New regulations proposed on downtown panhandling

The Downtown Austin Alliance (DAA), along with several residential groups and downtown churches are proposing an extension of the existing ban on night time panhandling. Austin's current ordinance that regulates panhandling, the Austin City Solicitation Ordinance 9-4-13 originally adopted in 1992, allows non-aggressive panhandling, but includes restrictions on the time, place and manner in which solicitation may legally occur. In December 2005, the Austin City Council amended the Solicitation Ordinance to make panhandling illegal between the hours of 7 p.m. to 7 a.m. in the downtown business district, basically banning the activity at night. The area where the DAA is asking for a full ban on panhandling would cover from the IH-35 frontage road to San Antonio Street, and 11th to Cesar Chavez.

The affect panhandling could have on downtown businesses is another reason the DAA is proposing the ban. "We looked at things like does 6th Street live up to its international brand. What could be done to help improve the safety of the down town area, to make it more attractive to visitors and conventioneers? One of the ways to improve this is to reduce panhandling," said Lacy Laborde, Marketing and Communications Director for the DAA. "The human services groups all say the same thing, that if people who are homeless want food or shelter, it is available. Often times panhandling is not because of desire for food, but because of addiction problems with alcohol and drugs. One of the things we will be working on is educating the public on what local social service and charity groups to donate money to or volunteer with to help people that are actually seeking help." Front Steps, which manages the Austin Resource Center for the Homeless (ARCH), is supportive of the ban because panhandling doesn't actually serve the best interest of those asking for money on the street. However, general public reaction is mixed. Many feel that if panhandling is banned it may lead to even worse actions. "If panhandling is banned it could easily lead to other things, like theft, and robbery," said Gary Smeltzer, English Professor at ACC's Northridge Campus. "If they aren't hurting anyone, then the city should leave them alone, and it should be an individual's choice to give to them, not the city saying they can't even ask." The Texas ACLU has not said if they would fight such a ban in the courts, however, they have stated opposition to such an ordinance. "Someone asking for money, or assistance, regardless of how they are dressed, or where they do it is protected as free speech. If they are aggressive about it, that can be another matter, but otherwise, if someone is asking for change to go and get something, say a cup of coffee, they have a right to do that, no matter where they are," said Dotty Griffith, public Education Director for ACLU of Texas. Many other cities have placed bans like the current proposal into effect. The Austin city council has seemed to be receptive to the idea of extending the current ban. "They came as a conversation, not with a hard copy proposal. We meet with groups all day, every day, to talk about ideas for the future, but until we have something like that in writing with cost and how it will make an impact on the city, it is very had to form an opinion," stated Matt Curtis, communications director for Mayor Leffingwell. "The panhandling issue downtown is something that causes concern because of aggressive panhandling." The DAA says that they and other groups will be in continued pursuit of this initiative.