Planned Panhandle Ban Would Boot Fla. Firefighters
May 20--WEST PALM BEACH -- Palm Beach County has taken the first step toward getting panhandlers off its streets, tentatively passing a tough new ordinance and setting for June 23 a hearing and a second and final vote.
The proposed ban already has a casualty: the annual Labor Day weekend "Fill the Boot" collection by firefighters on street corners for Muscular Dystrophy. Firefighters have been doing it for some three decades and lately have averaged more than $100,000 a year. Most of the money goes to some 500 local families.
"We're just going to have to look for an alternative way to raise money besides street corners," said Tara Cardoso, spokeswoman for the Professional Firefighters and Paramedics of Palm Beach County.
The proposed ordinance covers more than just begging. It would ban anyone from standing in the street while soliciting business or donations, selling things or distributing merchandise. The rule would cover only streets and medians, not road shoulders and sidewalks. Violators could be fined up to $500 and spend up to 60 days in jail.
Bans have met constitutional challenges both locally and nationally. Federal and state courts have protected panhandling as free speech but also have upheld restrictions.
But in a memo to commissioners, County Attorney Denise Nieman said a man was killed by a hit-and-run driver earlier this year as he stood on the median at Okeechobee Boulevard at the entrance to Florida's Turnpike. She said the ban "is in the best interests of the health, safety and welfare of the public" and is "narrowly tailored to serve a significant government interest."
Other municipalities "will go further than this, but I think they do so at their own risk in terms of the constitutionality," Commissioner Steven Abrams said.
Tuesday's commission vote was 7-0.
Priscilla Taylor said she'll ultimately oppose the rule unless the county removes the option of jail.
"That's the problem we have in this country. Everybody gets locked up," she said. "Are we going to lock them up because they're panhandling?"
Marlene Everitt, the senior assistant county attorney, told the commission the ban would start with deputies providing information and education and issuing warnings.
"This will not be a wholesale gathering of people to go to jail," she said.
Abrams suggested Palm Beach County Sheriff Ric Bradshaw come, or send representatives, to the June 23 final vote.
"It's certainly not his (Bradshaw) desire to fill up his jails," Abrams said. "The people who need the help should get the help. But by other means."
County Administrator Bob Weisman reminded commissioners some solicitors are anything but broke, but their actions rather are "aggressive solicitations occurring from well-organized persons." Commissioners also commented about groups raising money for sports tournaments or other school field trips, and others deceptively pretending to do so.
Commissioner Melissa McKinlay asked how the county can fine people who are out on the street specifically because they have no money.
"God only knows that in Palm Beach County we should be a leader in trying to solve this problem," County Mayor Shelley Vana said. "We have a homeless resources center so people with major problems can find a place to live, and now we're working on chronic homelessness."
Gregory G. Glenn, an attorney and advocate for seniors and veterans, told the commission, "Let's stop all of us 'playing in the freeways' and pass this law to protect all parties while still offering an alternative manner in which to express and raise funds away from our busy roadways."
Vice Mayor Mary Lou Berger, who's pushed for the new rule, said she understood the concern about running off firefighters.
The union's Cardoso said firefighters were empathetic and that in fact some of them had at times worried about their safety, although none ever has been hurt.
Berger said she met this week with representatives of the union, including president Rick Grau.
"We knew this was coming," she said Grau told her. She said she told him, "I will pledge to you to help you."
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