Politics of Panhandling Sweeps RI — Providence, Cranston, and Newport

GoLocalProv News Team and Kate Nagle

Politics of Panhandling Sweeps RI — Providence, Cranston, and Newport

Providence Mayor Elorza, opposes the Paolino plan
The battle lines are forming for the new effort to curtail panhandling. 

On one side is Mayor Jorge Elorza, the Ku Klux Klan (KKK) of Missouri, Cranston Mayoral candidate Mike Sepe and the American Civil Liberties Union of Rhode Island.

On the other is former Providence Mayor Joseph Paolino, Cranston Mayor Allan Fung, and Newport City Councilman John Florez.

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At a meeting of the College Hill Neighborhood Association (CHNA) on Monday night, Paolino told the group gathered at the Lippitt House, "The 'P' pin for Providence we wear is pretty soon going to be for panhandling — not Providence. We want a city that’s safe."

"I was in Berkeley, it's whatever you’re seeing here times a ten factor. It can get very bad — it’s important to be on the prevention side of this. I was walking in Kennedy Plaza, and was being followed by rats,” said Josh Eisen, President of CHNA.

For some panhandling is at best a nuisance and at worst a dehumanizing form of begging by the most vulnerable. For others who defend it, it is a way for the poor to earn money and it is a protected expression of free speech. 

Battle lines are forming over a ordinance proposed by Paolino that prohibits money being handed in or out of vehicles.  The ordinance is modeled after legislation based in the city of Desloge, Missouri. In that city the KKK challenged the legislation in federal court, but the statute was ultimately upheld. Elorza has not supported the Paolino ordinance.

Sepe, candidate for Mayor, blocked the Paolino ordinance in Cranston
In Cranston - Mayoral Campaign Football

Democratic candidate for Mayor Sepe recently said, “It is that taxpayers are tired of seeing their money wasted in more legal fees and settlements because of your dumb ideas and lack of leadership.” Sepe fought to kill the ordinance after it was introduced by incumbent Mayor Fung.

A furious Fung responded to Sepe on Facebook, “I am disappointed that the (City Council) committee apparently gave in to political pressure from their party boss, Mike Sepe, and prevented the ordinance from receiving consideration from the full council,” said Fung. “I believe the ordinance is the right approach and we need to push forward before someone is seriously injured or killed.”

“I’ve said over and over that the intention is not to target panhandlers,” said Fung. “This is to address legitimate concerns about public safety and is intended to protect motorists, pedestrians, cheerleaders, firefighters and panhandlers."

As GoLocal previously reported about the effort by the KKK to stop the public safety ordinance:

The proposed Paolino ordinance, which would prohibit exchanges between persons in the street and those in vehicles, was modeled on one that had been challenged by the Ku Klux Klan in Missouri -- which a federal district court ultimately upheld, GoLocalProv.com learned.

“In late February, a federal district court upheld the City of Desloge, Missouri’s prohibition on persons entering into the public right-of-way for the purpose distributing anything to the occupant of a vehicle….this decision is the latest in a case that was originally filed by the Ku Klux Klan against the City of Desloge in 2012 challenging the city’s ordinances regarding distribution of leaflets and pamphlets in public right-of-ways,” wrote Brian Connolly for the “Rocky Mountain Sign Law Blog.”

“The Ku Klux Klan filed the suit claiming the group's rights were infringed upon when handing out literature to people in the streets of Desloge at a four-way intersection in 2013. Desloge ordinance prohibits pedestrians from entering the roadway for solicitation purposes or distribution of flyers to help keep pedestrians and motorists safe.” 

While Desloge, Missouri saw a legal battle to uphold the ordinance, Charleston, South Carolina passed a similar ban last year, and according to legal counsel, has seen no legal challenges. 

“We were having [instances] where people were having accidents in a couple of a locations -- cars not going at green lights, rear ended, that type of thing,” Janie Borden, who serves as legal counsel for Charleston, told GoLocal on Thursday. “So we went ahead and passed that ordinance.”

Newport is the Next Battleground

Last week in Newport, City Councilman John Florez has introduced the model legislation.

Florez said that the language of the Ordinance is “content neutral,” applying to those soliciting for charities and organizations, such as Little Leaguers and firefighters, as well as to panhandlers, drug dealers and prostitutes and others who may be soliciting in roadways.
     
“It’s a distraction for a motorist behind the wheel to be approached by someone soliciting for money or services, and it isn’t safe for anyone to be standing on a median strip or stepping off a sidewalk to approach motorists,” Florez stated.  “This is a common sense and practical solution to practices that compromise the public safety of our city’s residents and visitors alike.”

What is next?

It appears that the effort to curb on street solicitation by panhandlers, girl scouts and other individuals and groups will see the battle fought town by town.

"I’m disappointed in how the city looks. Kennedy Plaza, Thayer Street, North Main Street. If the City Council passes it — and the Mayor vetoes [it] —my suggestion is to override it," said Paolino.

"We had some pretty good sessions working with the social service agencies. The one difference [Elorza and I had] was enforcement," added Paolino. "I’m sorry, we need enforcement. We need more cops. That only happened after a Mayor’s staff got assaulted. The City Council and Mayor have to get a handle on the smoking."

In one exchange during the College Hill meeting, the discussion focused on enforcement:

Sam Bell, a member of the CHNA board and the head of the Progressive Democrats in RI, said,"The panhandler isn’t doing anything wrong.”

Paolino responded, "They are, they’re in the street.  Word will get out that Providence has passed the ordinance. It will diminish greatly without the police doing anything."

And Eisen weighed in, "We heard from police they no longer have tools to move anyone along. This is an attempt to move people along."


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