L.A. Council OKs Tough Law on Panhandling

Despite protests from civil rights lawyers and homeless advocates, the Los Angeles City Council on Wednesday endorsed one of the toughest panhandling laws in the country--an ordinance that bans aggressive soliciting, including unwanted touching, following, swearing at or threatening people.

Civil libertarians and advocates for the homeless immediately said they are considering filing suit to keep the statute from taking effect.

The law, which is supported by Mayor Richard Riordan and City Atty. James K. Hahn, also bans all panhandling in places such as bus and subway stations, freeway medians and near banks, automated teller machines and restaurants.

The ordinance was approved on an 8-4 vote. Because it did not receive the 12 votes necessary for immediate enactment, city bylaws require a second council ballot next week. Only eight votes are required for passage on such a second consideration, so the law is expected to win final approval.

It will take effect 30 days after Riordan signs it. Violation of the new law will be punishable by a $50 fine on the first offense and a $500 fine and six months in jail for repeat offenders.

The mayor, who promoted the ordinance during his recent reelection campaign, said the measure will improve the lives of residents who are constantly harassed by aggressive panhandlers.

“This is not about punishment but about creating an atmosphere where people don’t have to worry about being abusively panhandled,” said Riordan spokeswoman Noelia Rodriguez.

But advocates for the homeless and representatives for the American Civil Liberties Union said they were considering whether to sue to block the ordinance, saying it is constitutionally flawed because the definition of “aggressive panhandling” is too vague.

Sam Mistrano, legislative director of the ACLU’s Southern California chapter, said the law defines aggressive behavior based on what a reasonable person would consider aggressive.

“Who in Los Angeles is a reasonable person?” he asked.

Bob Erlenbusch executive director of the Los Angeles Coalition to End Hunger and Homelessness, called the ordinance “punitive and shortsighted.” He challenged the council to spend more money helping solve the homeless problem, instead of targeting panhandlers,

The law takes a route already tried in Santa Monica, New York, Berkeley and other cities known for their aggressive panhandlers.

“No one wants to be hassled or hustled when they walk down the street,” Rodriguez said.

But the proposal met sharp criticism not only from civil libertarians and advocates for the homeless, but also several liberal council members who say the law does nothing to address the causes of poverty and homelessness.

“What we are doing today is further criminalizing the poor,” said an angry Councilwoman Jackie Goldberg, who represents Hollywood and surrounding neighborhoods.

“Poor people already have enough problems. We don’t need to add more to that,” said Councilman Nate Holden, who represents parts of South Los Angeles.

To appease such critics, Councilwoman Laura Chick, a supporter of the ordinance, proposed an accompanying measure that calls on the city to make the homeless problem its top policy priority. Her motion also called for a citywide expansion of a Studio City program that distributes brochures to “educate the public about how to address the root cause of panhandling and related issues.”

Councilman Rudy Svorinich Jr., another supporter of the panhandling measure, also introduced a proposal to instruct housing officials to draft a “housing policy and action plan” that makes it the city’s goal to provide affordable housing for low-income residents.

“Los Angeles can only be a great city if we do great things to help the people who have the least,” Svorinich said.

Although the council adopted the Svorinich and Chick measures, they did not appease critics, including Goldberg, who called the efforts “meaningless symbolic gestures” and “feel-good legislation.”

Even supporters conceded that the law will not completely do away with aggressive panhandlers. But they argue that the ordinance gives police a tool to deter abusive behavior by beggars.

Los Angeles police officials agreed. “This will identify what is and is not appropriate behavior,” said LAPD Cmdr. Dan Watson. “This does not prohibit panhandling by any means.”

The measure was also supported by several senior citizens and small-business representatives who said they feel threatened by many panhandlers.

“Panhandling diminishes the quality of life,” said Shamara Turner, executive director of the San Pedro Peninsula Chamber of Commerce. “Any confrontation with a stranger is not conducive to enjoying shopping, dining or other relaxing activity in any community in Los Angeles.”

Lawyers for the city also defended the law, saying it is legally sound and will withstand a constitutional challenge.

Deputy City Atty. Earl Thomas, who helped draft the ordinance, said the law was written after his office studied numerous other panhandling statutes around the country that have withstood legal challenges.

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Curbing Panhandlers

Among the prohibitions against panhandlers in the plan approved Wednesday:

* Touching a person being asked for money

* Blocking his or her path

* Following a person who declined to donate

* Using abusive or threatening language

* Using threatening gestures

* Washing vehicle windows without permission

* Panhandling on a street median, on public transit, near an ATM, on a freeway onramp or offramp or in an outdoor dining area