Beggars Can’t Be Combative if Law Passes

If you beg in this city, be polite.

The City Council has tentatively approved an ordinance that prohibits rude and aggressive behavior by people seeking alms or donations.

The ordinance, approved by unanimous vote Tuesday, defines “aggressive” panhandling as threatening bodily harm, committing a criminal act, interfering with traffic or continuing to pester someone who has turned down a request. It covers individual beggars as well as representatives of charitable organizations seeking donations.

“It’s not a ban against panhandling,” said City Atty. Richard Jones. “It’s a ban against aggressive panhandling.”

Council members said the ordinance is in response to complaints from residents who say they have been victimized by overaggressive beggars in shopping malls, streets, parks, parking lots and other places.

“It’s not that I have no heart for people who are begging, but they have abused people’s generosity,” said Councilman Tony Lam, who has advocated passage of the ordinance.

The ordinance specifically prohibits touching another person in the course of begging. It prohibits washing vehicle windshields and soliciting donations from the owner as payment.

Also considered aggressive begging are blocking a person from entering or emerging from a vehicle while soliciting and stopping a vehicle for the purpose of asking for money from the occupants.

Lam said some business owners have complained about disruptions of their operations by “annoying and intimidating” people seeking handouts.

Robin Tome, a spokesman for the American Civil Liberties Union, said enforcing the ordinance could pose a problem for police officers, who may be required to make a judgment call on what is aggressive panhandling.

Tome said that asking for money or donations is part of free speech protected by the U.S. and California constitutions.

“The right of a person to say, ‘I’m homeless, please help me,’ is protected speech,” Tome said. “It’s the behavior in threatening another person with bodily harm or blocking passage” that can be prohibited.

Last year, the city of Anaheim passed an ordinance similarly prohibiting “aggressive” panhandling in response to demands from residents to restrict street begging.

Under the Anaheim law, violators are fined $100 for the first offense, $200 for a second infraction within a year and $500 for additional offenses.

A proposal to require beggars to obtain city business licenses was rejected about the same time because that would have been unconstitutional, according to Anaheim City Atty. Jack L. White. He said case law allows cities to regulate, but not ban, begging.

Capt. Lee Lescano, Salvation Army coordinator for Orange County, said the Westminster ordinance may have an effect on the group’s solicitation activities, though he noted that the organization is not aggressive when its representatives solicit donations on the street, primarily during the Christmas season.

“We think we’re within the law,” said Lescano. “But if it does restrict us, we would want to have discussions with the city. It’s possible someone wants to restrain legitimate organizations. That intent is our concern.”

Jones said that panhandling would become a violation under the ordinance when the person asking for money, food or other donations “pursues it to the point that he infringes on the rights of the person being asked.”

Jones said a violation of the ordinance would be considered a misdemeanor punishable by a $500 fine or six months in jail or both.

Council members will consider the ordinance for final approval July 12.