 "Photo: Yelena Kisler")
The city of Arcata is considering an ordinance against aggressive panhandling. City Councilman Alex Stillman explained this ordinance would hopefully cover the entire city, even areas that aren’t being affected at this time.
Aggressive panhandling is considered behavior that is disruptive, violent, threatening, blocks sidewalks or interferes with business.
Stillman said the city receives complaints from community members and visitors who have felt harassed, offended or upset by homeless people. “I had someone say that when she visited Arcata recently she stayed away from the north side of the Plaza,” he said. “It made her feel uncomfortable and did not look like apleasant place to walk. I get such comments often from locals of Arcata or other cities in the county.”
City Counselman Shane Brinton admits aggressive panhandling is a problem, but said there are already laws in place to prevent threatening and disruptive behavior. “It is illegal to block sidewalks, threaten people, attack people, and interfere with business,” he said.
“We need to enforce these laws rather than create a new law to single out panhandlers.”
Brinton said panhandling is protected by the First Amendment under freedom of speech.
“Why should a particular type of speech be prohibited at ATMs, banks, restaurants, schools, or in parking lots or after dark?” he asked. “What makes panhandling fundamentally different from political advocacy, religious proselytizing, or some other type of protected speech?”
He suggests training in citizens arrest or another form of community empowerment to fight crime instead of creating a discriminating ordinance.
The ordinance is only a discussion topic and is not on the agenda yet. Stillman said both
Ukiah and Berkeley have ordinances in place. “We are watching what is happening in other cities and how they wrote the ordinances so as not to violate the First Amendment,” he said.
Falstaff Du’Mara, an Arcata resident for more than a year, said he believes something needs to be done about the issue. He said that there’s a line. “Begging isn’t crossing any lines, but sometimes people don’t take no for an answer and become violent.”
He agrees it can be annoying, but it is within the right to free speech. Du’Mara said enacting an ordinance is going too far. “Both the community members and homeless people need to feel comfortable,” he said. “An ordinance might help, but it would be oppressive.”
There are already laws in place that discourage panhandling such as SEC. 4560, sitting or lying on public sidewalks, or SEC. 4170, prohibiting alcohol consumption in public.
Brent Halvarstat, a local panhandler in Arcata for three years, is angry about the possibility of an ordinance like this passing.
“An anti-panhandling law would be a clear violation of our first amendment rights.” He said that would prevent many people from asking, therefore getting what they need to survive.
Halvarstat said that when he was first on the street four years ago he quickly came to the conclusion that nobody was going to help him. He said he didn’t eat and hardly drank for 20 days before somebody told him that he just needed to ask.
“I made a sign and within ten minutes somebody handed me money for a meal.” For some people their only chance at survival is to panhandle and this kind of ordinance would take away their rights to ask.”
5 comments
I guess property owners in the area are fearful the homeless will drive away business.
I feel the property owners will take away the spirit of love and acceptance that makes Arcata the special place it is.Don't you guys know what you have? Why make Arcata a place like every other American city. They hide thier homeless, and arrest people for trying to feed them.Please love thy neighbor. Whoever voted yes on the public sleeping law should move to a more oppressive city.I met nice homeless people in Arcata. I think Arcata government is trying really hard to ruin the wonderful hippie feel of the town.
In the end what does Arcata have but the hippie culture.
Use it to your advantage.
In these times more and more people are homeless. I was never harassed in all my time there. One super fearful person will ruin an entire town.
I can't believe someone would not walk on the north side of the plaza.
Either it is lies or just fear, either way it is evil.That lady should look at her heart and see the evil she is doing.Lenny from Texas