Here’s how Manatee County may try to cut down on panhandling
The latest attempt to curb panhandling in Manatee County focuses on two aspects — limiting access to roadway medians and prohibiting solicitation of drivers.
The County Attorney’s Office previously warned the Board of County Commissioners that panhandling is an action that is largely protected as a form of expression under the First Amendment.
The latest proposed tweak to the county code seeks to target public safety instead.
“These are traditional public forums and banning speech in public forums is considered content-based regulation,” Assistant County Attorney Kate Zamboni told the commissioners during Tuesday’s meeting.
“Attempts to ban panhandling, while permitting other First Amendment activities within traditional public forums, is unlikely to survive legal challenge,” she wrote in a Sept. 9 memo to the board.
Commissioners say the proposed changes were spurred by a recent uptick in aggressive attacks by panhandlers. The board considered a draft ordinance that discourages panhandlers from using the medians on “highly traveled roads” throughout the county.
Citing pedestrian-involved crash data along arterial and collector roads throughout the county, Zamboni pitched the county code be updated as a public safety issue. Staff spent nearly three months researching similar resolutions in other Florida municipalities.
“As you know, pedestrian safety is an issue in Manatee County,” she said.
The sheriff’s office also helped develop the proposed ordinance. Maj. Patrick Cassella explained that the current ordinance doesn’t have the “teeth” law enforcement needs for effective action.
“We’re seeing more aggression, but there wasn’t a lot of teeth and things that we could do,” said Cassella, the sheriff’s office’s enforcement bureau chief.
“It’s really our job as the sheriff’s office. We have to provide safety. It’s not safe,” he added. “It’s not safe for the drivers, it’s not safe for those standing in the median.”
The proposed enforcement guidelines are more clear cut. A pedestrian would receive a citation if they remain in the median for two consecutive opportunities to cross the road, and the definition of an “implied threat” is included in the ordinance.
Repeat offenders would be subject to a fine of up to $500 or 60 days in jail.
“I like the idea that’s narrowly focused on public safety,” Commissioner Betsy Benac said.
“It bears repeating that this ordinance is not aimed at panhandling, but at pedestrian and public safety,” County Attorney Mitchell Palmer continued.
County staff admitted that increased public safety enforcement is only one half of the problem and urged officials to consider increasing resources for the homeless.
“There’s truly no single answer to why people panhandle,” said Ava Ehde, Director of Neighborhood Services. “Each person is unique and those reasons are often private, and our team is working to address the gaps in service.”
The board did not approve the draft ordinance Tuesday afternoon. Instead, commissioners voted unanimously to direct the County Attorney’s Office to advertise a public hearing for the ordinance at a later date.
This story was originally published September 25, 2019 at 4:57 AM.
