Oklahoma City councilmembers John Pettis and Mark Stonecipher introduced a new ordinance January 19 that adds more restrictions to panhandling laws that went into effect in December.
The new ordinance would change the definition of "aggressive" to include panhandling within 50 feet of a school bus stop or an elementary campus.
Updated January 26, 9:35 a.m.
Representatives from the American Civil Liberties Union and Oklahoma City residents spent about 45 minutes Tuesday morning voicing concerns about changes to the city's panhandling ordinance.
Watch the January 26 City Council meeting. The panhandling public comment portion begins at 1:22:53 in the video.
ACLU of Oklahoma legal director Brady Henderson said the term "aggressive" is already well-defined.
“Intimidating somebody physically. Following them. Doing it at night. Doing it in ways that make someone fear for their safety. Obstructing somebody, that’s a very, very big one. All of that is illegal,” Henderson said. “I’d simply urge this council: make sure that we’re enforcing our current laws before we demand more law, more government power.”
Executive director Ryan Kiesel said residents should be asking councilmembers whether the current ordinances are inadequate, and if they are, are there appropriate remedies?
“Are police responding to instances of aggressive panhandling that’s covered under current ordinance, in saying that they don’t have the tools that they need to intervene and protect the safety of the children going to and from school?” Kiesel asked.
The proposed changes to the ordinance came after citizens said they were worried about panhandling near Millwood Elementary School in northeast Oklahoma City.
Ranya O'Connor is the director of the Curbside Chronicle, which employs Oklahoma City's homeless population for distribution. She said pushing back the prohibited distance for panhandling from 20 feet to 50 feet of outdoor seating areas, ATMs, pay phones, and mass transit would effectively shut down the newspaper.
“I do not believe that City Council truly intends and wants to criminalize poverty,” O’Connor said as she delivered prepared remarks. “I don’t know if City Council fully understands the effects of these ordinances on people in poverty. But I’m asking you to take a different approach this time.”
A final City Council vote takes place February 9th.
Updated January 20, 8:24 a.m.
The new language was introduced by Councilman John Pettis after citizens expressed concern about panhandling near Millwood Elementary in northeast Oklahoma City.
Millwood Public Schools superintendent Cecilia Robinson-Woods said during Tuesday’s city council meeting it's been a problem near the elementary school at Northeast 63rd Street and Martin Luther King Avenue.
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Watch the January 19 City Council meeting. The panhandling discussion begins at 20:20 in the video.
"If we don't put actions in place that really police, if you will, the amount of space that panhandlers can occupy, especially around a school, there's really nothing to stop them from coming closer and closer.” Robinson-Woods said.
The school is located in Ward 7, which Pettis represents. He addressed concerns by Councilman Ed Shadid that the ordinance is a preemptive strike against panhandling in the new downtown park that's part of the MAPS 3 series of projects. Pettis said he’s even intervened by shooing panhandlers away from children while driving along MLK.
"I've witnessed it for myself, especially when you have five or six panhandlers at one location, that's scary for a little kid,” Pettis said. “And so the only thing I'm trying to, and the only thing we're trying to do is protect those who can't protect themselves."
But there's been criticism that the recent crackdown on panhandling could shut down the Curbside Chronicle magazine, which employs the homeless to distribute it. Mayor Mick Cornett said during the council meeting the city is working to balance all the competing interests.
“I think we're trying to develop some language where we can take care of the issues involving solicitation and children near Millwood, but also allow the Curbside Chronicle to continue,” Cornett said.
The American Civil Liberties Union of Oklahoma says it still plans a court challenge to the panhandling ordinance adopted in December.
Executive Director Ryan Kiesel said in a statement even though they've been talking with the City Council, they haven't endorsed any language proposed at yesterday's meeting. The ACLU says it’s opposed to “criminalizing poverty.”
A public comment period is scheduled for January 26 at 8:30 a.m. Final consideration takes place February 9.
Original Post
Back in September during the discussion of the initial panhandling ordinance, Millwood Public Schools board president Christopher Harrison said he was concerned about panhandlers approaching children near the campus on Martin Luther King Avenue in northeast Oklahoma City.
“We do understand that they have their First Amendment right to definitely be there. But what we found is, of course, our students are bound by law to go to school,” Harrison said. “So they’re being confronted when leaving the bus, and also walking back and forth from school, as well as traveling trying to get to public transportation.”
The modification would also push back how far a person can panhandle from outdoor restaurant seating, ATMs, mass transit stops, or pay phones from 20 feet to 50 feet. The Oklahoman’s William Crum described those descriptions as a “pre-emptive strike” ahead of the MAPS 3 park:
Provisions to keep panhandlers away from diners would insulate a signature amenity of the new MAPS 3 park, which is to feature an entrance anchored by a cafe with outdoor seating. Work has begun to tear down existing buildings, tear out streets and relocate utilities in the park, but it is not expected to open for about two years.
Last month the City Council passed the controversial panhandling ordinance that drew opposition from groups that help and provide services for the homeless.
After the ordinance is introduced Tuesday, a public hearing will take place a week from now on January 26, with a final hearing on February 9.
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