Proposal calls to relax panhandling restrictions

Panhandlers will be allowed to legally operate on an estimated 103 Oklahoma City street medians under a proposed change to the median safety ordinance, currently facing legal challenges by the ACLU.

The changes recommended by Amanda Carpenter, with the Municipal Counselor’s office, proposes modifying restrictions for pedestrians on medians to apply only for streets with speed limits of 40 mph and higher.

The original ordinance was adopted in December 2015, litigation was filed in 2016, and the changes are set for a vote on Nov. 7.

The current ordinance prohibits sitting, standing or staying on medians based on the size of the median.

The proposed change shifts the basis to the speed limit, supported by statistics from federal public health and roadway safety agencies.

In a presentation to the city council Tuesday, Carpenter said research into implementation of the ordinance continued after its passage.

She quoted the Centers for Disease Control and Prevention as reporting higher vehicle

speeds increase the likelihood of death or lifethreatening injury to a pedestrian when a vehicle hits someone.

A person hit by a vehicle at 40 mph has an 85 percent chance of being killed, compared to 5 percent at 20 mph and 45 percent at 30 mph, according to the Federal Highway

Administration.

Those lower speed corridors are where the medians would no longer be under the ordinance.

Carpenter reminded the council medians are traffic safety devices and are dangerous places for pedestrians to sit, stand or stay.

“We have more and more distracted drivers every day, whether it is through text messages — which is illegal, but is still being done — vehicles traveling at high speeds while talking on the phone, and other distractions,” Carpenter said.

The debate over median safety and panhandlers was already underway when Joseph Geary, who was soliciting change on a popular spot along W Memorial Road and N May Avenue, slowly walked diagonally across the roadway and was hit by oncoming traffic.

Protesters responded that the ordinance was passed to curb free speech and hide the city’s most vulnerable residents as they seek financing help from passersby.

The ordinance, if adopted, would take effect Dec. 7.

Violators would be subject to a fine of up to $100, plus court costs.

As with anyone fined for a city of Oklahoma City ordinance violation, people who can’t afford to pay the fine are granted an indigent hearing before a Municipal Court judge and have options for restitution.

With litigation ongoing, the city council complied with a request by Mayor Mick Cornett to limit comments and questions to a closed executive session held at the end of Tuesday’s city council meeting.

We have more and more distracted drivers every day, whether it is through text messages — which is illegal, but is still being done — vehicles traveling at high speeds while talking on the phone, and other distractions.”

Amanda Carpenter Municipal Counselor’s office