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City targets aggressive panhandling
New ordinance would prohibit ‘active type of soliciting’ in many areas
By LESTER R. DAILEY
Article published on Wednesday, May 7, 2008 |
CLEARWATER – Two months ago, the City Council asked Assistant City Attorney Rob Surette to draft a proposed ordinance that would prevent tourists from being hassled by aggressive beggars, without unconstitutionally infringing on the rights of the panhandlers.
At the May 1 council meeting, Surette laid out his plan.
Noting that the city has spent millions of dollars improving Clearwater Beach and the downtown core, Surette stated that it has a legitimate governmental interest in protecting the economic viability of those areas. He proposed a ban on aggressive panhandling in the western half of Clearwater Beach south of Avalon Street. Downtown, the ban will apply to an area bounded on the north by Drew Street, on the south by Pierce Street, on the east by Myrtle Avenue and on the west by Clearwater Harbor, although Coachman Park will be exempted.
“The ordinance is only directed at the more active type of soliciting,” Surette explained, and passive soliciting, such as playing music for tips, would be permitted. But Monte Morton, a homeless advocate from Safety Harbor, felt that even that relatively mild ordinance would put the city on a “slippery slope” toward further regulation.
“Criminalizing homelessness does not do anything to solve the problem,” Morton said.
He added that Florida leads the nation in crimes against the homeless, and many of the perpetrators are “everyday teenagers,” not hardened criminals.
“We are working very hard to solve the (homeless) problem in a sensitive manner,” Council member Carlen Petersen replied.
“We don’t want anyone striking out against the homeless,” Mayor Frank Hibbard said. “But we need to balance the rights of the homeless with the rights of those who are not homeless.”
The proposed ordinance unanimously passed on its first reading. If it passes on its second reading, as expected, it will become law. But Hibbard warned people that it will not magically solve the problem of panhandling.
“I want people to have realistic expectations,” Hibbard said. “This is a tool in our toolbox, but it is not the be all and end all.”
He predicted that many of the homeless people who are given citations for aggressive panhandling will ignore them and not appear in court.
“This (ordinance) is directed at people who have very little to lose,” Hibbard said.
In an unrelated matter at the same meeting, Gerri Campos-Lopez, the city’s director of economic development and housing, got an unpleasant surprise when she proposed a three-day, $22,000 bash in July to celebrate the opening of Beachwalk, the multimillion-dollar makeover of South Gulfview Boulevard on Clearwater Beach.
“I can count on one hand the times I’ve been disappointed with staff, but this is one of them,” Mayor Hibbard said.
He added that city staffers had “dropped the ball” by not holding the celebration in April, when the road actually opened to traffic, the weather was cooler and the media were on hand.
It wasn’t the timing of the event, but its cost, that bothered Council member Paul Gibson.
“I don’t think this big ceremony is necessary,” Gibson said. “This is typically what we do; we spend a lot of money on things we don’t have to. We don’t need to spend $22,000; we could do it for $3,000.”
But the extravaganza Campos-Lopez proposed included a flyover of Coast Guard aircraft, a “busker” (street entertainer) demonstration and a 5K run on Friday, July 18. On Saturday, there would be a Coast Guard demonstration, activities at Pier 60, music, fireworks and more buskers. Beach restaurants would have specials all weekend. There was no way it could be done for $3,000.
“I still think we should have a celebration,” Council member Petersen said. “It’s a monumental project we’ve completed and we should celebrate it.”
“The beach has been given back to the people,” added Council member John Doran, who also favors a big celebration. “We took it away from the cars and gave it back to the people.”
In the end, no action was taken. Campos-Lopez said she would meet with the committee that proposed the celebration and see if some acceptable compromise can be worked out. One possibility she mentioned was having the city pick up the $4,500 tab for the fireworks and finding sponsors to fund the other events.
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Article published on Wednesday, May 7, 2008
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