South Florida city considers anti-panhandling law
06-17-2010, 07:25 AM
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South Florida city considers anti-panhandling law
Do you give money to panhandlers? I hate it when they're in the streets at intersections asking for money. I never give them any because I know they'll just spend it on booze or drugs.
QUOTE
South Florida Sun-Sentinel
Will Oakland Park stamp out panhandling?
OAKLAND PARK — If you give money to a homeless beggar in Oakland Park, you may risk jail time.
The city could become the first in Broward to target not only street panhandlers and peddlers, but the people who give and pay them money, if an ordinance gets final approval Wednesday night.
The reason for the law is that the city "has experienced a large number of solicitors and peddlers attempting to sell items as common as newspapers, to food items…. Drivers routinely find themselves distracted while negotiating the roadway," the ordinance states.
If the new law passes, anyone in a car on an Oakland Park street who responds to a beggar with money or any "article of value," or buys flowers or a newspaper, will face a fine or up to 90 days in jail.
Critics of the proposal say it violates free speech rights and unfairly targets the homeless. Advocates say it keeps people out of the roadway, which means less chance of an accident.
"I'm livid about this," said Vice Mayor Suzanne Boisvenue. "How do people [in a car] know driving that they are entering Oakland Park and they could go to jail for trying to help someone? For me, it's wrong not to be able to help someone."
The ordinance prohibits "beggars, panhandlers or solicitors" from selling any item on a public street because it "distracts drivers from their primary duty to watch traffic and potential hazards in the road." A judge would determine the monetary penalty, generally in the range of $50 to $100.
Those who give are covered as well, because the rules state "an operator of a vehicle is prohibited from stopping his or her vehicle that is in traffic on a public street to exchange money or other things of value."
The ordinance exempts registered nonprofit groups. The solicitation ordinance is modeled after one in Gainesville. City Attorney Donald J. Doody said the ordinance there was challenged and defended. A similar one also recently passed in St. Petersburg and is now being challenged in federal court.
Will Oakland Park stamp out panhandling?
OAKLAND PARK — If you give money to a homeless beggar in Oakland Park, you may risk jail time.
The city could become the first in Broward to target not only street panhandlers and peddlers, but the people who give and pay them money, if an ordinance gets final approval Wednesday night.
The reason for the law is that the city "has experienced a large number of solicitors and peddlers attempting to sell items as common as newspapers, to food items…. Drivers routinely find themselves distracted while negotiating the roadway," the ordinance states.
If the new law passes, anyone in a car on an Oakland Park street who responds to a beggar with money or any "article of value," or buys flowers or a newspaper, will face a fine or up to 90 days in jail.
Critics of the proposal say it violates free speech rights and unfairly targets the homeless. Advocates say it keeps people out of the roadway, which means less chance of an accident.
"I'm livid about this," said Vice Mayor Suzanne Boisvenue. "How do people [in a car] know driving that they are entering Oakland Park and they could go to jail for trying to help someone? For me, it's wrong not to be able to help someone."
The ordinance prohibits "beggars, panhandlers or solicitors" from selling any item on a public street because it "distracts drivers from their primary duty to watch traffic and potential hazards in the road." A judge would determine the monetary penalty, generally in the range of $50 to $100.
Those who give are covered as well, because the rules state "an operator of a vehicle is prohibited from stopping his or her vehicle that is in traffic on a public street to exchange money or other things of value."
The ordinance exempts registered nonprofit groups. The solicitation ordinance is modeled after one in Gainesville. City Attorney Donald J. Doody said the ordinance there was challenged and defended. A similar one also recently passed in St. Petersburg and is now being challenged in federal court.
06-17-2010, 09:37 AM
#2
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If the law is worded exactly like this...
[quote]"an operator of a vehicle is prohibited from stopping his or her vehicle that is in traffic on a public street to exchange money or other things of value."[/qutoe]
I'd give someone a buck at a red light just for the opportunity to fight it. The law says you can't stop "to exchange". If I'm stopped at a red light, I stopped for the light, not "to exchange". The fact that an exchange took place doesn't matter then.
[quote]"an operator of a vehicle is prohibited from stopping his or her vehicle that is in traffic on a public street to exchange money or other things of value."[/qutoe]
I'd give someone a buck at a red light just for the opportunity to fight it. The law says you can't stop "to exchange". If I'm stopped at a red light, I stopped for the light, not "to exchange". The fact that an exchange took place doesn't matter then.