How to know, enforce city rules against panhandlers

By Steve Lackmeyer

Published: February 19, 2008

But before he could approach them for money, the couple entered the restaurant. The man then walked across the street and tried to make contact with another person walking toward his car.

I saw all of this with my own eyes just two weeks ago. Then, last week, I listened as Capt. Patrick Stewart, commander at the Bricktown Police Substation, informed merchants that officers are looking to crack down on such solicitations — but the task is complicated by a public that doesn't understand what constitutes aggressive — and illegal — panhandling.

What are the rules? City ordinances prohibit panhandlers from continuing to approach, speak or follow a person after the person says "no.” Any intentional physical contact without the other's consent is also considered aggressive and a violation of Oklahoma City ordinances.

Blocking or interfering with safe passage is a no-no. So is yelling or the use of violent or threatening language or gestures. Some places are forbidden zones for panhandling, including ATMs, restaurants, shops and offices, or near ticket lines for theaters or events at the Cox Convention Center or Ford Center.

Even Stewart was surprised to find out from a merchant that all panhandling is illegal from 30 minutes before sunset until 30 minutes after sunrise.

Stewart said downtown residents, workers and visitors should not hesitate calling 911 if they are panhandled under any of the above circumstances. With a written complaint, the panhandler can be fined or arrested.

But some may ask, isn't this a rather heartless response to the plight of the homeless? Downtown Oklahoma City Inc. joined with local shelters a couple years ago to sell vouchers to people wanting to offer help to those truly in need. The organization also assists in development of a one-stop-shop assistance center just west of downtown.

"But 80 percent of panhandlers are not homeless,” said Brett Hamm, president of Downtown Oklahoma City Inc. "This is just what they do.”

Courts have ruled outlawing panhandling altogether is a violation of free speech. But downtowns across the country are finding ways to combat what they insist is a deterrent to people deciding to live, work and play in urban centers.

In Memphis, a downtown booster photographs "professional” panhandlers and posts the photos on a blog. The Nashville Downtown Partnership has a campaign of "Please Help, Don't Give” that includes training for employees of restaurants, hotels, shops, office buildings and attractions. The organization also posts fliers and signs throughout downtown with the "Please Help, Don't Give” theme.

The business improvement district in downtown Denver used the same campaign and even commissioned a survey that reported panhandlers were raking in $4.5 million a year. The survey showed 42 percent of adults working or visiting downtown had given to panhandlers. Downtown Denver responded by distributing 150,000 brochures campaigning against giving to panhandlers.

Some of the most aggressive laws against panhandling can be found in Minneapolis, where restrictions include soliciting within 50 feet of parks, sports and convention facilities, and within 10 feet of crosswalks, convenience stores, gas stations and liquor stores.

Back in Bricktown, Jim Cowan is welcoming increased enforcement. The director of the Bricktown Association said merchants and property owners need to work with police to ensure visitors feel safe.

"Our district is so much more pedestrian than other areas, so people need to feel comfortable walking around,” Cowan said. "But it's got to start with the merchants — we have to understand what the laws are, and then call police to enforce them — and sign the complaints.”

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