Council calls on lawmakers to take action on panhandling

By Daniel Kittredge
Posted 8/24/16

As the issue of panhandling continues to draw statewide attention, the City Council has unanimously approved a resolution urging the General Assembly to take action. The measure, approved Monday, urges lawmakers on Smith Hill to

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Council calls on lawmakers to take action on panhandling

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As the issue of panhandling continues to draw statewide attention, the City Council has unanimously approved a resolution urging the General Assembly to take action.

The measure, approved Monday, urges lawmakers on Smith Hill to “enact legislation establishing rules and regulations governing ‘panhandling,’ so called, consistent with Federal, State and Local laws and ordinances to enable the City of Cranston and other communities to protect the health, safety and general welfare of their citizens.”

The resolution states that “confusion and litigation” over existing laws has “created a proliferation of people approaching motorists asking for money while standing on busy roadways and intersections, stopping the flow of traffic and increasing risks of auto accidents, and other dangers posed by permitting unknown persons to approach motorists increasing the risk of altercations, assaults and carjacking.”

In April, Cranston reached an agreement with the Rhode Island chapter of the American Civil Liberties Union (ACLU) that ceases enforcement of the city’s current ordinance barring panhandling.

The ACLU had filed a lawsuit challenging the ordinance as an unconstitutional violation of First Amendment free speech rights. The suit was filed on behalf of Michael Monteiro, who was issued a summons in June 2015 while seeking donations from a median on Plainfield Pike.

The ACLU has called the agreement with Cranston a “victory against the criminalization of poverty.” Other communities, including Providence, Johnston, and Warwick, have similarly ceased enforcement of their own ordinances in light of legal challenges and court rulings in other jurisdictions.

In the months since, renewed roadside solicitation activity at locations throughout the state has drawn attention from the media, public officials, and others in the community.

Council members on Monday framed the matter as a safety issue, both for motorists and those engaged in panhandling.

Ward 6 Councilman Michael Favicchio said he has been “receiving numerous complaints with constituents” related to panhandling.

“Just about anybody I speak to, this is one of the hot topics for them,” he said.

Favicchio called the issue a “problem statewide,” and particularly in Providence and on major roads in Cranston and similar communities. He said he is concerned with the prospect of a “bad accident,” given the volume of traffic and the proximity of panhandlers – typically situated on narrow medians – to the roadway.

“It’s a safety issue,” he said.

Favicchio also said while the ACLU may characterize the existing Cranston ordinance as “criminalizing poverty,” that “masks” the reality that some people are exploiting the situation. He pointed to television news reports regarding apparent organized operations to collect money from motorists.

For those who are truly in need, Favicchio said, having to ask passers-by for money points to a failure on the part of social service programs.

Ward 2 Councilman Donald Botts said on his way to Monday’s meeting, he had passed someone seeking donations at the side of the road in Rolfe Square. He also pointed to the Route 37 off-ramp near Sockanosset Cross Road as a high-activity site for panhandling.

Botts said the issue “dovetails into the problem with Harrington Hall,” and he worried “some of these panhandlers could be Level III sex offenders as well. He also referenced the television reports regarding “people taking advantage of the public” through organized collection schemes.

“I really do think it needs addressing,” he said.

Citywide Councilman Michael Farina said he too has received a great deal of contact from constituents regarding the panhandling issue.

“We need some rules and regulations to create safety,” he said.

Council Vice President Richard Santamaria said he is “really getting concerned about the proliferation [of panhandling activity] on the roadways.”

“It reflects badly on the city … I know that the ACLU thinks differently than we do on this,” he said.

Council President John Lanni said panhandling has “become an epidemic, not just in Cranston but in every city in Rhode Island.” He said he believes some involved in the activity are “scammers” and may be “dangerous.”

“Nobody can tell me that all of these panhandlers that come out of the woodwork are homeless people,” he said.

Lanni specifically called for state leaders to take action.

“We’ve seen such a proliferation of panhandlers … we need guidelines,” he said. “The General Assembly has plenty of attorneys. So does the governor’s office.”

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