Penticton Herald

City accused of waging war on homeless

Panhandler facing 8 counts of contraveni­ng municipal bylaws

- By DALE BOYD

The City of Penticton is waging “war on the homeless,” says the local lawyer defending a well-known street person. Paul Braun, 59, is facing eight counts of contraveni­ng municipal bylaws by causing an obstructio­n while panhandlin­g. Braun was not present in provincial court in Penticton on Wednesday for a first appearance, but was represente­d by his lawyer, Paul Varga.

“This isn’t just a bylaw offence for Mr. Braun, this is essentiall­y a war on the homeless. Not on homelessne­ss, it’s a war on the homeless, by the city, and that’s inappropri­ate,” Varga said outside court.

Varga is representi­ng Braun pro bono. He said he was speaking with Braun moments after the city subpoenaed him and offered his services.

“Situations like this, where the city is attacking its most vulnerable citizens, I’ve got to step in,” Varga said.

The saga began with city bylaw officers ticketing Braun earlier this year for blocking a downtown breezeway, a spot Braun has been for the past six years. They were fines Braun had no way of paying.

The city has asked Braun to relocate to Nanaimo Square in a move Varga says is attacking Braun’s revenue stream.”

“If you’re going to fine him, well, I guess he is going to have to sit there longer to get more money for his fines because that’s his revenue stream,” Varga said.

Court heard Wednesday the city has made an offer to try and resolve the matter prior to a trial.

Varga said Braun now has a roof over his head, but just one individual fine of $110 essentiall­y represent Braun’s food budget for the month.

The city is also capable of fining Braun for the cost of prosecutin­g him, Varga said. Braun is facing the possibilit­y of thousands of dollars in fines as well as incarcerat­ion.

“They need to stop targeting Mr. Braun, they need to stop targeting the homeless and they certainly need to address the real issues of homelessne­ss,” Varga said.

“How many homeless people were actually invited to participat­e in the city’s forum on homelessne­ss. How many? Zero. I asked Mr. Braun if he was invited. No, he wasn’t.”

Braun is scheduled for a return to court on Dec. 20 to arrange future court dates.

City bylaw services supervisor Tina Siebert said the case is not about unpaid fines, but rather non-compliance.

“We want to make sure he’s complying with the bylaw. So it’s not about the money. It’s not that at all,” Siebert said.

“We understand, absolutely, we try to show compassion and if you do have financial issues, the city does have a lot of options on how to deal with those.”

Siebert said bylaw services has advocated for Braun to be provided with services and housing, and is happy to hear Braun has found a place to live.

She also noted she works with hundreds of people on compliance agreements each year, reducing fines for continuall­y complying with bylaws for example.

“We work with people, but we’ve had no success with Mr. Braun unfortunat­ely. That’s why it’s, OK, nothing is changing your behaviour so we’re kind of at that next step,” Siebert said.

She said the city hopes to resolve the matter outside court before the next scheduled appearance.

 ?? Herald file photo ?? Paul Braun has received eight tickets for panhandlin­g in downtown Penticton.
Herald file photo Paul Braun has received eight tickets for panhandlin­g in downtown Penticton.

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