ACLU criticizes SF panhandler proposal

SANTA FE — A proposed ordinance change here would require panhandlers to be at least 20 feet from any business — effectively banning them from most of Santa Fe’s historic Plaza area — but the ACLU of New Mexico says the measure is unconstitutional and opens the city to litigation.

The amendment, sponsored by City Councilors Signe Lindell and Renee Villarreal, will be presented to the city’s advisory Public Safety Committee today by Randy Randall, executive director of Tourism Santa Fe, the city’s convention and visitors bureau.

Randall said the change is about making shopping in downtown Santa Fe more pleasant for tourists, especially because shopowners rely heavily on tourist dollars.

“I’m trying to make the downtown historic district as appealing as we can for visitors,” he said. “If it’s more appealing for visitors, it’s more appealing for residents as well. Panhandling in my experience is not a pleasant experience.

“Being approached by someone and being solicited — it’s just not what they (shoppers) want to do. I think there’s a place for panhandling, but it should not be in the business district of a city that relies on tourism.”

Under the current city code, panhandling is prohibited at any bus stop, within 15 feet of any public transportation entrance or exit, in a sidewalk cafe or within 20 feet of an ATM, among other provisions. ACLU of New Mexico Executive Director Peter Simonson said Monday that even the current ordinance is unconstitutional because it stifles free speech.

He said the ACLU has a pending lawsuit in Albuquerque over a similar ordinance and expects someone to approach the organization to file a suit against Santa Fe.

“The Santa Fe ordinance is probably more aggressive, making it more constitutionally suspect,” Simonson said. “I would encourage the city to repeal the ordinance because at some point it will result in legal liability. We have told the city so many times that the ordinance is unconstitutional. I’m getting tired of it. I just don’t have any confidence that they would listen to us.”

Lindell and Villarreal couldn’t be reached for comment Monday.