Showdown: Cranston Panhandling Ordinance Challenged by Demonstrators

GoLocalProv News Team and Kate Nagle

Showdown: Cranston Panhandling Ordinance Challenged by Demonstrators

Demonstrators in Cranston on Monday. Photos: La-Brina Almeida
Homeless advocates challenged Cranston’s new road safety ordinance on Monday — which opponents say targets panhandlers — at the corner of Sockanosset Cross Road and New London Avenue. 

The result? 15 violations being issued by Cranston police, at $85 a piece, according to spokesperson Karen Jeffreys, who noted that demonstrators were from community organizations, including the Rhode Island Homeless Advocacy Project.

“When we first got there, there were no police,” said Jeffreys. “So we broke out. Some of us were on medians, some on sidewalks.  From 4 to 5 [p.m], there was no police presence. Traffic wasn't being slowed down. It was when the police arrived that they blocked the highway. I think they were having more of an impact of road safety!”

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Jeffreys noted that there were roughly 6 cruisers and over dozen law enforcement officials that turned out in response. 

“In total, there were fifteen citations,” said Jeffreys. “Seven were for the Cranston panhandling ordinance, the others were state statutes for pedestrians in highways, those are with the Rhode Island traffic tribunal. It was a test, and now we have a court date.”

“We did this to challenge [the ordinance] and we believe what the city has done is unconstitutional,” said Jeffreys. “Now we'll see them in court, and we feel pretty strongly that it’s unconstitutional.”

Fung Response

“At some point I knew this was coming, with opponents looking to use this as a basis for a lawsuit,” said Cranston Mayor Allan Fung, in an interview with GoLocal Monday night.  “I stand by the road safety ordinance. It’s about public safety for individuals on our busy roadways. For me, today, I am confident that the Cranston Police did an excellent job to enforce the law on our roadways.”

GoLocal reported on the passage of the ordinance in February:

The effort to control panhandling and other activities relating to passing items in and out of cars along roadsides passed in Cranston Wednesday night by a 5 to 4 margin along party lines.

Fung originally proposed a “road safety ordinance” in October, modeled after a proposal put forth by former Providence Mayor Joseph Paolino that was upheld by the courts in another state, but in the midst of a re-election campaign Democrats on the Council defeated the effort.

“I wasn't there today, but my understanding is there were some people holding signs in protest, and some trying to get a violation under our ordinances,” said Fung. ‘The police chief and our officers were properly prepared. We've responded to protests before."

“The bottom line for me, is that the ordinance that we put together was so that no one gets hurt, or into an accident, on our roads by being out there,” said Fung.  “We listened to the concerns that the ACLU had expressed. We restricted it to certain intersections, so it wasn't as broad as it was originally put in place, to specify high traffic intersections that could be dangerous to pedestrians and drivers.”

Fung said he couldn’t offer what to expect from the impending court dates. 

“I can't speak to the Traffic Tribunal on state violations, or our local municipal courts on local violations -- or if the ACLU decides to challenge the legal perspective,” said Fung. “To me, it's a valid law that's narrowly tailored and I think it will stand up to constitutional scrutiny.”

“Today showed we enforce it across the board,” said Fung. “There were challenges it was going to be applied only to the homeless  -- we treated everyone the same.”


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