Residents call for panhandling laws, education
Residents told city commissioners Tuesday that panhandling is an issue in Battle Creek, but solving it will take more than a set of ordinances to enforce.
"I don't think enforcement is an entirely viable solution," said David Sciacca, a city resident and downtown developer. "It's part of it, but definitely the last resort."
At the second City Commission workshop to discuss panhandling, community members complained of discomfort and feeling unsafe when being solicited for money. Some said panhandlers were persistent after being turned down and would ask for more money if given any. Downtown business owners have also said panhandlers have been walking into restaurants and soliciting tables, while City Hall employees have signed a petition urging commissioners to address the begging outside of the building's entrance.
Many called for efforts to educate both the public and panhandlers about available resources in addition to an ordinance.
Tuesday's meeting comes as commissioners consider implementing local laws to combat the issue. They haven't considered any formal ordinance changes, but the city attorney's office has presented an outline of potential options: implementing a ban on unlicensed financial solicitations at the downtown business district's public areas and passing citywide loitering and aggravated begging laws.
Bill Schroer, a Bedford Township resident who owns a building in downtown Battle Creek, said panhandling has become an issue, especially for his tenants' female employees. Panhandlers have staked out an exit of the building that is difficult to get past without being approached, he said.
Schroer also said the issue is perpetuating the perception that downtown isn't safe.
"We've been working real hard to develop the downtown and make it viable and a critical part of the community infrastructure," he said. "Whether anyone is attacked or not, there is a perception of fear that is a holdover from the notion that the downtown is not safe."
City Attorney Jill Steele said Tuesday that the commission would take separate votes on the ordinances.
Ross Simpson, owner of Clara's on the River, said he knew panhandling was a complicated issue. "It should not be a crime to be poor but restaurant owners should be able to keep their business attractive," he said.
"We all should understand 'no means no,'" Simpson said. "If somebody asks for help and we're not willing to help, that should be the end. And any persistence beyond that should be some sort of infraction."
Battle Creek police said panhandling issues have been on the rise in recent years, with officers no longer recognizing some of the solicitors in the downtown area. While calls for service are not specifically tied to panhandling, the number of potentially related calls has increased, Police Chief Jim Blocker said.
Officials say without an ordinance addressing aggressive panhandling, there is little that can be done by police unless it falls under simple assault or stalking laws.
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Specific details about whether arrests and fines would be included in the ordinance were not discussed Tuesday. Blocker said officers would first focus on pointing them to available resources in the area. Leaders of several service organizations, such as the Haven of Rest Ministries and the SHARE Center, have voiced opposition to giving money to panhandlers and say residents often are funding drug addictions.
Blocker said violations of laws dealing with loitering, begging and vagrancy rarely result in tickets.
"It's not about eradicating the homeless population or removing compassion from the discussion," he said.
Some said the law also could help panhandlers, some of whom could face dangerous or hostile situations because of an increasing sense of territories and having money on hand.
Elaine Hunsicker, executive director of the Haven of Rest Ministries, said some of the frequent downtown panhandlers are residents of adult foster care homes and suffer mental health issues.
"A lot of our adult foster care residents cannot take care of themselves," she said. "They don't have good judgment and when they panhandle, they might have a pocket full of money, and someone that's out to mug them could get it."
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Like other municipalities across the country, regulating panhandling has been discussed, but talks have been complicated by court rulings that any ban on peaceful begging is unconstitutional.
Talks in Battle Creek have caught the attention of the American Civil Liberties Union of Michigan, which sent a letter to city officials this week urging them to drop talk of a panhandling ordinance. The letter said such a move would "not survive constitutional scrutiny" and also would criminalize other types of speech.
The ACLU has challenged municipal panhandling laws, and at times has been successful in pushing for ordinances to be overturned.
Steele said Monday that the city, in its proposed options, has addressed concerns raised by the ACLU.
Contact Jennifer Bowman at 269-966-0589 or jbowman@battlecreekenquirer.com. Follow her on Twitter: @jenn_bowman