Panhandling case heats up as city publicizes final offer
In what’s been described as “a PR move,” the City of Penticton has released full details of a plea deal if offered in a high-profile panhandling case.
The deal is outlined in an April 10 letter penned by city lawyer Troy DeSouza and addressed to Paul Varga, whose client, Paul Braun, is charged with eight violations of the city’s Good Neighbour Bylaw for panhandling within 10 metres of a downtown breezeway last year.
The deal was rejected, however, and the matter is set for a three-day trial in September.
Varga said Sunday the public release of the offer letter, a document typically considered confidential between the parties involved, is unprecedented.
“It’s a PR move – they’re playing public relations with someone’s life,” said Varga.
“The concern here is the city is bullying Mr. Braun and trying to show they’re reasonable and he’s not, and that’s a problem.”
Varga said his client had “issues” with the offer, but declined to comment further on Braun’s reasons for rejecting it.
The lawyer also declined to reveal his defence to the charges, but confirmed he will be challenging the validity of the Good Neighbour Bylaw under the Charter of Rights and Freedoms.
DeSouza couldn’t be reached for comment Sunday.
City manager Peter Weeber said Sunday he’s not calling the shots in the Braun case and was therefore unable to comment on why the offer letter was publicized.
Weeber did, however, express regret the matter couldn’t be settled before trial, but noted the city has to have the ability to enforce its own bylaws.
“Speaking generally to any behaviour downtown, if we allow it to be one way in one part of downtown and another way in another part of downtown, then we’ve lost all our credibility,” he said.
Weeber also noted the city’s dispute with Braun came in response to concerns raised by residents and downtown businesses, but that the local government is trying to balance its enforcement efforts with proactive measures like encouraging affordable housing to help eliminate the causes of public disorder.
Measures are also in the works to improve safety – and people’s perception of safety – downtown and in city parks.
Weeber himself is one of 13 witnesses the city plans to call at trial, according to offer letter.
The city manager will testify to “the assistance he offered to Paul Braun, including housing, counselling resources, food vouchers and bus passes,” as well as employment, the letter states.
Three other witnesses, who are only identified by their initials, are expected to testify about negative interactions with Braun.
The deal concludes with the city’s final offer: guilty pleas on all eight counts in exchange for an $88 fine and compliance with an order to obey the Good Neighbour Bylaw.
Absent a settlement, if Braun is convicted the city will instead seek a $500 fine on each count – or jail time in lieu – plus community service and an order to obey the bylaw.