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Letter to the editor

No more handouts

St. Petersburg broadens a ban on panhandling.

By CRISTINA SILVA, Times Staff Writer
Published January 13, 2008

ST. PETERSBURG - At best, it is a polite request for spare change. At its worst, it is a gruff demand accompanied by an unspoken threat.

Either way, city officials agree: Panhandling is no longer welcome downtown.

City officials approved a new no-begging zone Thursday that outlaws panhandling near downtown's more popular destinations, including the Pier, the Florida Holocaust Museum, Straub Park, the Renaissance Vinoy Resort & Golf Club and Williams Park.

"One of the pillars of our economy is tourism, and panhandling presents a real problem," said council chairman Jamie Bennett. "People are just tired of it. It's offensive. People don't like to be approached like that. They want to choose who they can give to."

Enforcing the ordinance might prove difficult, city officials acknowledged. Police officers can issue a citation or make an arrest only if they themselves see the panhandling occur.

During the council meeting, Mayor Rick Baker encouraged residents and business owners to actively pursue violators.

"Call the police right away to get them to come," he said.

Previously, city statutes prohibited panhandling at night throughout the city and at all times at spots like bus stops and automated teller machines. The area around BayWalk was also a beggar-free zone, but the new measure is more inclusive, city officials said.

Business owners and residents applauded the ordinance last week, and even called for the city to extend the zone's borders to include all of downtown and other popular neighborhoods.

"Everyone is hassled," said Michael Johnson, a member of the downtown neighborhood association and owner of the Curves gym on Second Avenue S. "People can't get out of their cars, they can't walk down the street without being panhandled."

Panhandlers seem to have grown bolder in recent years, Johnson said.

"They are aggressive," he said. "I had one woman who came to the gym in tears from what they said to her. They curse at you if you don't give them money."

Some residents wonder if the ordinance will push panhandlers from downtown to other neighborhoods.

"We got some great areas that are up and coming and I am worried about stifling them," said Daniel O'Brien, a downtown resident.

Panhandling in general is protected by the First Amendment, but judicial precedent allows for certain restrictions.

"It's a balancing act," said city attorney John Wolfe.

The ordinance is "narrowly drawn to effect the purpose of maintaining the city of St. Petersburg as a tourist destination," he said. "And it has to be narrowly drawn under the Constitution."

Legal debates over the constitutionality of partial panhandling bans have broken out in recent years in Memphis, Tenn.; Fort Lauderdale; Indianapolis; Orlando; Albany, N.Y.; and others. Those communities were able to uphold their ordinances.

But a citywide ban on panhandling is unheard of. St. Petersburg should know.

The city tried to pass a similar measure more than 30 years ago. The courts deemed it unconstitutional.

Where is panhandling outlawed?

Anywhere in the city at night and at any time at certain locations, such as bus stops. Also, throughout most of downtown any time.

How will the ordinance be enforced?

City officials advise calling the police immediately upon witnessing panhandling.

Why doesn't the city ban panhandling across St. Petersburg?

The courts allow some restrictions on panhandling, but citywide bans are considered unconstitutional.

[Last modified January 12, 2008, 22:00:38]