminalization measures, more constructive approaches do exist in some cities around the country. The following examples. can serve as more constructive approaches to homelessness: Broward County, FL. The Taskforce for Ending Homelessness, Inc., a not - for - profit agency that provides outreach, education, and advocacy services for the homeless population in Broward County, has partnered with the Ft. Lauderdale police department to create an outreach team made up of police officers and a civilian outreach worker who is formerly homeless. In its five years of operation, the Homeless Outreach Team has had over 23,000 contacts with homeless individuals and has placed 11,384 people in shelters. Estimates suggest that there are at least 2,400 fewer arrests each year as a result of the Homeless Outreach Team. • Pasadena, CA. The Pasadena Police Department and the Los Angeles Department of Health have partnered to form the Homeless Outreach Psychiatric Evaluation (HOPE) Team. The program created three teams of mental health and law enforcement officials to provide compassionate assistance to persons in need of mental health assessment and services. • Ohio. In Ohio, the three largest cities, Columbus, Cleveland, and Cincinnati, fund teams of trained workers to go out under the bridges and visit the encampments near the rivers to assist those outside the service system. The critical component to the success of these programs is that they do not put a lot of restrictions on the assistance that they are offering and offer help at non - traditional hours when other services are closed, providing a vital link between mainstream services and a population that resists congregate living. • Washington, DC. The downtown business community in Washington, D.C., created a day center for homeless people who may not have anywhere to go during the day when shelters are closed. Through the Downtown D.C. Business Improvement District, business owners fund this day center that can serve up to 260 people per day, with indoor seating, laundry, showers, and a morning meal. San Diego, CA. In 1989, a public defender from San Diego created the nation's first Homeless Court Program, which is a special monthly Superior Court session held at local shelters for homeless defendants to resolve outstanding misdemeanor criminal cases. Homeless courts expand access to the judicial system and assist homeless defendants by addressing outstanding warrants and criminal offenses to remove barriers to benefits, treatment, housing, and employment. Recommendations Instead of criminalizing homelessness, city governments, business groups, and law enforcement officials should work with homeless people, providers, and advocates for solutions to prevent and end homelessness. Cities should dedicate more resources to more affordable housing, shelters, and homeless services. To address street homelessness, cities should adopt or dedicate more resources to outreach programs, such as the ones highlighted in this report. Further, cities and states can set up programs to help homeless individuals apply for federal benefits to which they are entitled but may not be receiving, such as Supplemental Security Income benefits for disabled individuals, food stamps, or the earned income tax credit. Business groups can play a positive role in helping to address the issue of homelessness. Instead of advocating for criminalization measures, business groups can put resources to solutions to homelessness, such as the Downtown D.C. Business Improvement District's day center. The federal government can also play a role in encouraging cities to pursue more constructive approaches to homelessness. Federal funding for homeless and poverty programs should be conditioned on local government agreement not to punish homeless persons for conduct related to their status. As criminalization measures move people away from services, make it more difficult for people to move out of homelessness, and cost more due to incarceration and law enforcement costs than more constructive approaches, cities would be wise to seek constructive alternatives to criminalization. When cities work with homeless persons and advocates toward solutions to homelessness, instead of punishing those who are homeless or poor, everyone can benefit. US. Conference of Mayors, A Status Report on Hunger and Homelessness in America's Cities: A 24 -City Survey 5 (Dec. 2005). .11 M Id. Martha Burt et al., Helyinz America's Homeless49 -50 (The Urban Institute Press, 2001). Federal Emergency Management Agency, YEMA Extends Deadline for Evacuees, " Nov. 22, 2005, at http ://www.fema.gov /news /newrelease -Printfema ?id= 20818. National Coalition for the Homeless (NCH) and National Law Center on Homelessness & Poverty (NLCHP), Illegal to be Homeless: The Criminalization of Homelessness in the United States (2002); NCH, Illegal to be Homeless: The Criminalization of Homelessness in the United States. (2003); NCH, Illegal to be Homeless: The Criminalization of Homelessness in the United States (2004). NLCHP, Go Directly to Jail: A report analyzing local anti- homeless ordinances (1991) (nine cities); The Right to Remain Nowhere: A report on anti - homeless laws and litigation in 16 U.S. cities (1993); No Homeless People Allowed: A report on anti - homeless laws, litigation and alternatives in 49 US cities (1994); Mean Sweeps: A report on anti - homeless laws, litigation and alternatives in SO U.S. cities (1996); Out of Sight, Out of Mind? A report on anti - homeless laws, litigation and alternatives in SO U.S. Cities; NCH and NLCHP, Illegal to Be Homeless: The criminalization of homelessness in the U.S. (2002); Punishing Poverty: The Criminalization of Homelessness, Litigation, and Recommendations for Solutions (2003). See Lewin Group, "Costs of Serving Homeless Individuals in Nine Cities: Chart Book, " (2004) available at http • / /documents. csh. orQ/documentslkelcsh 1ewin2004. PDF. HOME I FULL REPORT (pdf) Acknowledgments I Executive Summary 11. Trends in the Criminalization of Homelessness II. Criminalization Measures Violate Constitutional Rights III Criminalization Measures Violate Human Rights Norms I IV. Constructive Alternatives to Criminalization I V. T op 20 Meanest Cities I VI. Meanest Cities' Narratives I VII. Other Cities' Narratives I VIII. CASES: Challenges to Restrictions on Sleeping, Camping, Sitting or Storing Property in Public Place [FEDERAL] S( TATE] I Challenges to Anti - Begging, Anti - Soliciting and Anti - Peddling Laws Challenges to Vagrancy, Loitering and Curfew Laws I Challenges to Restrictions on Feedings Miscellaneous I IX. Prohibited Conduct Chart I X. APPENDIX:Survey Questions I Sample Know Your Rights Card I Sources for City Narratives I. (A) Introduction This report, "Illegal to Be Homeless: The Criminalization of Homelessness in the United States," is the third annual report since 2002. This study documents the widespread trend of violations of the basic human rights of people experiencing homelessness in 179 communities in 48 states, Puerto Rico, and the District of Columbia. Through the passage of possibly unconstitutional laws, the "selective enforcement" of existing laws, arbitrary police practices, and discriminatory public regulations, people experiencing homelessness face overwhelming hardships in addition to their daily struggle for survival. Instead of spending precious public resources and funding to address the significant lack of affordable housing in this country, local governments in urban, suburban, and rural areas divert these funds to local Business Improvement Districts (BIDs) and to policing, which often penalize the very people this money could help. In addition to continuing the documentation of this trend, this report emphasizes the connections between the creation of a public environment of intolerance and the increasing danger of living on the streets that results from this attitude. This report is an annual summary of continuous investigation with evidence that criminalization is not only a local issue that is duplicated nationwide, but is also a national concern that demands a federal response. We have asserted and continue to assert that a pattern and practice of civil rights violations and unconstitutional behaviors by local government authorities, including the police and other city agencies, exists in many cities around the country. These practices exact enormous economic, social, political and individual costs and do nothing to prevent and end homelessness that plagues individuals nationwide. With the unemployment rate still near its highest point in a decade, and with even deeper cuts in funding for social services and housing supports than we anticipated, the immediate future for the increasing number of people experiencing homelessness is desperate. For those people forced to live in public spaces without access to shelter, public restrooms, and places to store their belongings, life continues to be disastrous. Sympathy for homeless people depends in large measure on understanding the economic causes of homelessness and the oppressive conditions of living without a private space. Legislating against the behavior and circumstances of people who have no place to go is a giant step backward in the effort to end homelessness. It is important to note that a number of city governments continue to violate the civil rights of homeless persons. A main goal of this report is to document these policies and show that, while many of the laws criminalizing homelessness are new, and many of the cities are cited for the first time, nevertheless a number of cities cited here have been among the worst cities for civil rights violations since data began being collected. The spread of the pattern and practice of using incarceration and harassment as an apparent attempt to "deter" people from being homeless must be met by a combination of tactics and organized efforts. (B) A Working Definition of Criminalization A Class discrimination is still legal and acceptable in the United States. There is no protected status for those who are economically oppressed or excluded, much less those who are homeless, although homeless people are very often the targets of discrimination. On the contrary, the growing body of laws passed by local governments criminalizes activities necessary to survival on the streets. Because people without homes often have no option but to perform necessary functions in public, they are vulnerable to judgment, harassment and arrest for committing "nuisance" violations in public. For these people, economic or housing status effectively becomes the cause of their incarceration under "quality of life" ordinances. Instead of providing affordable housing and livable wages, our communities choose to protect themselves from visible homelessness under the guise of assumed threats to public safety. Criminalization is the process of legislating penalties for the performance of life - sustaining functions in public. It also refers to the selective enforcement of existing ordinances. Both practices are intended to harass and arrest homeless people. Laws against obstruction of sidewalks and public ways such as sitting or lying in public spaces are largely enforced against homeless people. This report focuses on both kinds of criminalization. Police in many cities commonly conduct "sweeps" in downtown areas before large political, religious, athletic or entertainment events. Police routinely stop people they suspect are homeless, ask for identification and run warrant checks. There have been many reports of police urging homeless people to leave town or face arrest if they are stopped again. The underlying assumption behind these actions is that homelessness is a "public safety" issue. Therefore, cities attempt to eliminate visible homelessness through enforcing "quality of life" ordinances, which seek to improve the "quality of life" of housed and higher - income individuals by removing from sight those people who look poor and homeless. Arrest and incarceration has become an expedited way of removing individuals from sight. Unfortunately, many people justify criminalization as a "benevolent" means of coercing individuals into treatment and other services that are not voluntarily available. Desperately- needed voluntary services are diverted into the correction's system, which in some communities have actually become part of the Continuum of Care; the explanation for the diversion is to provide an "alternative" to hard time. The growing tendency to "track" homeless people and their use of services is an insidious means of controlling the actual quantification of need. This tracking system also classifies some people as "service resistant" or not really homeless; the system excludes others as criminals. (C) The Income/Employment Crisis According to the National Low Income Housing Coalition, there is no state or local jurisdiction in this country where a person who works a minimum -wage job can afford housing at HUD's Fair Market Rents. The continuing decline in real value of minimum wage income, as well as the dramatic reduction of income supports like Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI), without the subsequent availability of public housing units, creates and increases homelessness. Forty-two percent (42 %) of homeless people, nationwide, work. However, the income they earn is not sufficient for accessing safe, affordable and appropriate housing. In many cities the majority of available emergency housing or shelter costs at least $7 per night. Labor Pools become the trap for homeless people who must pay for their shelter and take whatever income- producing work is available. Making the transition from labor pool to living wage employment is the only way into permanent, reliable housing. For women and families who live on TANF benefits (Temporary Aid to Needy Families) and must work for their monthly allowance, housing in the private market at 30% of income is impossible to find. (D) The Health Care Crisis Access to health care for individuals experiencing homelessness is limited and difficult to obtain. Homeless people with chronic illnesses often do not continue receiving treatment or medication in jail. Incarceration also poses deeper health care dangers. With incarceration comes an increased risk of contracting chronic illnesses or serious health problems such as tuberculosis and hepatitis. Because of the limited availability of mental health care facilities, many individuals with mental health problems live on the streets or are incarcerated in jails where they are unlikely to receive the treatment they need. Due to the lack of long -term residential care services and the number of people with mental health problems living on the streets, police officers often assume the role of determining the need for treatment. Following the model Memphis has developed, some cities are training special units to specifically deal with people with mental health problems. These programs seem to be successful, but not without sufficient housing and supportive services. In many cities residential treatment and recovery for addictions are not readily available. As a result, cities often jail substance abusers. The cost of jail time far exceeds the money spent for residential treatment with supportive housing. (E) The Lack of Emergency Housing and Services Most communities in this country lack enough shelter beds for the number of homeless people. Many shelters charge between $5.00 and $10.00 per night for a bed or even a mat on the floor. An overwhelming majority of communities lack sufficient social services to meet the needs of all their low'income/homeless individuals and families. And the recent economic recession has caused major cutbacks in funding to non - profit and service organizations. Already shelters operate above capacity and some have had to close for lack of funds. Thousands of people across the country need shelter and cannot get it. According to the 2003 U.S. Conference of Mayors Report, requests for emergency shelter increased by 13% over the previous year, with requests from homeless families with children increasing by 15 %. Of the number of people requesting emergency shelter, 30% of homeless people and 33% of homeless families were turned away. Every year hundreds of people die from exposure or from illnesses associated with long -term exposure. (F) Political Rationale for Criminalization Criminalizing the life - sustaining acts of people experiencing homelessness without offering legal alternatives is supported by conservative think tanks like the Criminal Justice Legal Foundation (CJLF), www.cjl£org, and the Center for the Community Interest (CCI), formerly the American Alliance for Rights and Responsibilities , www.communityinterest.org. These think tanks apply the rules of private ownership to public space. These groups advocate anti- homeless policies under the guise of preserving the "common good." The CJLF has especially targeted "begging" under the justification that whatever is good for private development is good for all urban residents. In addition, the CCI publishes anti - panhandling guides and defines itself as "a leading advocate for urban quality-of-life and safe - streets measures" that work "to get guns out of schools, gangs off of street corners, drug dealers out of housing projects, porn shops out of neighborhoods, aggressive panhandlers out of ATM lobbies and put mentally ill substance abusers into treatment and off the streets." Bans on aggressive panhandling are viewed as a means of severely restricting panhandling without violating a person's freedom of speech. Laws or ordinances that include the language "aggressive" panhandling or solicitation are common. Most aggressive panhandling laws restrict locations where panhandling is permitted and the way in which individuals ask for money or goods. Public spaces like streets, sidewalks, and parks are by definition "common property" and may be used by anyone. Private property owners are often able to persuade city officials to limit the use of public space and establish Business Improvement Districts, or BIDS. These areas exclude people with no access to private property from public property. The CJLF and the COI's recommendations for regulating public space limit the use of common property and seek to justify exclusion by calling homeless people criminals and threats to public safety. I. Background The National Coalition for the Homeless (NCH), established in 1982, is the oldest national homelessness advocacy organization. NCH is comprised of local and statewide advocates, representatives of homeless coalitions, service providers, faith -based organizations, grassroots activists and people experiencing homelessness. This year's report continues documenting local discriminatory practices which have frequently been challenged and modified, but continue to re- emerge, often in more aggressive forms. When litigated, "quality of life" laws have sometimes been determined unconstitutional in both state, and federal court. As these laws and practices continue to be used as sources to reduce the visibility of homelessness, advocates must consistently confront them. III. Methodology This report is the product of the National Homeless Civil Rights Organizing Project (NHCROP) of NCH, an ongoing effort to establish systematic data collection and coordination of efforts to protect the rights of homeless people. As a result, this report is the most comprehensive and up- to -date attempt to document the discrimination against and criminalization of people experiencing homelessness. The qualitative information from each city is reported in the form of descriptive narratives. These narratives serve as a record of evidence testifying to the criminalization of people experiencing homelessness in almost every city surveyed, as well as the status of struggles and conflicts in those communities. Anecdotal evidence and experience, as well as available statistics were collected, evaluated and form the basis for policy analysis and recommendations for combating the erosion of civil and human rights in this country. In addition, the city codes for the majority of the cities were examined and summarized in a chart comparing patterns of criminalization across the nation. In most cases city code information was available .electronically, generally on databases. However, in those circumstances where it was impossible to obtain an electronic document, copies were directed to city clerks' and attorneys' offices, who then provided the information. Different classifications of various ordinances are dependent upon the wording of the ordinance itself. IV. Problem Statement /Consequences of Criminalization (A) Economic Consequences As the country fails to provide money for housing, and as essential funds are cut from social services, the amount of money spent to jail people for "quality of life" crimes increases. The legal challenges resulting from criminalizing homelessness have proven costly for both homeless people and for those who prosecute them. Judgments against offending jurisdictions are not sufficient payment for the loss of freedom, jobs while incarcerated, shelter spaces and for the difficulty in finding employment once you have a "record." Although anti- homeless ordinances violate HUD's Consolidated Plan and should jeopardize any offending jurisdiction's access to Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and McKinneyNento federal funds, few charges are brought against those cities because non -profit organizations risk their own funding if they complain. Moreover, local ordinances that discriminate against and criminalize the lives of homeless people often violate local, state, and federal constitutions, thus exposing city governments and police departments to civil liability. Ordinances that criminalize homeless people simply perpetuate the problems of homelessness. It is more expensive to detain a person in jail than to house and offer services. According to the National Law Center on Homelessness and Poverty 2003 report, Punishing Poverty: The Criminalization of Homelessness, Litigation, and Recommendations for Solutions, the cost of providing jail, excluding the cost of the police resources used in the arrest, exceeds $40 per day. Some sources say the daily cost is as much as $140. In comparison, the average cost of providing counseling, housing, food, and transportation for one day is approximately $30. In most cities there is a desperate lack of emergency and permanent housing and support. Funds that might be used to fund programs addressing the needs of homeless people are diverted to the criminal justice system. (B) Social Consequences Criminalization masks the social exclusion of homeless people under the guise of public safety concerns. When cities warn tourists and residents not to give money to panhandlers, they create the fear of homeless individuals that leads to further discrimination. This criminalization then helps to legitimize that fear. Persons arrested or incarcerated for "quality of life" offenses may lose access to employment, families and friends. This loss also impacts employers who lose faith in hiring homeless people because "they don't show up," or because they have "records." Once incarcerated, these homeless individuals face overcrowding, violence, abuse, or disease. The conditions in turn contribute to additional social costs when the person is released and interacts again with society. Cities might be more successful developing programs intended to reduce homelessness if the level of animosity among police, service providers, and homeless persons was reduced. With a focus on training, police might deal more effectively and efficiently with conflicts that arise, without violating the civil rights of homeless people. (C) Political Consequences Laws criminalizing the circumstances of poverty, as well as sanctioned or unsanctioned actions committed by law enforcement officials, may violate both state constitutions and the U.S. Constitution. For example, laws prohibiting or limiting panhandling and begging may violate the First Amendment. The seizure or destruction of homeless peoples' property may violate the Fourth Amendment, which prohibits unreasonable search and seizure. Laws prohibiting sleep and other necessary activities in public spaces may violate the Eighth Amendment, which prohibits cruel and unusual punishment. In addition, discriminatory enforcement of such laws may constitute a violation of the Fourteenth Amendment, which assures equal protection under the law. (D) Individual Consequences The criminalization of homelessness makes the struggle to survive on the streets even more difficult, depressing, demoralizing, and frightening, especially as the criminal justice system can itself act as a major barrier to individual efforts to escape homelessness. Regardless of the number of ordinances passed, homeless people still must eat, sleep, and survive in public because often no alternative is available to them. Once homeless people have been arrested for "quality of life" violations, their criminal records grow, and as a result they may be excluded from jobs and housing. Anyone incarcerated at least 30 days loses Social Security benefits during incarceration. Also, if an individual receiving benefits is found to have an outstanding warrant, she or he can be denied benefits. The Social Security Administration has gone so far as to grant agencies an "incentive" of $400 per person found to be in violation. In addition, when homeless persons do not follow through with the process of criminal justice, such as failing to pay traffic tickets or not appearing in court, warrants are issued for their arrest and they may be subjected to further charges and/or jail time. Money used to pay fines might otherwise be used for housing or other needs. Finally, it may be difficult for homeless people to maintain the mandated relationship with parole officers or with community service organizations. Many homeless people lose all their possessions, even difficult -to- obtain IDs, when they are arrested. In addition, police harassment causes homeless people to miss appointments and /or interviews, reinforcing their status as second -class citizens. Homeless persons who are employed at the time of arrest and who are held in jail may lose their current jobs. Even when people are only given citations and are not arrested, the police may use the threat of arrest to intimidate individuals without housing. Thus, there are many hidden effects of these policies. Policies of criminalization defeat their own goals of removing homeless people from public visibility because they simply create further barriers for survival and undermine individual efforts to escape homelessness. Such policies keep more people on the streets and increase problems related to homelessness. When individuals are released from jail, they are still homeless, and they have even more barriers and obstacles to overcome than before. (E) Security Guards and the Homeless Community A few cities in the United States have reached legal agreements with their municipalities to put an end to police harassment of homeless people. A growing problem in the United States is the rise in private security forces that wear uniforms and mistreat homeless people. In a few cities, including Cleveland, Ohio, these security guards are often off -duty Cleveland Police officers. These privately -paid security officers are allowed to wear the uniform of the municipal police force, and have close contact with the police. They have the ability to detain homeless people and, subsequently, have them arrested. When they are off -duty, these officers do not always abide by consent decrees, legal settlements, or even the law with regard to panhandlers or the rights of homeless people. People who spend a large number of hours of the day on the streets report frequent and systematic abuse by private security guards in the downtowns of our urban environments. There are a growing number of reports of increased tensions between homeless people and security guards from around the United States, ranging from Business Improvement District security in Atlanta, Georgia and Columbus, Ohio with their "Downtown Ambassadors." These guards patrol the streets and intervene when they see infractions of Yquality of lifel: laws. In Reno, Nevada, conflicts arise between the downtown casinos and homeless people. Fort Worth, Texas, has made a significant effort to curtail panhandling, and has drafted neighborhood associations into the fight. In many communities, security guards are indistinguishable from municipal police officers. Often, they wear the same or similar uniforms, carry guns, and threaten arrest. It may be impossible for homeless people to distinguish between an on -duty municipal police officer and an off -duty security guard, and to negotiate the legal landscape enforced by these guards. For example, in Cleveland, despite an agreement with the Police Department since 1999 not to "arrest, or threaten to arrest or detain, any individuals, including homeless individuals for performing innocent, harmless, inoffensive acts such as sleeping, eating, lying, or sitting in or on public property," homeless people are still being harassed by security guards, who are, typically, off -duty police. These individuals are known to keep their CPD uniforms on, while working as security guards for private businesses. This is especially a problem in the urban core where finding access to transportation, food, and a place where one can rest without being harassed becomes a difficult task. These security guards, who patrol private buildings in their uniforms, have been engaged in harassment against homeless individuals that they encounter on public sidewalks and around the private businesses they are to guard. Phoenix, Arizona, has combined police and security outreach into one unit. The security guards, especially since the events of 2001, play a greater role in both numbers and visibility in most American cities. Despite efforts to focus funding and attention on those who live on the streets, the number of homeless people has increased in most American cities. The security guards are employed to secure buildings and businesses, but they often become much more. Security guards provide the illusion of security to a fearful population. They are used to assure cash registers do not stop ringing because of a perceived unsafe environment. Security guards are highly visible, and many buildings pay a premium for the guards to look like law enforcement officers. Unfortunately, they have a much different mandate that is essentially a profit motive, with little responsibility to serve the public good, as well as less accountability than on -duty officers. Although security guards may be highly trained and respectful law enforcement officers during the day, they are paid to keep a certain appearance within a building. Homeless people are viewed as a threat to public safety. Media distortions, fear of the unknown, and misguided information often turn homeless people into the scapegoats for problems downtown. People who choose not to access the shelters, when shelters exist, are blamed for high crime rates, the flight of wealthy pedestrians and residents from the city, and the closing of businesses. Security guards are often told in no uncertain terms to move homeless people out of sight at all costs. They ignore the freedom to ask for money or the freedom to be left alone. V. Model Programs Cities have turned to the criminal justice system for housing, treatment, and even as a means of "disappearing" homeless people. This trend can only be reversed through the organizing of homeless people and concerned advocates to hold policy makers and business owners accountable for their actions and policies. Minneapolis, Philadelphia and Ft. Lauderdale are all spotlighted in this report for their positive steps towards ending the criminalization of people experiencing homelessness. (A) Minneapolis, Minnesota The Public Safety and Regulatory Services Committee of the Minneapolis City Council ordered the Community Advisory Board on Homelessness (CABH) to address building code issues and homelessness. The result was the creation of a Decriminalization Task Force to "review all laws, policies, and practices that have the effect of criminalizing homelessness, and reporting back to the City and County with recommendations." The Task Force sets the foundation for an increase in social services and assistance as a pathway to ending the criminalization of homelessness in Minneapolis. The following recommendations have been presented to the City Council for discussion and approval. 1) Ordinance changes. These include the repealing of an anti- camping ordinance and the rewording of other ordinances such as trespassing, panhandling, loitering, shelter restrictions, interference with traffic, and public urination. 2) Police Protocols. Training police to link homeless people to services will meet the needs of homeless people while insuring the protection of their civil rights. Changes include the requirement of a complaint before police presence, a notice to campers before eviction, referrals to providers, and improvements in the handling of property belonging to those experiencing homelessness. 3) Vagrancy Charges. Vagrancy laws are remnants of a previous era of law enforcement. Minnesota's vagrancy statute should be repealed. 4) Public Testimony. Time should be allotted whereby public testimony is scheduled to allow advocates and people who have or are currently experiencing homelessness to come forward and speak to the City Council and Mayor on the issues stated above. These four items are part of a serious effort to address some of the immediate issues homeless people 'encounter on a daily basis. At the same time, CABH began dialogue between the City Attorney's office, the Police Department, and the Civil Rights Department to deal with long -term issues and create constructive alternatives to the criminalization of homelessness. The Decriminalization Task Force will also conduct ongoing discussions to address the following: 1) City Attorney Policies and Programs. Geographic restrictions resulting in banishment in certain areas should be halted and a less punitive approach should be taken towards people experiencing homelessness. 2) Civilian Review Authority. In its role as a police watchdog body, the Civilian Review Authority should work with homeless providers to make it easier for people experiencing homelessness to report police misconduct. 3) Police Protocols. Mental health workers should respond to calls involving those experiencing mental illness while 911 dispatchers should review procedures to see if more calls can be directed to mental health workers. 4) Police Training and Instructions. All officers should be instructed to treat every resident, even those experiencing homelessness, with respect. In addition, officers should undergo training on services that are available to people experiencing homelessness. Officers would also be issued resource cards to guide people to appropriate services. 5) Police Positions /Services. A police officer should be assigned to help homeless people who are perpetrators or victims of crime and a mental health specialist position should be created to provide training and services. The action taken by CABH is a model proposal that all cities should take to address and solve the criminalization of homelessness in cities across the nation. (B) Philadelphia, Pennsylvania In contrast to many other cities across the nation, the City of Philadelphia has reportedly found ways to reduce the number of homeless people in the city without infringing on the civil rights of people experiencing homelessness. Instead of pushing the problem around the city, marginalizing people, or busing individuals to jail or out of town, the city requires police officers to contact a social worker who will respond within 20 minutes. For instance, homeless people sleeping outside are referred to local shelter and transitional housing services rather than being fined or arrested for camping or trespassing. Through a combination of permanent housing, counseling services, dedicated workers, and multiple 24 -hour shelters, Philadelphia has found a way to help the chronically homeless people of the city. Responsibility for this progress is credited to Sister Mary Scullion, a nun who lives and works with the people she dedicates her life to Help. Her constant pestering of local officials resulting in the building of hundreds of housing units dedicated to help those with special needs. While reports indicate Philadelphia has indeed removed nearly 75 percent of its chronically homeless population from the streets, what this report intends to highlight is the City's method. Although Philadelphia may have criminalized homeless people in the past, the City has decided to solve the problem by providing homes instead of jail. (C) Fort Lauderdale, Florida An outreach program in cooperation with the police department and local services is comprised of one formerly homeless individual and one police officer. After publicizing the pick -up point through street contacts and service providers, the pair goes out each afternoon, where they assess individuals one by one. Some individuals are sent to a shelter for the night, some are given bus tickets to reunite with family, and others are enrolled in long -term programs. By helping individuals get off the streets and into shelters, the impact of criminalization has been significantly decreased. Other police officers in the community are also taking individuals to shelters rather than jail. Police are currently conducting their own trainings, and educating officers about homelessness. VI. Conclusions and Recommendations (A) Education and Communication Monitoring and documenting arrests, citations, fines and harassment of homeless people allow advocates to present evidence of violations of civil rights, costs of incarceration to the public, and loss of opportunities for employment and housing for homeless people. After being told by police officers, government officials, and business owners that they are public nuisances, homeless people can only recognize their personal and collective power when they see the impact of their efforts as a part of a national movement. Thus, the participation of people experiencing homelessness in national and local struggles is vital. In addition, local groups who have been tirelessly fighting the effects of criminalization must communicate their struggles and victories with other groups, so all organizations can share information with each other and with the public. Public information campaigns must be geared toward: 1) alerting homeless and poor people that a new civil rights movement is building along with informing them of new and subtle dangers that currently exist, 2) alerting service providers to the serious effects of these laws, especially before the process of drafting law is in motion, and 3) alerting the general public that rights lost to any segment of our society are rights lost to all members of our society. (B) Organizing for Change Those most affected by injustice must play a leading role in local monitoring projects and collection of data, as well as collection of anecdotal evidence of activities to challenge local abuses. Organizing homeless people to take action begins with extensive outreach, in which the input gathered directly from homeless people drives the working agenda. This outreach has four main purposes: 1) to provide information to poor and homeless people about their rights; 2) to record civil rights abuses, including police interaction with homeless people, through written and video documentation; 3) to provide information about opportunities for participation in the work force to affect change; and 4) to gather ideas, insights and opinions about solutions to poverty and homelessness. Combining outreach, advocacy, direct action, and litigation with policy and program design produces permanent solutions to poverty and homelessness. (C) Legal remedies Homeless people and advocacy groups continue using the legal system to fight unconstitutional ordinances that criminalize life - sustaining activities performed, necessarily, in public. It is important to compile and share documentation of legal victories to strengthen our efforts. The national maintenance of a database of ordinances and a cataloging of experiences is necessary for sharing efforts and resources. Broadening the campaign to request the U.S. Department of Justice investigate patterns and practices of the civil rights violations of people experiencing homelessness, and including homelessness as a protected class or status when monitoring violence, are imperative. (D) Security Guards 1. Cities should make it illegal for their police officers to wear official police uniforms while they are not on duty. 2. All security guards should be licensed by the local municipality with added scrutiny to those carrying a firearm,. Homeless people should be easily able to file a complaint with the municipal government concerning the actions of guards. A guard or official system should be required to address these complaints in order to renew the license. 3. All security guards should wear identifying information including their city issued license number. 4. All complaints delivered to the City should be forwarded to the management or the entity hiring that guard. 5. Security guards in places that come into frequent contact with homeless people should be required to receive awareness training, as well training on the laws that apply to homeless people. Crisis intervention 'training for dealing nonviolently with mental illness conflicts is also recommended. (E) Policy Remedies 1. Support the Bringing America Home Act, H.R. 2897 -108th Congress, sponsored by U.S. Representatives Julia Carson and John Conyers. This bill includes provisions and funding that will end homelessness through additional housing, universal health coverage, universal livable income, treatment on demand, and civil rights assurances. The Civil Rights Provisions of the Bringing America Home Act include: A. A requirement under the selection criteria for HUD McKinney -Vento that communities receiving homeless assistance dollars must guarantee through formal certification they are not criminalizing homelessness through laws, ordinances or policies. B. A requirement that cities receiving Community Development Block Grants (CDBG) and HOME Investment Partnership Program (HOME) funds shall not pass ordinances that have a disparate impact on homeless people or that punish homeless persons for carrying out life - sustaining activities in public spaces when no alternative public spaces are available; or relating to curfews for adolescents and that result in homeless youths being adjudicated as delinquent. C. A requirement that cities receiving CDBG and HOME funds shall not pass zoning ordinances and/or make zoning decisions have the effect of preventing the siting of facilities designed to serve people in homeless situations or low - income people. 2. All people should be assured access to affordable housing, health care, with treatment on demand, livable income, education and access to public and private accommodations, spaces, and services, regardless of race, ethnicity, national origin, immigration status, age, gender, religion, familial status, sexual orientation or gender identity or expression, health status, socioeconomic status, or housing status. To assure those rights, we recommend acceptance and reiteration of the following values and principles: a. Protected class designation for socioeconomic status; b. The right to register and vote for homeless people; c. Passage of "hate crimes" legislation using protected class status; d. Immediate relief from harassment and arrest in every American city; e. Immediate access to treatment on demand outside the criminal justice system; f. Immediate access to treatment without first being incarcerated; g. Immediate access to housing for all homeless people. A Guide to Regulating Panhandling Page 1 of 6 Part III rl TABLE OF CONTENTS HOME A Guide to Regulatim g Panhandling by Kent S. Sclu idegger Part III - Suggested Ordinance SUGGESTED ORDINANCE In the preceding parts of this booklet, we have discussed the reasons for regulating panhandling, the legal background, and the outcomes of some specific cases. For those cities that wish to move forward in this area, this part suggests specific language which has been drafted to avoid the problems of earlier enactments, while still providing the tools to deal with the problem. The first five sections of the suggested ordinance prohibit aggressive panhandling and fraudulent solicitation, without an outright ban on panhandling. A cautious strategy would be to stop at that point. A more aggressive strategy would be to adopt a permit system. Section six suggests language for cities willing to devote the necessary resources for this approach. § 1. Definitions. "Panhandling," for the purpose of this chapter, is any solicitation made in person requesting an immediate donation of money. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this chapter. Panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person. • CONDAENT: This section defines panhandling but does not prohibit it. For the reasons stated earlier,(? 3 ) the constitutionality of an outright ban is questionable. The definition treats individual beggars and organized charities alike. The Salvation Army and similar solicitations are excluded from the definition by the particularly nonthreatening manner m which they solicit and not by their status as charities. ' § 2. Time of Panhandling. Any person who panhandles after sunset or before sunrise is guilty of a misdemeanor. http: / /www.cjlf grg/publct mT=handhng/PIH.hbn 6/10/2008 A Guide to Regulating Panhandling Page 2 of 6 . COMMENT: Nighttime is inherently more dangerous and more frightening. Panhandling at night is therefore inherently more coercive. ` § 3. Place of Panhandling. Any person who panhandles when the person solicited is in any of the following places is guilty of a misdemeanor: a) At any bus stop or train stop; b) In any public transportation vehicle or facility; c) In any vehicle on the street; or d) On private property, unless the panhandler has permission from the owner or occupant. • COMMENT: It is often said in defense of panhandling that the person solicited can simply say "no" and walk away.(72) There are many instances where he cannot. Users of public transportation are particularly vulnerable. Vehicles stuck in traffic or stopped at lights are also captive audiences. In New York's Central Park, drivers must pay extortion money to aggressive panhandlers who remember which cabs do not give and attack them. This section also enables private property owners to keep panhandlers off their property. There are some state court decisions which equate large shopping centers to public streets for the purpose of political and religious advocacy, 73) but this line of cases has not yet been extended to panhandling. § 4. Manner of Panhandling. Any person who panhandles in any of the following manners is guilty of a misdemeanor: a) By coming within three feet of the person solicited, until that person has indicated that he does wish to make a donation; b) By blocking the path of the person solicited along a sidewalk or street, c) By following a person who walks away from the panhandler, d) By using profane or abusive language, either during the solicitation or following a refusal; e) By Panhandling in a group of two or more persons; or f) By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat. COMMENT: Aggressive panhandling is by far the worst kind. Any person who gives out of fear of the panhandler rather than a genuine desire to donate has, in reality, been robbed. Professor Kelling found that two- thirds of all riders of the New York subway have been intimidated into giving.04) This is a staggering toll of victimization. It explains the great wave of public support for Bernhardt Goetz, the "subway vigilante." This section addresses some of the ways that a panhandler can impose subtle duress without using the http://www-cjlforg/publctnsfflanlmdiing/Plll.htm 6/10/2008 A Guide to Regulating Panhandling Page 3 of 6 kind of overt force or threat which would support a prosecution for robbery. § 5. False or Misleading Solicitation. a)_ Any person who knowingly makes any false or misleading representation in the course of soliciting a donation is guilty of a misdemeanor. False or misleading representations include, but are not limited to, the following: 1) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact; 2) Stating that the donation is needed to meet a need which does not exist;. 3) Stating that the solicitor is from out of town and stranded, when that is not true; 4) Wearing a military uniform or other indication of military service, when the solicitor is neither a present nor former member of the service indicated; 5) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated; 6) Use of any makeup or device to simulate any deformity; or 7) Stating that the solicitor is homeless, when he is not. . COMI IENT: A person who solicits money by misleading representations is attempting the crime of theft by false pretenses. Such conduct is indisputably within the power of the state to prohibit. An ordinance specifically tailored to fraudulent solicitation and listing some of the more common ruses can simplify the task of police and prosecutors. b) Any person who solicits a donation stating that the funds are needed for a specific purpose and then spends the funds received for a different purpose is guilty of a misdemeanor. . COMMENT: This is probably the single most common fraud. This subdivision simplifies prosecution by eliminating the requirement that the panhandler intends to spend the money on something else at the time he receives it c) This section establishes a single offense. Evidence which establishes beyond a reasonable doubt that the defendant violated the section is sufficient for conviction and need not establish which subdivision was violated . COMMENT: A panhandler who solicits money for food and promptly buys drugs instead has violated either subdivision (a)(1), if he had the drug money before soliciting, or (more likely) subdivision (b), if he spent the food money on drugs. This problem is very similar to the annoying old question of whether a thief committed larceny, embezzlement, or theft by false pretenses.(7s) A unified statute is the answer. As long as the defendant is clearly guilty of one, the distinctions between them are immaterial.(76) http://Www.cjlforg/publctasNanlmdling/PIH.htm 1 6/10/2008 A Guide to Regulating Panhandling Page 4 of 6 1 § 6. Permit Requirement. a) No person shall panhandle on five or more days in a single calendar year without a permit issued by the police department. A person who has been issued a permit shall keep it on his person at all times while panhandling and show it to any peace officer upon request. No person whose permit has been revoked shall panhandle for a period of two years following the revocation. Any person who violates this subdivision is guilty of a misdemeanor. b) The police department shall issue the permit, without fee, to any eligible person who presents himself at the central police station, states his true name, presents a photo identification or signs a declaration under penalty of perjury that he has no such identification; and permits himself to be photographed and fingerprinted. c) A person is ineligible for a permit if and only if within the past five years he (1) has been convicted of two or more violations of this chapter, (2) has had a permit revoked pursuant to subdivisions (e) or (f) of this section, or (3) has been convicted of two or more offenses under the law of any jurisdiction which involve aggressive or intimidating behavior while panhandling or false or misleading representations while panhandling. d) If the police department is unable to determine eligibility within 24 hours of the application, the department shall issue, a permit good for 30 days and determine eligibility for a regular permit before the temporary permit expires. The regular permit shall expire three years from the date of issuance. Along with the permit, the police department shall give the applicant a copy of this chapter. e) Any person who makes any false or misleading representation while applying for a permit under this section is guilty of a misdemeanor. Upon conviction of violation of this subdivision, the police department shall revoke any permit issued to the defendant under this section. f) If a permit is issued to a person under this section and that person subsequently commits and is convicted of a violation of any provision of this chapter, the police department shall revoke the permit. •COMMENT: A large portion of the panhandling in many areas is done by a small number of regulars who panhandle as an occupation. Cities routinely require permits to engage in occupations, and the Supreme Court has stated quite expressly that once a speaker "undertakes the collection of funds ... he enters a realm where a reasonable registration or identification requirement may be imposed." (77-) This example limits the permit requirements to the "regulars," defined as panhandling on five different days in a year, for two reasons. First, it reduces the administrative burden on the police, limiting the permit requirement to the group for which it is most needed. Second, it exempts that exceedingly rare beggar whose story about being from out of town and stranded is actually true. Charging a fee for the permit would raise serious constitutional questions.(78) We recommend that no fee be charged. Without a permit requirement, enforcement of the law against aggressive and fraudulent panhandling http://www.cjlforg/publctns/Panhandling/PHI.htm 6/10/2008 A Guide to Regulating Panhandling Page 5 of 6 would be difficult, if not impossible. After convicting a panhandler of a violation, he would be back on the street after a light sentence, doing it again. With a permit system, a conviction of aggressive or fraudulent panhandling leads to ineligibility or revocation of the permit. From that point, the police can arrest that person for panhandling alone. Thus, the difficulty of proof to establish the substantive violation need only be surmounted once or twice per panhandler. The sample ordinance requires two violations to be ineligible for a permit. While the old axiom holds that ignorance of the law is no excuse, it would be unduly harsh to apply that principle here. The fast violation provides fair warning. Once a permit is issued, however, the panhandler is given a copy of the law and has actual notice. (A city should make some provision for illiterates and non - English speakers.) From that point, one violation warrants a revocation. The permitting process consists mainly of identification and a records check. Provisions must be made for people who have no identification. (79) A false statement of identity or of not having identification is a violation and a ground for revocation. The main problem in implementing the permit system is resources. Where a city has already adopted community -based policing and where it has an active and aroused downtown merchant community, identifying the "regulars" should present little problem. There will still, however, be the administrative burden of issuing the permits and prosecuting the violations. If the city is really committed to restoring the people's right to use the streets and transportation facilities without fear of aggressive panhandlers, the permit system offers the best chance of achieving that goal. TO TOP OF PAGE Notes 71. Part I. D., above. [Go Back] 72. See Heffron, note 4, 452 U. S., at 657, n. 1 (Brennan, J., dissenting in part.) [Go Back] 73. Robins v. Pruneyard Shopping Center, 23 Cal. 3d 899, 592 P. 2d 341 (1979), affirmed in Phmeyard Shopping Center v. Robins, 447 U. S. 74 (1980). [Go Back_.] 74. Young, note 25, at 149. [Go Back] 75. See LaFave, note 47, § 8.8(c). [Go Back] 76. See, e.g., People v. Nor Woods, 37 Cal. 2d 584, 586,233 P. 2d 397 (1951). [Go Back] 77. Thomas v. Collins, 323 U. S. 516, 540 (1945). [Go _.Back] http://www.cjlforg/publctns/Panhandling/PIH.htm 6/10/2008 A Guide to Regulating Panhandling Page 6 of 6 78. See Murdock v. Pennsylvania, 319 U. S. 105 (1943); Forsyth County v. Nationalist Movement, 120 L. Ed. 2d 101, 112 S. Ct. 2395 (1992). [Go Back] 79. See Kolender v. Lawson, 461 U. S. 352 (1983). [Go,Back] http://www.cjlforg/publctns/Panhandling/Piniltm 6/10/2008 0 r y x N X LARGE CHEESE P ITEMS & I y Not valid wi i3' °l?1a93; �3 Il�� l m� �lr °ti��v'� had a heart for giving. Empathetic to the point of occasional heartbreak, she always talked of having yard sales so we could give all of the money to people who need- ed it. We were at a stop light on Division early last summer and Faith questioned about the man holding the sign. Someone in the car said most of the people holding those signs were too lazy to find a job. To which Faith responded, `I think stand- ing there holding that sign while people talk about how sad you are, is probably one of the hardest jobs in the world. If they are standing there, they must need something.' Understanding the reasons why people need an outstretched hand should be our only concern. Faith later asked me; TX- �tten b;V lonatbon Bishop ? _ V i fi� Vt s a " a ' } L4 f� 4 !: "Where can people go to get help and where can people who want to help go ?" Her questioning was very persistent and included questions about making a web - site. I had no solid answer except the usual `shelter' type response. 2Hands is now in its sixth month of operation and has been a portal for over three thousand people needing assistance. People have posted their need and have been pulled up by now over 700 people who have had a hand to give. 2Hands now covers 97% of the United States and has moved into Canada, Mexico and Australia. Out of the thousands of transactions that have taken place on 2Hands, we have received only 1 report of someone with ill- intention. People have to fill a out an Assistance Request Form or through the mail and we reviev posting before it is made live on th, Alternatively, people who want tc have to fill out a form that we revie fore releasing the information to thf wanting to help. Each story of someone assisted 1 other on the 2Hands site is a wor piece of humanity in itself. • From the single mbm in need of: formula... people helped. • For the family in need of firewo the winter.... people helped. • For the overweight woman look get her life back by finding a job.. ple helped. •'1he parents of a military man 1( to fly to see him before he left for people helped. • An elderly woman about to ha power turned off... people helped. •'Ihe story of a woman who pos assistance because she was about her house after her abusive husba her with their four children.... helped. The stories go on and on with hosting entire families for Christm 2Hands is growing everyday about 150,000 hits a month. We non -profit and our one and only d to join those who have fallen witl willing to help them up. `'' CUP I _ Hang 1 0 �d N11D71 fJ 'H111UC8ENHEE�3:ARIGa,'yEN11- ispel Tribe of Indians' Camas Center for Community Wellness is open to the public. The center provides many servic- es unavailable elsewhere on the Reserva- tion or neighboring communities. It was built to meet the health and social needs of tribal members and the surrounding communities by providing quality ser- vices to enhance the overall individual. "'Ihe Center has been a dream of the V, Lim Tribe for years. It is an exciting oppor- tunity for the health and wellness of our people, as well as the entire community, now and in the future." says Glen Nen- ema, Chairman of Kalispel Tribe of In- dians Business Council. The Camas Center for Community Wellness will provide a variety of servic- es including a brand new medical cen- ter with four exam rooms, lab services, x -ray, dietician, physical therapist and ( (. )V1JAS t E"W"ER FO 1821 N. Leclerc Road Usk, Washington, 99180 (509) 445 -7122 www.kalispeltribe.com chiropractic care. The center will house a dental clinic with three dental chairs; an early learning center that will serve 85 children and convenient walk -in child care will be available while guests use the clinics or fitness center. the fitness center will have state -of- the -art equipment, a circuit training room, a 33 -foot rock climbing wall and a gymnasium that can seat up to 300 peo- ple for events. The aquatic area boasts a four lane 25 meter lap pool, a water slide, two children's activity pools, a fourteen person hot tub and locker rooms with dry/wet sauna. The teen room holds a computer lab, pool table and a full kitchen cafe that can accommodate up to 200 meals at a time. Additionally there is 3200 square feet of large meeting space that can be divided into three sections for separate events. Camas Path was founded in 2001, as a community resource center providing an array of programs addressing the intel- lectual, emotional, physical, and cultural needs of the individual through educa- tional training, wellness programs, and spirituality to tribal and non - tribal stu- dents and community members. The Camas Center for Community Well- ness will be open to tribal members and the entire community seven days a week, Monday through Friday, 6 a.m. to 8p. m., Saturday 8 a.m. to 8 p.m. and Sunday 9 a.m. to 6 p.m. R,AT am �t IA. y,G� SPARS CHOW MEW HELP REAL CHANGE OCCORS THROUGH SOCIAL SERVICES THAT ATTACK THE IMOT OF THE PROBLEM IF YOU 4AHT TO GIVE CIONGE THAT CAN ACTUALLY WE A WNGE. GIVE TO THE SOCIRZ SERVICES THAT PROVIDE FOOD. CLOTHING. SHELTER_ AND A WAY OFF THE STREETS. VISIT OUR 'AUSITE TO LEARN i VO4J CAN HELP www. {w4i,ageFarFh4 #ttw #fAF- *Aa,org y1 AMMAR PARTFERM ookm W- 779 -M* i SPARE 0 GIVE CHI NN T10 A PANHANDLER AND THEY MAY NOT SPEM THAT MONEY ON FOOD 09 SHELTER. GIVE To Tim SO SERVWE AGEMCIES Of, AMCNIRIAGE AND YOU CAN m" PAT FOR: IWERUNCY SHUTER KOs 26 Pimitims THiLT oFF-im mias swmftl StAylet Ammis 10 ALCOHOL 6 PRUG. 11DI4R FWALMS WAVTAL MULTE Wt#CltS PUT mm CHANGE wmEmE m CAN MAXE ONE. ANGfORAvE DOWWWN 2 l�► ���.R T - ii i , r 19 SpOKANE VALLEY LwJ I if 1. 1, IL to N Tacoma, WA A year ago, the city council in Tacoma, Wash., passed a law that bans panhaj0jj,ng a1 freew4y ramps or in direr at .1 ww intersections, law- any way" hat's officia .say the p&nhandle d isa?eaalmost o ernight. Anchorage, AK "You do have a right to be on a corner, ma sing an expessive stoma emenU but what you donUjave the right to do i!4wgJ.k into the roadway You don't have the right, as a motist, t oe po�.�:e ir,t� way," Sullivan s ► "Then it becomes a safety hazard." - KTU U -TV Report