Panhandling's effect on Lawrence Downtown

Tanner Benson and Jake Rivers sit cross legged on Massachusetts street between 8^th and 9^th streets.  The two wear tattered, dirty clothing and smell like a mixture of cigarettes and body odder. Rivers hums away on his harmonica, while Benson asks people passing by for any change they can spare. Most walk briskly by, not turning towards the two. Others drop a few coins or even a dollar into a military style hat in front of them, to which Benson replies, "God bless you man."

Benson and Rivers are panhandlers and a topic of concern to some downtown Lawrence businesses. Jane Pennington, Director of Downtown Lawrence Incorporated, a membership organization of local downtown businesses, said that panhandling has been an issue for years, but many members and visitors have commented that the problem is getting worse.

"I'm not forcing people to give me money," Benson said. "I just want to buy some smokes."

The city of Lawrence is currently investigating possible ways to regulate panhandling. Mike Dever, mayor of Lawrence, said that the issue will be addressed soon by the city council as many local business owners have voiced their discontent with the problem. However, views about what to do and the severity of the problem are mixed.

Panhandling, as defined in city code 14-418. means "any request for or solicitation of an immediate donation" or "a request or solicitation to purchase an item far exceeding its value, in circumstances where a reasonable person would understand that the purchase is in substance a donation."  The city code also includes what is not panhandling, which includes "standing, sitting, or engaging in musical performance or other street performance with a sign or other indication that donations are being sought, without any verbal request for donation other than in response to an inquiry by another person."

In and of itself, panhandling is not illegal. However, Lawrence has deemed it unlawful to aggressively panhandle. This includes threatening, following a person after they have refused solicitation or walked away, blocking a person's path, or touching the person being solicited without consent. It is also illegal to panhandle at a bus stop, on private property, within 20 feet of a bank or ATM, in a public transport vehicle or facility.

Even with these regulations, some local business owners still think the problem needs to be addressed further. Whin Campbell, owner of Winfields, said panhandling has affected his business.

"Customers come in and tell me they are uncomfortable traveling store to store," said Campbell. "We have a venue that we have worked hard to make. When people become uncomfortable, then it becomes a problem."

 Walt Houk, owner of Travellers Inc., wants to see the city address the problem as well.

 "It's always been a problem. Panhandling is not good for retail merchants," said Houk. "Would you be comfortable having to walk over people asking you for money when you just spent $4000 on a cruise?"

"A majority of members would like to see panhandling banned downtown," said Pennington.

However, panhandling cannot be outlawed city wide. Panhandling has constitutional protection under the first amendment. Albuquerque, N.M, tried banning panhandling city wide in 2004, but was deemed unconstitutional after the American Civil Liberties Union filed a lawsuit against the bill.

There are some other options to regulate panhandling. Scott Miller, a staff attorney for the city of Lawrence, said that city staff is currently studying the problem. Miller outlined ways the city is considering to deal with the problem.

One solution would be to post collection boxes downtown where people could donate and the money would then be redistributed by social services. Organizations such as the Salvation Army and the Lawrence Community Shelter would give the money to those in need.

Licenses to panhandle would be another way to deal with the problem. The licenses would not cost any money, but would require that the person panhandling wear the license around their neck. This would defer panhandlers from being aggressive. The idea is that if someone has their license around their neck with a picture and name they would be less likely to hassle people on the street and could easily be reported to authorities.

Fraudulent statements could also be outlawed. If a panhandler uses a bogus line about collecting money for an animal shelter, for example, they could then be arrested.

The most likely option is to ban panhandling in certain areas, such as downtown. Cities such as Kansas City have declared places like the Plaza "prohibited locations" which ban street vendors, including panhandlers.

"If I need to eat I can go to a shelter, but sometimes it's nice to have some little things you know," said Benson.

Kimberly Bedient, a Lawrence panhandler, said she only makes around five dollars a day and is her only source of income. Bedient said that if she was required to get a license she would take the oppurtunity.

Still there are those shop owners downtown that worry about whether the new laws will really solve the problem.

"I don't like the idea of police being able to harass people downtown because they don't have permits," said Rod Smith, owner of White Chocolate. "Homelessness is the real issue. It's not going to vanish from the city because they pass a law."

Smith said that he is not bothered by the average panhandler, but some can be out of hand. "One day a guy actually came inside and started bothering customers," said Smith. "I knew exactly what he was going to do when I saw him, but I was busy helping other customers, so I didn't have a chance to say anything."

 Ernie Cummings, owner of Kizer Cummings Jewelry, said the problem is that it depends on the type of panhandler.

"It's hard to tell who is the problem. You can't just tell by looks," said Cummings.

Cummings agrees that panhandling does not help the ambiance of downtown, but feels that efforts should be made to help those in need. After the state has closed mental hospitals, Cummings thinks the community should do something more constructive.

"It's what the community is willing to do, they should be helping people," said Cummings.

Cummings points out that Massachusetts street is located between the Salvation Army and the Lawrence Community Shelter and that is why it is a popular hangout for vagrants. Cummings has doubts whether the new law will really change anything.