News

By Rich Pollack

Delray Beach police officers and other city staff members will spend much of the next six months ironing out the processes needed to implement a new panhandling ordinance while also communicating the specifics to people who may unknowingly be in violation.
The ordinance, passed last month by a 4-1 vote, makes it illegal to aggressively panhandle anywhere in the city and prohibits any type of panhandling after dark as well as in specific locations such as within 20 feet of the entrance to a commercial property or within 20 feet of an ATM.
While proponents of the ordinance point out that it is essentially a replacement for one on the books that was unlikely to stand up to a constitutional challenge, opponents fear the new rules will be detrimental to the city’s homeless population.
Commissioner Adam Frankel, who was one of the strongest proponents of the ordinance, believes it will reduce some of the intimidation residents and visitors may feel when someone approaches them and requests money or food.
“With the passage of this ordinance, people will feel safer at restaurants, bus stops and at intersections,” he said.
Frankel pointed out that a study showed that panhandling will still be acceptable in about 94% of the city, although not after dark.
During several hours over three days of presentations before the City Commission, Melbourne attorney Michael Kahn called on several business owners, police officers and other city staff members who told the commission how some panhandlers aggressively approach people and create health issues by performing bodily functions in public places.
The attorney — who specializes in these types of ordinances — said that the proposed ordinance is focused on people soliciting aggressively for money or food and is not targeting any specific group such as homeless people.
Frankel agreed. “This isn’t a homeless ordinance,” he said.
But commissioners also heard from people who left telephone messages voicing concern that the ordinance was indeed aimed at the city’s homeless population.
Speaking in person before the commission, Ezra Krieg — a longtime advocate for homeless people and chair of the city’s homeless task force — agreed with callers that homeless people in the city would suffer as a result of the ordinance.
“Nobody is in favor of aggressive, intimidating panhandling, but this ordinance is based on people’s perception not on performance,” he said later. “My concern is that this isn’t about people asking you for money, it’s about people who make you feel uncomfortable.”
Under the ordinance, those found in violation could be arrested and face as much as 60 days in jail or a fine of up to $500.
Frankel, however, believes that it is unlikely that many of the violators will be locked up.
He cited figures presented by City Attorney Lynn Gelin showing there were more than 1,100 calls for service regarding panhandling complaints and only 15 arrests in the last five years.
“It tells me that officers aren’t looking to arrest people,” Frankel said. “They’re trying to stop aggressive panhandling where people are uncomfortable.”
He said he is confident those charged with enforcing the law will focus on warnings and education initially and avoid making arrests whenever possible.
Prior to voting in favor of the ordinance, Vice Mayor Ryan Boylston questioned whether enough preparation and communication had been done with people the ordinance is likely to affect.
“I would be more comfortable if a plan were worked out and communicated before this goes into effect,” he said.
In the end, Boylston, Frankel and others on the commission agreed to a six-month grace period before the ordinance is fully enforced. Deputy Vice Mayor Shirley Johnson voted no.
“I think there’s still a lot of communication that needs to be done,” Boylston said.
Krieg said that although he doesn’t agree with the ordinance, he is willing to work with the city to help with communication and implementation of the regulations.
“I’m more than happy to work with the city and the people who are implementing this to make sure what I fear could happen doesn’t happen,” he said. Ú