City Council amends panhandling ordinance to exempt neighborhoods

By Brandon Maxwell
Posted 1/25/17

By BRANDON MAXWELL Emotions were high Monday night, as citizens and members at the Cranston City Council focused on a proposed prohibition against conducting transactions in the street, commonly known as the panhandling ordinance. According to Mayor

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City Council amends panhandling ordinance to exempt neighborhoods

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Emotions were high Monday night, as citizens and members at the Cranston City Council focused on a proposed prohibition against conducting transactions in the street, commonly known as the panhandling ordinance.

According to Mayor Allan Fung, the council has been working to make changes to the ordinance since proposed in April of last year. Should it pass, violators will be served a civil citation, not charged criminally. Though the council and mayor stress the proposed ordinance is to ensure public safety, about 20 people raised concerns, many of them calling the action unconstitutional and another example of the homeless being ignored instead of helped. Some also posed concerns on whether the ordinance would put a stop to events like the Cranston Fire Departments fundraisers for the Muscular Dystrophy Association or local sports teams looking for donations for new uniforms.

“This fall, politicians panhandled for money and votes,” resident Tom Wojick said. “As a matter of fact, I received several panhandling phone calls and flyers from many of you sitting in this room. Using the term panhandling in this context may not sit well, but the core of the transaction is still the same.”

Kate Alden, also a resident, said that while there are many services provided for the less fortunate, much more can be done to provide help. As she spoke, many in the audience who agreed with her held up large green signs reading True.

"If you make panhandling illegal in one location, it will just move to another location in the city," she said. “I'd like to see the entire council sit down with Crossroads, House of Hope, social workers, mental health professionals and others who work with the homeless community and try to understand what is working, where services are falling short and what role the city can play to ensure our most vulnerable populations aren’t falling through the cracks.”

The council proposed an amendment to the ordinance that would limit its scope while promoting traffic safety. In an interview on Tuesday, Council President Michael Farina said the intent of the ordinance is not to keep people off the street, but to keep people from conducting transactions in high traffic areas. He said Council members, traffic engineers, lawyers and others worked together to craft an amendment that will make the ordinance less broadly applicable, limiting it to roads having two or more lanes, and measuring more than 30 feet from curb to curb, where traffic is signed at 25 miles per hour or higher.

He said, “This will exempt low traffic residential streets, where children play or sell lemonade.” He said the amended ordinance protects citizens’ freedom of speech on all streets, and prohibits pedestrians conducting transactions in the flow of traffic on busier streets.

Despite heavy opposition from citizens at the meeting, Mayor Fung passionately doubled down on his support of the ordinance saying that it has been mislabeled as an attack against the homeless, rather than an effort to ensure public safety for both drivers and pedestrians

“I’ve been in a situation where I’ve taken a life,” Fung said, referring to an automobile accident that occurred while he was in college. “You can laugh all you want to, but that is something that I live with every single day, and I don’t ever want that to happen to anyone.”

Some locals, fearing potential lawsuits from the ACLU of Rhode Island that could be expensive for taxpayers, said they would rather avoid any extra spending. Council members said they can’t dictate their actions based on outside groups.

“This isn’t an easy decision, but it’s a weighted one and an important one,” Fung said. “I urge you to pass this amended version when it comes up because I believe personally that it is the right thing to do, and it provides a safe way for individuals to still get their message out and do what’s needed.”

A public hearing on the amended ordinance is scheduled for February 15 in the Council Chambers.

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