Bradenton City Council not ready for new panhandling law. Education may be the answer

The hot-button debate over panhandling on local streets shifted to the Bradenton City Council chambers on Wednesday. Like county commissioners a day earlier, council members fell short of coming up with a definite solution.

Rsidents arrived at City Hall to share their concerns about panhandling with the council after a story about a local man confronting a panhandler recently went viral.

“You have an obligation to tourists and the local economy,” resident Kevin Van Ostenbridge said. “What sort of image is the city going to gain from beggars being all over the regatta? You have to think of economic welfare. This should not be happening.”

Ryan Bray, the man who reignited local conversations concerning panhandling when he offered a man asking for money a job and was turned down, also addressed council members. What resources, he asked. would police need to help get a handle on panhandling?

“Clearly whatever we’re doing isn’t working, it’s getting worse. And it’s getting worse by the day,” Bray said.

After much discussion, it does not seem a legal crackdown on panhandling is a possible solution for the city.

Though no official action was taken, there seemed to be some agreement among city council members that the city should instead work to educate the public about other places to donate their money and how businesses can use law enforcement to protect their property from panhandlers.

“There’s things we can do, but we have to educate everyone,” said council member Gene Brown.

It was suggested that the city educate business owners about the police department’s business trespass program. Police Chief Melanie Bevan pointed out that program in primarily applicable during times the businesses are not open.

Council members discussed concerns from resident who have said they were approached by panhandlers in business parking lots. Mayor Wayne Poston said it’s happened to him at a gas station.

Poston said it’s a frustrating issue. He’s even encountered a woman who offered to sell him food she picked up from a local organization for just a few cents so she could have money to buy cigarettes.

During times a business is open, Bevan said someone from the store should call the police and officers will issue a warning when appropriate. But, Bevan noted, they need the involvement of the business.

She cautioned against creating a sweeping ban of certain people during business hours. Then the interpretation of who they are and what they’re doing is left to police.

Council members also issued a reminder to residents to donate to local organizations that directly assist the homeless rather than giving directly to panhandlers. And if a motorist or person is encouraged by an aggressive panhandler, they should call the police to make a report.

Education is different from possible approaches that Manatee County commissioners discussed Tuesday, which could involve “strategic enforcement tactics.” Undercover sheriff’s office vehicles and a permitting process were suggested. Commissioners did not take any action, but ordered the County Attorney’s Office to study how other Florida counties are addressing panhandling and return with possible solutions for Manatee.

Chuck Routhier told Bradenton City Council members he understands there are problems with panhandling and trash left behind, but he knows a man he sees on a regular basis who panhandles to support his family.

“I don’t like it when I feel guilty. But I don’t feel like I have to give to everybody,” Routhier said. “There are people that are not very pleasant but there are some people worthy of helping out.”

Are there other options?

Florida law restricts a person from obstructing traffic and police can step in when someone gets aggressive, but it’s someone’s constitutional right to stand on the sidewalk with a sign.

Bradenton City Attorney Scott Rudacille said some cities have set up zones where panhandling is not permitted, such as in St. Augustine and Daytona Beach. Those, however, are fully expected to be challenged in court.

In St. Petersburg, some similar panhandling-free zones exist, along with provisions for aggressive panhandling and panhandling on certain streets, Rudacille said. He noted the city has received a cease and desist letter from the ACLU.

During her time in St. Petersburg, Bevan helped craft that ordinance. At the time, she said, it was contentious.

“At the end of the day it was passed and enforced,” Bevan said.

There is likely a court battle coming, Rudacille noted.

In Bradenton, there are some areas where zoning like that would be difficult to enforce. Specifically, intersections where one or some of the corners are in the city but others are technically in the county.

“The reason Bradenton is facing issues is it’s displacement from Sarasota or St. Pete. It’s a bit of a moving target so to speak,” Bevan said.

Fining the person giving items or money to panhandlers, is another approach Rudacille brought up to council. He said, to his knowledge, it hasn’t been challenged in court yet but it also has not been upheld. Brown said he would not like this option.

“The real question for council, anything you implement has the ability to be challenged,” Rudacille said. “It’s a matter of how far you want to go at this time and whether you’re willing to take the risk that there is some action against the city.”

In the meantime, Brown believes law enforcement agencies could be doing something now with the laws that exist, including educating the public.

“Education, education, education for all of us might be one of the biggest things we don’t get sued for,” Brown said.

Ward 1 council member Gene Gallo asked if the city could put up signs, like ones in Vero Beach, that would discourage panhandling and drivers from giving money to panhandlers or add a similar message to the water bills. Harold Byrd Jr., Ward 5 council member, suggested a public relations push from the city.

Bevan said they would reach out to Vero Beach officials and ask if those signs have had an impact.

Panhandling will be discussed among city and county officials at the July 30 Council of Governments meeting.