Panhandling, firepit debates mirror each other

On the surface, panhandling and backyard fires appear to have little in common.

But the debates at Saskatoon city council about both issues have been remarkably similar discussions, pitting residents’ presumed rights against concerns about public safety and nuisance behaviour.

Over the past year or so, council has debated enhanced restrictions on panhandling and backyard firepits.

The debate has sounded very similar for both issues, with some arguing for greater restrictions and others suggesting effective enforcement of existing rules will suffice.

In the case of panhandling, a 6-5 majority last year backed greater restrictions, including prohibiting begging for money near theatres or begging from people who are using or lining up to use parking pay stations.

Opponents of the new no-panhandling zones argued that an existing ban on aggressive panhandling addresses the problem, which is people’s perception of safety.

Panhandling is protected as a form of freedom of expression in Canada. Cities can regulate it, but cannot restrict it so much that it’s effectively banned.

Although nobody has actually acknowledged it, the ban on panhandling near theatres appears to be the city’s response to a shocking, random stabbing at a downtown movie theatre complex three years ago.

Some residents said they felt unsafe downtown, and people’s perceptions about safety are important — but the assault was not committed by a panhandler.

When it came time to pass the panhandling bylaw, Coun. Troy Davies missed the meeting, so the attempt to tighten rules failed on a tied vote. Coun. Darren Hill hinted last June he could revive the proposed panhandling restrictions once a year has passed.

That brings us to today’s vote on banning backyard fires outside the hours of 5 p.m. to 11 p.m.

The curfew was endorsed by council in a 6-5 vote in December.

Those opposed to the firepit curfew argue existing regulations prohibiting nuisance smoke are sufficient and they only need to be enforced more effectively. Does that sound familiar?

The fire department, which is charged with enforcing the firepit bylaw, acknowledges more effective enforcement is needed.

Intriguingly, five of the councillors who oppose stricter firepit regulations are among the six who backed more limits on panhandling: Davies, Hill, Cynthia Block, Randy Donauer and Zach Jeffries.

Coun. Bev Dubois backs both the new firepit rules and panhandling limits.

On the other side of both debates — for a firepit curfew, but against more panhandling restrictions — are Mayor Charlie Clark and the remaining councillors: Sarina Gersher, Hilary Gough, Ann Iwanchuk and Mairin Loewen.

Most communities in Canada have enacted greater restrictions for both activities. A constitutional challenge has been launched against an Ontario law that, like Saskatoon’s existing bylaw, prohibits aggressive panhandling.

Saskatoon is pretty much alone among comparable Canadian cities in lacking either time restrictions on firepits or even a mandated distance from trees and flammable structures.

Smoke poses a real threat to health, as anyone in Saskatoon during the summer of 2015 can recall after multiple air quality warnings due to forest fire smoke. In most cases, the panhandling threat is perceived, though it can seem real.

People have a right to feel safe from aggressive begging in their city’s downtown and from excessive smoke in their homes and backyards. Both sides seem to acknowledge these rights while differing severely on the tools to enforce them.

The firepit debate has been especially divisive. On Thursday, Hill posted on Twitter to remind residents the final vote is today and the deadline to register to speak is 10 a.m.

Whether any of the firepit freedom folk will line up today at city hall to proclaim their right to burn, next to the regular speakers on this issue whose health is affected by smoke, will be interesting.

The vitriol on this issue has likely entrenched both camps. Any council member changing his or her vote now would seem weak or indecisive.

Then again, council seemed set to impose a midnight firepit curfew in 2008, but that effort was defeated on a 6-5 final vote at council.