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For nearly the entire six-year life of the city of Spokane Valley, officials have tried to deal with a situation that often involves scrawled, handwritten cardboard signs.
But a document over 200 years old once again has proven its tenacity when it comes to the issue of panhandling.
On Tuesday night, Cary Driskell, deputy city attorney, advised the City Council not to move forward with any more restrictions that would restrict begging for cash in Spokane Valley. Instead, he recommended the city enforce existing laws that prohibit the obstruction of traffic and “aggressive panhandling” as well as move forward with an educational campaign that would advise citizens not to give money to solicitors.
“There are constitutional issues involved,” Driskell said. “My recommendation is to not move forward with the proposed solicitation code.”
Driskell drafted a proposed ordinance that would restrict panhandling to outside of 15 feet of automated teller machines, entrances of buildings, gas pumps, and bus stops or parked vehicles. That proposed law was sent to the Spokane Center of Justice – a Spokane organization comprised of lawyers and legal staff that review for conflicts with the U.S. Constitution – last month. It didn’t take long for the group to opine that the law could restrict freedom of speech, even though the law is closely modeled after one adopted by the city of Spokane in 2008.
Driskell said there is not necessarily any more “danger” to the public by panhandlers at, say, an ATM or gas station – therefore, such locations cannot be singled out by the law.
“It can’t be theoretical,” Driskell said. “It has to be grounded in reality.”
The 9th Circuit Court of Appeals recently ruled on a case in Seattle case that basically stated that solicitation from a “captive audience” that may not want to give money but “cannot easily walk away, otherwise disengage or avert their eyes” does not meet to the level of “compelling governmental interest.” It was that case, “Berger vs. the City of Seattle”, that the Center of Justice based its opinion.
Driskell added the Center of Justice has not challenged Spokane’s law. However, he said, “my advice is (not moving forward with an ordinance) is the safest course you can take at this point.” He added that the legal environment is always changing, and that something more restrictive could be developed latter.
Mayor Richard Munson – who said he has had confrontations with panhandlers before – said he was disappointed there isn’t more that the city can do now.
“It’s a difficult problem, and an unpleasant problem,” he said. “I’m at a loss where we go from here.”
Ian Robertson – who was appointed to the City Council last week and has worked on a city committee to address the issue – said developing an education program with other jurisdictions is “a good start.” Such a program would demonstrate that donating to homeless shelters, food banks, drug and alcohol rehabilitation centers, and mental health facilities are almost always better than giving a hand out to someone who will more than likely just spend the money on drugs or alcohol.
“Let’s not use an AK-47 when we could use a flyswatter at this point,” he said.
Munson agreed, but said the city should begin soon.
“We need to get off the dime and get started,” he said.
In other news,
City Manager David Mercier gave the council an overview of the projected 2010 budget of just under $102 million. While revenue projections are down from last year, between $3.5 million and $5 million, Mercier said the city’s budget is balanced and there will be no significant cuts in service.
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By
Mike Huffman
