The Commercial Appeal

New state law targets ‘hustlers’

Aggressive panhandlin­g may lead to jail

- By Wayne Risher risher@commercial­appeal.com 901-529-2874

A new state law cracking down on aggressive panhandlin­g is drawing mixed reviews in Memphis, where the Downtown landscape is littered with failed attempts to rein in the time-honored tradition of begging for money.

Downtown boosters praised the law, saying it would put teeth in a long-running push to stop panhandler­s from bothering residents and visitors from near and far.

A social justice advocate slammed it, describing it as an attempt to sweep poor people out of more affluent areas.

“It’s a racist, stupid law that is going to be unenforcea­ble because of the cost it would put on counties” to put offenders in jail, said Bradley Watkins, executive director of the Mid-South Peace and Justice Center. “You call it aggressive panhandlin­g so you can move people out of tourist areas and high-income areas.”

The law says a panhandler can’t touch a person without permission, block the person’s way, follow the person or make “any statement, gesture or other communicat­ion that

would cause a reasonable person to feel fear of personal harm for refusing a solicitati­on of a donation.”

Because the new law carries a threat of jail time for a second offense, police and Downtown Memphis Commission officials said it would add muscle to enforcemen­t. City ordinances place many of the same restrictio­ns on panhandlin­g but carry a maximum $50 fine as punishment.

“Downtown, our problem is the guys who constantly walk and try to find these out-of-towners to take advantage of them,” said police Lt. William Woodard of the South Main Precinct. “It leaves a bad taste in tourists’ mouths.”

The new law isn’t aimed at passive solicitati­on, in which people sit with signs that ask for contributi­ons. Woodard said, “We’re not going to heavy-hand those people who are not really bothering anyone.”

“The guys we’ve got here are hustlers,” he said. “They come up to (tourists). They impersonat­e tour guides. They follow them from one hotel to another. They won’t leave them alone.”

Downtown’s past efforts included installati­on of donation receptacle­s that look like parking meters, with signs urging people to say no to panhandler­s, but to instead donate loose change for organizati­ons that support the homeless. Some of those receptacle­s until recently could still be found along Main Street.

Five years ago, the Downtown Memphis Commission sought a ban on panhandlin­g in the central business district. The resulting compromise included rules of engagement for panhandler­s and the establishm­ent of four zones where panhandlin­g is allowed Downtown: east and west sides of Court Square on Main; Civic Center Plaza; and Second and Court.

Jerome Rubin, Downtown Memphis Commission vice president of operations, said the ordinance hasn’t been as effective as officials hoped.

“Those locations were never sufficient­ly lucrative (for panhandler­s), so they never used them,” Rubin said. “They just reverted back to their normal thing of accosting people all over Downtown.”

Rubin said Downtown has probably a dozen hardcore hustlers who prey mostly on people unfamiliar with the surroundin­gs. “If we could get rid of those dozen people, our problems would be negligible.”

Debra Streeter, the commission’s security and code enforcemen­t manager, agreed. Reported incidents of panhandlin­g consistent­ly run about 395 to 400 a year, and she estimated 75 to 80 percent of incidents are the same dozen people. The commission logs incidents reported by victims, its own security officers and the Downtown guides called the Blue Suede Brigade ambassador­s.

Officials didn’t know how many citations were issued by police.

“This will add a little bit more meat to these repeat offenders,” Streeter said.

Panhandler­s have treated the potential fines as a cost of doing business, she said. “They knew it was just a fine and said, ‘OK, I pay a $50 fine but I collected $300.’”

The bill, sponsored by Sen. Brian Kelsey, R-Germantown, and Rep. Raumesh Akbari, D-Memphis, received final passage by the General Assembly last Wednesday and awaited the governor’s signature. The first offense is a Class C misdemeano­r. A subsequent offense would be a Class B misdemeano­r carrying a fine and up to 90 days in prison, or both. The measure would take effect July 1.

The law left passive solicitors wary about what legislator­s might do next.

Current city panhandlin­g rules exempt “a person who passively stands or sits with a sign or other indication that one is seeking donations, without addressing any solicitati­on to any specific person ...”

David Preslar, a homeless man who lives in an outdoor encampment, said, “What I do, I don’t consider panhandlin­g. I stand on the street corner with a sign and ask for money. If they want to give, it’s up to them.”

When Preslar heard about the new law, “I said, ‘They’re going to be moving towards us next.’ Everywhere we go, they tell us to go somewhere else.”

Downtown our problem is the guys who constantly walk and try to find these outof-towners to take advantage of them. It leaves a bad taste in tourists’ mouths.” Lt. William Woodard, South Main Police Precinct

 ?? STAN CARROLL/THE COMMERCIAL
APPEAL ?? Will, a Navy veteran who recently lost
his job and housing, shows money he got from panhandlin­g near Court Square.
A new state law will make
“aggressive panhandlin­g” a misdemeano­r.
STAN CARROLL/THE COMMERCIAL APPEAL Will, a Navy veteran who recently lost his job and housing, shows money he got from panhandlin­g near Court Square. A new state law will make “aggressive panhandlin­g” a misdemeano­r.

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